The High Court on July 8, 2025 granted the Kenya Magistrates and Judges Association (KMJA) leave to join a petition filed by Thika Chief Magistrate Stella Atambo.
The petition challenges search warrants issued to the Ethics and Anti-Corruption Commission (EACC) in relation to a corruption probe targeting the magistrate.
The petition arose from a search conducted by the EACC on March 13, 2025 at Atambo’s residence. The operation followed multiple allegations that she solicited and received bribes from accused persons appearing before her court. During the search, the EACC recovered Sh2.07 million in cash, suspected to be proceeds of corruption.
In response, Atambo filed a petition dated March 17, 2025, seeking to quash the search warrant. She argued that the warrant was defective as it failed to properly identify her and deliberately omitted material information, thereby misleading the court.
She further claimed that the warrant undermines judicial independence.
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, 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, stating 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.
On March 18, 2025, Justice Chacha Mwita issued interim orders suspending further investigations and enforcement action against Atambo, pending the hearing and determination of the petition.
Meanwhile, the EACC has filed an application seeking to transfer the case to the Anti-Corruption and Economic Crimes Division of the High Court.
The Commission argued that the matter arises directly from a corruption investigation, which falls squarely within the jurisdiction of the Anti-Corruption Division. The application is scheduled for hearing on October 8, 2025.
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