Magistrate seeks to halt EACC probe, calls search warrant unfair

Court. [Courtesy] Thika Magistrate Stella Atambo has accused detectives from the Ethics and Anti-Corruption Commission (EACC) of unlawfully obtaining a court order to search her residence last week. She claims the detectives concealed her identity in their application for the search warrant that allowed them to raid her home. According to Atambo, the detectives used her initials rather than her full name, which she argues was done in bad faith with the intent of tarnishing her reputation and intimidating her, as part of an alleged attempt to frame her for bribery. While seeking to halt further investigations against her, Atambo's lawyers revealed how EACC detectives acted deceptively by misrepresenting the identity of the judicial officers they intended to investigate. Her legal team, led by Lawyer John Khaminwa, told Milimani Anti-Corruption Court's Magistrate Harrison Barasa on Monday that the EACC had secured the search warrant under questionable circumstances. They claim the EACC intentionally omitted Atambo's full name in the application and used only her initials. This omission, they argue, was a deliberate attempt to obscure her identity and mislead the court, making it harder to discern the true nature of the investigation. The lawyers further assert that the actions of the EACC detectives were part of a broader plot to tarnish Atambo's name by falsely associating her with corruption, specifically bribery. By framing Atambo in this way, they argue, the EACC sought to damage her professional reputation and intimidate her into submission, undermining her role as a magistrate. "This move to use initials instead of her full name was not a simple oversight. It was a calculated effort to conceal her identity, which not only compromises her rights but also suggests an intention to tarnish her name," Khaminwa said. "It seems that the EACC detectives are trying to frame Magistrate Atambo by associating her with bribery allegations that are completely unfounded." The lawyers strongly criticized the EACC for failing to adhere to due process when applying for the search warrant. They argue that the detectives' actions breached the basic principles of transparency and fairness required in judicial proceedings. By using initials and failing to disclose her full name, they argue, the EACC misled the court and secured the search order under false pretenses. "Such conduct is not only unlawful but also undermines the integrity of the judicial process. If the application for the search warrant was based on misleading or incomplete information, it calls into question the entire validity of the search," the lawyers continued. They also noted that applications for investigations involving any suspect are typically overseen by the Director of Public Prosecutions (DPP), not the EACC. They argue that the EACC's actions in securing the warrant without proper oversight from the DPP represent an overreach of their mandate. "The EACC is an investigative agency and cannot file an application in court for a search warrant. They are clearly usurping the powers of the DPP," Khaminwa told the court. Khaminwa also revealed that so far the magistrate who issued the orders allowing EACC to search Atambo's house has since disqualified himself from the matter. Magistrate Charles Ondieki recused himself from further handling the case against Atambo because he has been a close friend of Atambo and her husband, Evans Achoki, for 17 years. Further, Magistrate Ondieki based his recusal on the failure by the EACC to disclose the details of the suspect on the application and granted them unaware that the subject was Atambo Atambo's lawyers now want the court to review the search warrant and block further investigations as they believe the process was unlawful. Last week, the EACC obtained a search warrant and, on the morning of March 13, recovered a staggering Sh2 million in cash from Atambo's Syokimau residence, stashed in a laptop bag. The EACC suspects the money to be proceeds of crime. The commission stated that Atambo and her court assistant, Patrick Njeri, were escorted to the Integrity Centre to record statements for allegedly demanding and receiving bribes from individuals involved in criminal cases before her. Magistrate Barasa is expected to rule on the matter on Tuesday at 9 am.

Magistrate seeks to halt EACC probe, calls search warrant unfair

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Magistrate seeks to halt EACC probe, calls search warrant unfair

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