KMJA joins case challenging EACC search on Chief Magistrate Stella Atambo

The Kenya Magistrate and Judges Association (KMJA) has been granted leave to join the petition by Thika Chief Magistrate Stella Atambo challenging the legality of a search warrant issued to the Ethics and Anti-Corruption Commission (EACC) targeting her over corruption allegations.

The joining of KMJA had been opposed by the anti-graft commission as the association is for judges and magistrates and it would be in her favour.

A source at EACC intimated that Atambo appears to be using the strength of an association in her favour yet the crime allegedly committed touches on her as a person.

“The matter involves one person but she is using the strength of the association. She gets the value of KMJA being enjoined and not EACC,” the source stated.

The petition filed by the Thika chief magistrate challenges the search warrant with had been issued to EACC by a court  in relation to a corruption probe targeting the magistrate.

The petition arises from a search conducted by the EACC in March this year at the magistrate’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 said it recovered Sh2.07 million in cash, which it suspected to be proceeds of corruption.

In response, Atambo filed a petition 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 claims 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.

The commission added that 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.

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 filed an application seeking to transfer the case to the Anti-Corruption and Economic Crimes Division of the High Court.

The anti-graft authority argues 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 later in October.