Stella Atambo Case: High Court Halts EACC & DPP From Arresting Accused Magistrate

• Stella Atambo, the Thika Chief Magistrate, obtained orders preventing her impending arrest and prosecution.
• Atambo is alleged by the Ethics and Anti-Corruption Commission (EACC) to have accepted bribes with the aim of influencing case outcomes within her jurisdiction.
• The previous week, EACC officers conducted a raid at her residence and discovered an amount of KSh 2 million suspected to be illicit gains.

Troubled Thika Chief Magistrate Stella Atambo has been granted relief following a ruling by the High Court which imposed provisional injunctions against the Director of Public Prosecutions (DPP) and the Ethics and Anti-Corruption Commission (EACC), preventing them from arresting or pursuing legal action against her.

On Monday, March 17, Judge Chacha Mwita issued the decision following a petition submitted by the magistrate questioning the validity of the charges against her.

In her application, she raised doubts about the process used to obtain a search warrant. It is alleged that the magistrate accepted bribes to influence decisions within her jurisdiction.

On Friday, March 13, KSh 2 million in cash was discovered at her residence.

Why Stella Atambo Is Seeking to Halt Her Prosecution

Her attorneys, Shadrach Wamboi and Danstan Omari, requested the court to issue an injunction, contending that the matters in the two cases are essentially distinct and ought to be handled independently.

"We kindly ask the court to grant these orders since the reliefs requested in each case differ greatly," Wamboi said.

It was communicated to the court that the involvement of the Director of Public Prosecutions in the High Court case stemmed from his powers related to prosecution.

Wamboi also highlighted that although the lower courts focused on the matter of search warrants, the High Court had the responsibility of examining the overall legality of the procedures in the magistrate's case.

The defense pointed out that no official complainants had come forward regarding the issue.

When approving the application, Justice Mwita imposed an order stopping Atambo’s prosecution until the case has been heard and decided upon.

Last week, investigators from the EACC conducted a search at the magistrate’s residence and seized KSh 2 million suspected of being proceeds from corrupt activities.

Is the Kenyan judicial system facing an assault?

Following the issuance of the injunction order, attorneys Omari, Peter Njagi, and Martina Swiga stated that Magistrate Atambo’s predicament represents an assault on the judicial system.

"There has been a significant assault on the Judiciary. It began with the Chief Justice, then targeted the judges, and has since extended to the magistrates. They are employing criminal allegations for this purpose. By sidestepping the ODPP, their aim appears to be to humiliate and instill contempt for institutions such as the Judiciary," stated Omari.

The attorneys further disclosed their intention to file a petition aimed at dissolving the EACC.

"This serves as an urgent reminder to the EACC. It appears that the commissioners lack clarity about their responsibilities. By 4 PM today, we will submit this petition demanding they step down, ensuring capable individuals can manage the EACC appropriately," added another attorney.

Why did the magistrate step aside from Stella Atambo's case?

Previously, .co.ke It was reported that Milimani Principal Magistrate Charles Ondieki withdrew from handling a case related to Atambo.

Ondieki mentioned his personal relationship with the magistrate as the basis for his inability to remain in charge of the proceedings.

Previously, the magistrate issued a search warrant for the EACC to use against Atambo.