EACC seeks transfer of Thika Magistrate Stella Atambo's case to Anti-Corruption Court
In March of this year, the Commission, upon obtaining search warrants, conducted searches at her residence as well as those of her Clerk to obtain relevant documents and information to support the investigation.
The Ethics and Anti-Corruption Commission (EACC) has filed an application seeking to transfer Thika Chief Magistrate Stella Atambo's case to the Anti-Corruption and Economic Crimes Division of the High Court.
In the application, the Commission argues that the matter arises directly from a corruption investigation, which falls squarely within the jurisdiction of the Anti-Corruption Division.
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The anti-graft agency has been investigating the Magistrate following numerous complaints alleging that she demands and receives bribes from accused persons in criminal matters before her.
In March of this year, the Commission, upon obtaining search warrants, conducted searches at her residence as well as those of her Clerk to obtain relevant documents and information to support the investigation.
"A total of Sh2,070,000 in cash, suspected to be proceeds of corruption, was recovered inside a laptop bag at the residence of Hon. Atambo among various documents relevant to the investigations," EACC said at the time.
The two were later escorted to EACC headquarters for questioning.
Afterwards, the Magistrate sued the commission to stop the probe and to recover the items that were recovered as evidence under a petition dated March 17 that also sought to quash the search warrant.
She argued that the warrant was defective as it failed to identify her properly and deliberately omitted material information, thereby misleading the court. She further claimed that the warrant undermines judicial independence.
On March 18, 2025, Justice Chacha Mwita issued interim orders suspending further investigations and enforcement action against Hon. Atambo, pending the hearing and determination of the petition
On Tuesday this week, the High Court granted the Kenya Magistrates and Judges Association (KMJA) an application to join the petition that also challenges the search warrants issued to the EACC in relation to the corruption probe.
On its part, EACC 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.
Further, EACC lawyers said 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, stated her full name in the application for a warrant would have compromised the entire investigation. And that, had the warrant been leaked to the suspect, the evidence of the suspected crimes would have been hidden or destroyed," the commission explained.
The anti-corruption court has scheduled October 7 as the hearing date for the new application by EACC.
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