High Court judge Justice Said Juma Chitembwe now admits that police recovered USD7,000 (Ksh770700) from his pockets but claims the money was for purposes of paying his son's school fees in Australia.
He says his family has kept a dollar account under his wife's name for over three years and as such it is not unusual or suspect for him to have US dollars in his possession as it was claimed by police.
"That after the search, I did remove from my pockets USD7000 that I had been having with me for purposes of paying my son's school fees at the Edith Cowan University in Australia "read the judge's affidavit.
He says there was no seizure of the said amount from him since he voluntarily handed the same over to the officers and a search certificate was issued to him.
The judge has further defended himself saying the cash was and is still his lawful money intended for his son's school fees in Australia.
"I voluntarily handed over the same to the officers when I saw them do a body search on the 1st interested party so as to avoid any misrepresentation by the said officers as is now misrepresented in for Karisa's affidavit," the affidavit added.
He claims the said money had been in his possession since July 20, 2021, as he was not able to transfer it directly to his son's university tuition account.
He claims he was trying to create time to go to the bank for help and advise on how to transfer the money directly to the university as requested by his son before he was arrested.
The judge claims that before that he had always sent money to his son in foreign currency directly into his account by converting dollars to the Australian currency.
He says he was arrested frog-matched to DCI offices and ordered to write a statement on the occurrence of that day from the time the officers confronted him outside Justice Aggrey Muchelule's chambers.
The judge has narrated how he was arrested by the DCI officers while leaving justice Muchelule chambers where he was asking him to accompany him for tea on the fourth floor of Milimani Law Courts.
"Outside the door of the 1st interested party's office, I met three persons who introduced themselves as police officers and ordered me back into the chamber of the 1st interested party for an operation as they called it"read the affidavit in part.
Chitembwe claims nothing was recovered and the officers issued a search certificate that was executed to confirm the same.
The judge says he was neither informed of the nature of the crime that was being investigated against him nor who the accuser was.
