High court judge Said Juma Chitembwe has admitted to having had on his person USD7,000 (Sh770,000) when he and justice Aggrey Muchelule were arrested in July.
In an affidavit, Chitembwe said he gave the money to the officers after he witnessed them conduct a body search on Muchelule.
The money, he maintains, was meant for his son’s Australian school fees.
He adds that he had had the money since July 20 because he was unable to transfer the funds into his son’s tuition account as requested.
“I was waiting to find time and go to the bank for help and advice on how to transfer the money directly to the university as requested by my son when I was unceremoniously and embarrassed , roughed up and arrested within the court premises fro no crime at all,” he says.
He has also told the court that it is not unusual for him to have dollars on him as he and his family operate at least three dollar accounts.
“That as a family we have kept a dollar account under my wife’s name for over three years and as such it’s not unusual or suspect for me to have US Dollars in my possession as its proposed by the DCI,” adds Chitembwe.
He also claims that he was not informed of his crimes, accusers and why his chambers were raided and searched without a warrant.
While DCI sleuths have denied ever arresting the judges, Chitembwe notes that he felt under arrest until “my release after the recording of the day’s event in the form of a statement”.
He has also averred that the Sh5.5 million allegedly recovered from Justice Muchelule belonged to unidentified woman brought into the chambers by the detectives.
“The said officers also brought into chambers of the 1st interested party an unidentified lady seemingly under arrest and without introduction to us, proceeded to the toilet where she was searched and $50,000 ( over Ksh5.5 million) allegedly recovered from her,” he continues.
The two judges were accused of receiving bribes for various cases they previously handled.
Mchelule was among President Uhuru Kenyatta’s “Rejected Six”, who were denied promotions due to “integrity issues”.