NAIROBI, Kenya – The High Court has temporarily barred the Director of Public Prosecutions (DPP) from pursuing corruption charges against Thika Magistrate Stella Atambo, pending a legal review of the case.
Justice Chacha Mwita granted the temporary injunction after Atambo, through her lawyers Shadrach Wamboi and Danstan Omari, argued that the legal issues before the High Court and the lower court were distinct.
They contended that the prosecution should not proceed before the High Court determines whether due process was followed in bringing the case against her.
“We plead with the court to consider granting the orders because the reliefs sought in the two courts are as different as day and night,” Wamboi submitted.
The case has drawn the attention of the Kenya Magistrates and Judges Association (KMJA), which has condemned what it describes as a growing pattern of intimidation against judicial officers.
The association claims Atambo is being unfairly targeted for a decision she made in a case involving a close associate and that the Ethics and Anti-Corruption Commission (EACC) is using selective enforcement to instill fear in the judiciary.
KMJA, which represents over 800 judicial officers, has applied to join the case, citing concerns that investigative agencies are manipulating legal processes to criminalize judicial decisions.
The association also pointed to increasing cyberbullying and public harassment of judicial officers, warning that such actions threaten judicial independence.
In Atambo’s case, the defense argued that no formal complainants had come forward and that the lower court proceedings focused on search warrants, while the High Court was tasked with assessing the legality of the entire investigative process.
Meanwhile, the EACC has faced accusations from the judiciary of planning more raids on magistrates and judges, a move critics say is designed to erode judicial autonomy.
