BY SAM ALFAN
High Court Said Chitembwe has admitted that he had USD7,000 (about Sh770,000) when police officers raided his chambers in July.
Justice Chitembwe however denies claims by detectives from the Directorate of Criminal Investigations (DCI) that they are the ones who recovered the money.
In an affidavit filed in court, the Judge says the money was meant for school fees for his son who is studying at an Australian University.
“That after search, I removed from my pockets USD7, 00 that I had been having with me for the purpose of paying my son’s fee at Edith Cowan University Perth I in Australia and handed over the same to the officers,” Judge Chitembwe says.
He denies claims that the cash was seized and maintains that he voluntarily handed the money to the officers.
“It is therefore grossly wrong and patently misleading for Inspector Karisa to depone that the USD 7,000 were recorded by him and his officers pursuant to the unlawful search,” he said.
The judge adds that as a family they have kept the dollar account for the last three years under his wife’s name and as such it is not unusual or suspect for him to have US dollars in his possession as is proposed by Inspector Karisa.
He further adds that he had the said money since July 20 and he was unable to transfer the money directly to his son’s university tuition account.
“I was waiting to find time and go to the bank for help and advise on how to transfer the money directly to the university as requested by my son when I was unceremoniously and embarrassingly roughed up and arrested within the court precincts for no crime at all,” adds the judge.
The judge insisted he was arrested by the officers of DCI at his chambers. “I must state all this time I felt and clearly considered myself under arrest until my release after recording of the day’s events in the form of a statement,” he stated.
He adds that he was ordered in an unruly and undignified manner, frog-marched by DCI’s officers from the precincts of the High Court premises at Nairobi to the DCI headquarters where without notice whatsoever to the nature of the inquiry being conducted against him by the DCI.
“I was again ordered to write a statement on the occurrence of that day from the time that the officers confronted me outside Justice Aggrey Muchelule chambers until I arrived at the DCI’S offices”, he adds.
He further adds that he was not informed of the nature of the crime that was being investigated against him, who his alleged accusers were, why his chambers were invaded and searched without a warrant.
He also questions why Judicial Service Commission and Chief Justice Martha Koome was never informed of what he terms as invasion, unlawful search and arrest in advance.