By Joab Apollo
Anxiety has hit Kenyan Judiciary following the shocking arrest and questioning of senior Judges by the Directorate of the Criminal Investigation (DCI) on grounds of runaway bribery.
On Thursday, Judges Said Chitembwe and Aggrey Muchelule were nabbed from their respective Chambers, much to the chagrin of the Kenya Margistrates and Judges Association (KMJA) that has termed it malice from the executive arm of the government. Consequently, KMJA has moved to court to seek orders barring the court from charging the duo.
But DCI argued it acted on intelligence.
“Following allegations of corruption and abuse of office, the DCI acting on intelligence and as guided under Article 244 (b) of the Constitution engaged Justice Said Chitembwe, Justice Aggrey Muchelule among other accomplices to assist with investigation.” Said a statement from the Directorate of Criminal Investigation.
” The Judges cooperated with the investigating team, recorded statement and left to continue with their duties. The investigations are ongoing.” Added the statement.
Even though public confidence in the Judiciary has waned over the past years, thanks to deep-seated corruption and nepotism, there are fears the arrests are part of a wider scheme by the state to intimidate the Judicial arm of the government.
This deep fear dates back to the 2017 when an infuriated President Kenyatta promised to “revisit” the Judiciary following the famous nullification of his election by the Supreme Court of Kenya. As a result, public outbursts between the president and then Chief Justice David Maraga littered Kenya’s political climate.
Kenya’s Court of Appeal is set to make a ruling on an appeal by the state on the nullification of the Building Bridges Initiative (BBI), an Initiative birthed by Kenyatta and his arch-rival turned friend Raila Odinga to promote “inclusivity” in governance.
And despite the open tension between the executive and the Judiciary, Chief Justice Martha Koome has assured Judges and Margistrates that there should be no cause for alarm as their duties are protected by the Constitution.
“They should continue discharging their duties without any fear in accordance with their oath of office.” She said on Friday.
Corruption remains a major stumbling block to Kenya’s social, political and economic progress. Attempts by state agencies to prosecute cases has always been met with vehement resistance by culprits. The state, quite often than not, has come under fire for weaponising the war on graft practises.
