The Anti-Corruption Court in Milimani Wednesday dismissed an application that sought to bar the Ethics and Anti-Corruption Commission (EACC) from defending search warrants obtained against Thika Law Courts magistrate Stella Atambo.
This is in regard to a corruption investigation.
On March 13, 2025, the EACC executed a search at Atambo’s residence after receiving allegations of bribery and recovered Sh2.07 million in cash, suspected to be proceeds of corruption.
In response, Atambo, through her legal team, filed an application in court, seeking to have the search warrant set aside.
The defense argued that the warrant failed to disclose her full identity and was designed to mislead the court by omitting key information, including the potential negative impact on the independence of judicial officers.
During the hearing, Atambo’s lawyers attempted to bar the EACC from participating in the proceedings, contending that the Commission could only address the court through the Office of the Director of Public Prosecutions (DPP).
However, in his ruling, Chief Magistrate Harrison Barasa disagreed with this position.
He clarified that search warrants are investigative tools, not criminal proceedings, and that the EACC, as an independent investigative agency, has the right to defend its actions during the course of its investigations, including the issuance of search warrants.
Barasa further cited Section 35 of the Anti-Corruption and Economic Crimes Act (ACECA), which mandates the EACC to submit its investigation findings to the DPP once completed.
The court’s ruling paves the way for the hearing of the substantive application challenging the search warrants.
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