The High Court has prohibited the Directorate of Criminal Investigations (DCI) and the Directorate of Public Prosecution from detaining and Prosecuting Justice Aggrey Muchelule.
This comes after Muchelule applied for the order citing his impending arrest on fabricated charges by the respondents if the order was not obtained.
“It is the applicant’s case that the respondents’ actions are arbitrary and, at any rate, contrary to the Constitution. He fears that going by the respondent’s unruly conduct, he is likely to be arrested or arraigned on trumped-up charges,” read the court documents.
The order was given by High Court Judge Justice Jairus Ngaah on Friday, July 23, 2021.
"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 Honourable Court may deem fit to issue,” he said.
The High Court has further given the DCI, DPP and the Inspector general of police 7 days to file and serve their submissions.
Likewise, the applicant will be required to file and serve his submission 7 days from the date of service of the respondent’s response.
The grant was preceded by Kenya Judges and Magistrate Association asked for an injunction prohibiting the government authorities from arresting Muchelule and Juma Chitembwe.
They also accused the government of mischief if the arrest of the two justices.
Danstan Omari, the lawyer acting for the association said the trouble that befell the 2 judged are the government’s arrangements.
Omari also said due process was not followed as the Judiciary Service Commission was not notified, there were neither charged nor complainants.
“The due process was not followed, if there are issues, you first inform the JSC not proceed to arrest them. What were the charges? Who was the complainant?” he posed.