The High Court has issued orders barring the state from preferring criminal charges against justice Aggrey Muchelule over bribery allegations.
A ruling issued by Justice Jairus Ngaah of the Judicial Review division on Friday has prohibited the IG, DCI and DPP from making further arrests or preferring any charge against Muchelule for alleged offence connected with the unlawful and illegal search conducted in his chambers on July 22, 2021, and the resultant arrest.
"In order to maintain the substratum of the suit and so as not to render the substantive suit futile, I hereby order that the leave granted shall operate as a stay of any action by the respondents or any of them against the applicant that violates or threatens to violate the Constitution. To be precise, the leave granted hereby stays any decision or action to investigate, summon, arrest or charge the applicant on anything connected with the search conducted in the applicant's Chambers on the 22nd day of July 2021 pending the hearing and the determination of the substantive motion or until such further orders that this court may deem fit to issue," Ngaah ruled.
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This is after Muchelule's lawyer Bryan Khaemba a former magistrate moved to court on Friday afternoon and sought orders barring the DPP, IG and DCI from arresting or prosecuting the family division high court judge.
Muchelule who was arrested on Thursday afternoon and freed later in the evening informed Justice Ngaah that the state actions are arbitrary and at any rate contrary to the Constitution.
Khaemba argued the Judge fears that going by the state unruly conduct, he is likely to be arrested or arraigned on trumped-up charges.
Meanwhile Kenya Judges and Magistrate Association seeking to bar that the DPP and DCI from Prosecution justices Said Chitembe and Aggreg Muchelule over bribery allegations.
The Kenya Magistrates and Judges Association have condemned the arrest of Justices Muchelule and Chitembwe saying it was an orchestrated attack by the state meant to embarrass them.
Through their lawyers Danstan Omari, Cliff Ombeta and Shadrack Wambui, while addressing the press after filing the case Omari claimed that officers from the DCI wanted to plant money in the Judge's chambers then accuse them of taking bribes.
Omari said that the State has been arresting members of the judiciary with the intent of stripping them of their dignity.
According to documents filed in court KJMA wants the court to issue orders restraining g the state from further arresting or charging the two Judicial officers in any court within the republic of Kenya.
"That the court be pleased to issue a conservatory order forthwith restraining the DPP and DCI their servants, agents or assistants from arresting, harassing, arraigning or charging the justices Muchelule and Chitembwe pending hearing and determination of the application," KJMA says in the court documents.
The KJMA also wants the court to also issue an order barring the two judges from taking pleas in any criminal court within the jurisdictions until the petition is heard and determined
