Magistrates and Judges association enjoined in case seeking to block Stella Atambo's graft prosecution

Thika Chief Magistrate Stella Atambo. [File, Standard] Thika Chief Magistrate Stella Atambo can now breathe a sigh of relief after the Kenya Magistrates and Judges Association (KMJA) was allowed to join a case challenging her investigation by EACC. This comes after the High Court allowed the association to join a petition filed by Atambo challenging search warrants issued to the Ethics and Anti-Corruption Commission (EACC) in relation to a corruption probe targeting her. KMJA on March 15, 2025 filed an application seeking to be admitted in the case as an interested party, on the grounds that Atambo is a member of the association and the association wishes to support her lawsuit seeking to bar the State from prosecuting her on corruption charges The Petition arises from a search conducted by the EACC on March 13, 2025 at her residence. Read: Thika chief magistrate Stella Atambo sues to block graft probe The operation by EACC followed multiple allegations that the magistrate solicited and received bribes from accused persons appearing before her court. During the search, EACC is said to have recovered Sh2.07 million in cash, suspected to be proceeds of corruption. But in her response, the magistrate filed a petition on March 17, 2025, seeking to quash the search warrant. She argued that the warrant was defective as it failed to properly identify her and deliberately omitted material information, thereby misleading the court. Ms Atambo further claimed that the warrant undermines judicial independence. EACC in its argument before the court argues that issuance of warrants by the court is on the basis of evidence provided by the investigator and not personalities named in the application. "It was necessary to redact the name of the Magistrate to avoid compromising the investigation process by vanquishing the evidence. The Magistrate, being a well-known figure in the Judiciary, stating her full name in the application for a warrant would have compromised the entire investigation," EACC said in its application. According to the commission, including the name of the magistrate on the warrant would have provided room for its leakage leading to destruction of evidence of the suspected crimes. ALSO READ: High Court extends orders blocking probe of Magistrate Stella Atambo On March 18, 2025, Justice Chacha Mwita issued interim orders suspending further investigations and enforcement action against the Magistrate pending the hearing and determination of the petition by KMJA, which sought to be enjoined in the case as an interested party. "Will first hear the application by KMJA to be enjoined in this matter, and interim orders that are in place are extended to July 1," ruled Justice Mwita. EACC in a move to counter the orders filed an application seeking to transfer the case to the Anti-Corruption and Economic Crimes Division of the High Court. The graft agency said the matter arises directly from a corruption investigation, which falls squarely within the jurisdiction of the Anti-Corruption Division. The application is scheduled for hearing on October 7, 2025.

Magistrates and Judges association enjoined in case seeking to block Stella Atambo's graft prosecution

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Magistrates and Judges association enjoined in case seeking to block Stella Atambo's graft prosecution

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