The High Court Monday issued temporary orders blocking the Director of Public Prosecutions (DPP) from proceeding with the prosecution of Thika Magistrate Stella Atambo.
The decision comes as the court considers a petition challenging the legality of the graft case against her.
Atambo, through her lawyers Shadrach Wamboi and Danstan Omari urged the court to grant the injunction, arguing that the reliefs sought in the two cases one in the High Court and another in the lower court are fundamentally different.
“We plead with the court to consider granting the orders because the reliefs sought in the two courts are as different as day and night,” Wamboi submitted before High Court Judge Chacha Mwita.
The court was informed that the DPP had been enjoined in the High Court case, given his prosecutorial mandate.
Wamboi further argued that the lower court proceedings revolved around search warrants, while the High Court was being asked to review and scrutinize the legal process undertaken in the magistrate’s case.
The defense pointed out that no formal complainants had come forward in the matter.
This came as the Kenya Magistrates and Judges Association (KMJA) condemned what it describes as a coordinated attack on judicial officers, warning that the independence of the judiciary is under threat.
The association decried the increasing personal attacks, intimidation, and harassment of judicial officers, stating that such actions expose them to public ridicule, psychological distress, and the risk of mob justice.
KMJA sought to be enjoined in the proceedings, asserting that investigative agencies are misusing legal processes to criminalize judicial functions.
Representing over 800 judicial officers, the association argues that its involvement is crucial to addressing issues such as ex-parte orders, identity concealment in litigation, and the misuse of evidence obtained through deceptive means.
The association highlighted Magistrate Atambo’s case, stating that she has been subjected to cyberbullying and potential disciplinary action due to an order issued in connection with a close associate.
KMJA further alleged that the Ethics and Anti-Corruption Commission (EACC) has unfairly targeted other judicial officers and is planning further raids, fostering a climate of fear designed to weaken judicial independence.
As the case unfolds, the High Court’s ruling on the substantive issues raised will be closely watched, with potential implications for both the judiciary and the broader legal landscape in Kenya.
EACC launched an investigation into alleged bribery involving the Chief Magistrate.
According to the commission, multiple complaints have been lodged accusing the magistrate of soliciting and receiving bribes from accused persons in criminal cases before her court.
EACC stated that the bribes were allegedly collected through Patrick Njeri Muriithi, a clerk working under the magistrate.
The commission believes that money was exchanged on various dates, raising suspicions of corruption within the judiciary.
On Thursday, March 13, 2025, EACC officers, armed with search warrants, conducted raids at the residences of both Atambo and the court clerk.
The operation aimed to secure documents and evidence relevant to the ongoing investigations.
During the search, officers recovered Sh2,070,000 in cash hidden inside a laptop bag at the magistrate’s residence.
The commission suspects the money is linked to the alleged bribery scheme.
In addition to the cash, various documents believed to be crucial to the investigation were also seized.
Atambo and Muriithi were taken to EACC headquarters for questioning and to record their statements regarding the allegations.
EACC Secretary and Chief Executive Officer Abdi A. Mohamud confirmed the operation, reiterating the commission’s commitment to fighting corruption within the judiciary and other public offices.
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