The Office of the Director of Public Prosecutions (DPP) on Friday distanced itself from the arrest of two High Court judges Aggrey Mucheule and Said Juma Chitembwe on Thursday, July 22.
The ODPP in a statement on social media said it was not part of plans that occurred that led to the arrest of the two judges.
DPP Noordin Haji made it clear that his office did not order the Directorate of Criminal Investigations (DCI) to arrest the two judges.
They also shut down reports by Law Society of Kenya Nairobi branch chairman Eric Theuri who had pointed out that the DPP had arranged for the two judges to be arrested by the DCI.
“Contrary to reports by one Eric Theuri, purportedly speaking for LSK blaming the DPP for the arrest, the DPP is not aware of circumstances which led to arrest or questioning of 2 Judges neither has his office received any investigation files concerning them.
“In the event the file (s) is presented to the ODPP for advice, the DPP will direct as appropriate,” the statement read.
The two were arrested alongside their drivers as well as secretaries. One of the judges was reported to have benefited from a bribe of Ksh5 million in a case that was to be determined on Thursday, July 22.
The other was accused of receiving a piece of land related to a case he determined.
“They were arrested by the Battery of waiting for police officers. They drove back to the chambers of Justice Muchelule and were told that there has been an exchange of money and that money was within his (Muchelule’s chambers).
“A search was conducted. Not even a coin was found within the chambers of Muchelule,” lawyer Danstan Omar stated.
Judge Aggrey Muchelule is among the six judges rejected by President Uhuru Kenyatta while promoting 34 others to the court of appeal, a decision that exposed Uhuru to all manner of confrontations with the Judiciary.
Chitembwe on the other side was among the candidates who were keen to replace retired Chief Justice David Maraga but also failed.
The 54-year-old Justice Chitembwe was the subject of controversy in 2016 when he set free a man serving a 20-year jail term for defiling a 13-year-old girl free.
According to him, it was wrong to hand the man the heavy punishment when both were enjoying the relationship.