Thika Law Courts Chief Magistrate Stellah Atambo has moved to court seeking orders to block her prosecution over corruption allegations.
The magistrate also wants the court to issue a declaration that the raid, search and seizure at her home by the Ethics and Anti-Corruption Commission (EACC) was unconstitutional, null and void.
“A declaration be and is hereby issued that the raid, search and seizure by the respondents was precipitated by material non-disclosure mala fides, abuse of process and are consequently rendered unconstitutional, null and void”
In addition, C.M Atambo wants the court to restrain the police from harassing, intimidating her or abuse of legal process whether in her personal or professional capacity including any actions intended to undermine her judicial independence.
Through lawyers Danstan Omari and Cliff Ombeta, the court heard that by way of an ex parte notice of motion dated 12th March 2025, EACC moved to the Chief Magistrate’s Court at Milimani, seeking a warrant to enter the Magistrate’s Syokimau premises for purposes of seizing documentary evidence, electronic devices, unexplained sums of money, or any other items deemed necessary in an investigation into economic crimes.
“On the same day, the 4th Respondent (Milimani Anti-Corruption Court) issued a ruling granting the application, pursuant to which an order was extracted,” Omari said.
According to court documents,the very next morning, at 6:00 AM, officers from EACC arrived at Atambo’s home, where she resides with her spouse and children, and gained entry in a manner both excessive and uncivilized.
The officers are said to have ransacked the house with reckless abandon, disrupting everything in sight and leaving the premises in disarray.
“This was done in the full presence of the petitioner’s children, intruding upon their privacy and exposing them to a needlessly distressing and traumatic experience.
Misrepresentation
The court heard that the petitioner is a distinguished advocate of the High Court of Kenya with over 24 years of experience and in good standing, currently serving the public as a Chief Magistrate at Thika, where she dispenses justice with integrity.
C.M Atambo views EACC’s actions as a calculated and unwarranted attack, seemingly designed to intimidate, harass, and obstruct her in the discharge of her judicial mandate.
In addition , it is alleged that the search order itself demonstrates that the EACC deliberately misrepresented the petitioner as “Bonareri N”, despite having access to her full details.
“There was no legitimate reason for failing to list her full name, as has been done in this petition.”
According to Omari, the arguments and framing of the application were intentionally designed to conceal Atambo’s official capacity, a fact that is publicly available and unquestionably known to the respondents. Their deliberate omission raises serious concerns about the integrity of their application.
He added that despite EACC failing to disclose material facts or provide any evidentiary basis for the search orders, nonetheless obtained them and proceeded to violate the sanctity of the Petitioner’s home without lawful justification.
“The judiciary is facing, an escalating attack from actors with ulterior motives, who appear determined to erode judicial independence. Disturbingly, state machinery appears to have been co-opted in this case to thwart the petitioner’s resolute and unimpeachable discharge of her judicial mandate,” Omari said.
Justice Chacha Mwita will issue directions on the matter on 17th March 2025.
