High Court extends orders blocking probe of Magistrate Stella Atambo

Thika Law Courts Chief Magistrate Stella Atambo. [File, Standard] The High Court has extended interim orders barring the State from investigating or prosecuting Thika Law Courts Chief Magistrate Stella Atambo over bribery allegations. Justice Chacha Mwita on Tuesday extended the orders to July 1, pending the hearing of an application by the Kenya Magistrates and Judges Association (KMJA), which is seeking 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. The Judge further directed Magistrate Atambo to serve the Directorate of Criminal Investigations (DCI), the Ethics and Anti-Corruption Commission (EACC), and the Office of the Director of Public Prosecutions (ODPP) with her amended petition challenging the investigations and intended prosecution. This direction came after it emerged that the State agencies had not yet been served afresh with the amended petition. The petition is part of Atambo's efforts to stop what she terms as unlawful investigations and a looming prosecution. KMJA filed an application dated March 15, 2025, seeking to be admitted 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 However, EACC, through lawyer Dan Mulei, indicated to the court their intention to oppose the request by KMJA to be enjoined in the proceedings, saying it would be proper for the association to participate in the proceedings In addition, the EACC informed the court that it has filed a separate application seeking to have the matter filed by Atambo prohibiting her arrest, detaining, and charging transferred to the Kiambu High Court. Judge Mwita, however, directed that he would hear the application by KMJA on July 1. Magistrate Atambo moved to court after EACC accused her of demanding and receiving bribes from individuals involved in criminal cases before her at Thika Law Courts. The EACC claims that on the morning of March 13, they recovered a staggering Sh 2 million in cash from Atambo's Syokimau residence, stacked in a Laptop bag, which they believe to be proceeds of crime. The commission said Atambo and her court assistant, Patrick Njeri, were escorted to record statements. "EACC wishes to confirm that it is conducting investigations against Hon. Stellah Atambo, Chief Magistrate, Thika Law Court, following numerous complaints alleging that she demands and receives bribes from accused persons in criminal matters before her," it claimed. Atambo, through her lawyer, Shadrack Wambui, swiftly filed a petition before the High Court seeking to block the state's continued investigation. Wambui accuses the EACC of acting unlawfully, particularly in relation to the way the agency sought a search warrant. "The application filed by the EACC contained a deliberate attempt to hide Magistrate Atambo's identity by using only her initials instead of her full name. This was not a simple clerical error; it was a calculated move to prevent scrutiny and to ensure that neither the Court nor the Petitioner herself would immediately realize the true nature of the application," Wambui asserts Atambo, however, alleges that the search was an attempt to intimidate, harass and obstruct her in discharging her judicial mandate. She says the court order used for the raid contained a wrong name, calling it a deliberate move to avoid scrutiny. "This was not just a simple search; it was a calculated and unconstitutional invasion of her privacy, designed to undermine her ability to carry out her judicial duties without fear of harassment or undue influence," Wambui argues In her petition challenging the probe and imminent prosecution, Atambo strongly refuted the allegations, denying any involvement in corrupt practices. "I have never been implicated in any misconduct that would justify such a drastic, humiliating, and unconstitutional invasion of my home," she declared in an affidavit filed in court. "I routinely preside over highly contentious, politically charged, and emotive cases, making me an obvious target for intimidation." She further points out that the raid on her residence had caused unnecessary distress, particularly to her children, who were woken up early in the morning by the aggressive actions of the investigators. "On March 12, the EACC obtained an order from the Milimani Chief Magistrate's Court to seize documentary evidence, electronic devices, unexplained sums of money, or any other necessary items. The next day, at 6 a.m., they raided my home. The whole ordeal was unnecessary and abusive," Atambo narrated in her affidavit. Atambo's lawyers have also emphasized that the use of state machinery to target judicial officers undermines the independence of the judiciary.

High Court extends orders blocking probe of Magistrate Stella Atambo

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High Court extends orders blocking probe of Magistrate Stella Atambo

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