NAIROBI, Kenya, Mar 17 – The High Court has issued an order preventing the Director of Public Prosecutions (DPP) from prosecuting Thika Magistrate Stella Atambo on corruption charges until a petition challenging the case’s legality is resolved.
Through her attorneys Shadrack Wamboi and Dantan Omari, Atambo requested the court to grant the injunction, arguing that the reliefs sought in the two separate cases—one in the High Court and another in the lower court—are significantly different in nature.
“We ask the court to consider granting the orders, as the reliefs sought in the two courts are as different as night and day,” Wamboi told High Court Judge Chacha Mwita.
Her legal team explained that the DPP had been included in the High Court case due to his prosecutorial authority. They further argued that while the lower court proceedings were focused on search warrants, the High Court was being asked to review and examine the legal process involved in the magistrate’s case.
The defense also pointed out that no formal complainants had come forward in the matter.
In the meantime, the Kenya Magistrates and Judges Association (KMJA) has condemned what it sees as a coordinated attack on judicial officers, warning that the independence of the judiciary is being threatened.
The association criticized the rising personal attacks, intimidation, and harassment faced by judicial officers, emphasizing that such actions expose them to public ridicule, psychological harm, and the risk of mob justice.
KMJA has applied to be included in the proceedings, arguing that investigative agencies are abusing legal processes to criminalize judicial functions.
Representing over 800 judicial officers, the association believes its participation is necessary to address concerns such as ex-parte orders, identity concealment in litigation, and the improper use of evidence obtained through misleading means.
The association specifically cited Magistrate Atambo’s case, noting that she has faced cyberbullying and potential disciplinary action due to an order related to a close associate.
KMJA also accused the Ethics and Anti-Corruption Commission (EACC) of unfairly targeting other judicial officers and planning further raids, creating an environment of fear aimed at undermining judicial independence.
As the case progresses, the High Court’s decision on the key issues raised will be closely monitored, with significant implications for both the judiciary and Kenya’s broader legal system.