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Post Reply: EACC Seeks Transfer of Thika Magistrate Stella Atambo's Case to Anti-Corruption Court

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on July 11, 2025, 7:00 am</div><div id="pl-6922"  class="panel-layout" ><div id="pg-6922-0"  class="panel-grid panel-no-style" ><div id="pgc-6922-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-6922-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
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	<p dir="ltr" data-pm-slice="0 0 []">The Ethics and Anti-Corruption Commission (EACC) has formally requested the transfer of a high-profile case involving Thika Chief Magistrate Stella Atambo to the Anti-Corruption and Economic Crimes Division of the High Court. This development marks a significant escalation in the ongoing legal battle surrounding allegations of bribery and corruption against the magistrate, raising questions about judicial independence and the integrity of investigative processes in Kenya.</p>
<p dir="ltr">The case stems from a March 2025 investigation by the EACC, prompted by multiple complaints alleging that Atambo demanded and received bribes from individuals involved in criminal cases at Thika Law Courts. Acting on these allegations, the EACC obtained search warrants and conducted raids on Atambo's residence in Syokimau, Machakos County, and that of her court clerk, Patrick Njeri Muriithi. During the search, authorities recovered Ksh 2.07 million in cash, found inside a laptop bag at Atambo's home, which the EACC claims is suspected to be proceeds of corruption. Various documents relevant to the investigation were also seized.</p>
<p dir="ltr">Atambo has vehemently denied the allegations, asserting that the money belongs to her husband, Evans Achoki, and has demanded its immediate return. She argues that the EACC's actions constitute an attack on judicial independence, accusing the agency of using state machinery to intimidate and harass her in her role as a magistrate handling contentious cases.</p>
<p dir="ltr">In its latest move, the EACC filed an application to transfer Atambo's case from the High Court to the specialized Anti-Corruption and Economic Crimes Division. The commission contends that the allegations against Atambo, centered on a corruption investigation, fall directly under the jurisdiction of the Anti-Corruption Division, which is equipped to handle such matters with expertise. The EACC argues that transferring the case would ensure a fair and focused adjudication process, given the specialized nature of the court.</p>
<p dir="ltr">The application comes amidst a complex legal battle. Atambo, through her legal team led by prominent advocates Danstan Omari, Shadrack Wambui, and John Khaminwa, has challenged the legitimacy of the EACC's investigation. She filed a petition on March 17, 2025, seeking to quash the search warrant, arguing it was defective for misrepresenting her identity by using her initials, "Bonareri N," instead of her full name. Atambo claims this omission was deliberate, intended to mislead the court and conceal her judicial position, thereby undermining the integrity of the warrant.</p>
<p dir="ltr">On March 18, 2025, High Court Judge Chacha Mwita issued interim orders suspending further investigations and enforcement actions against Atambo, pending the hearing of her petition. These orders also barred the Director of Public Prosecutions (DPP), the Directorate of Criminal Investigations (DCI), and the EACC from arresting, detaining, or prosecuting Atambo based on materials seized during the raid. The High Court extended these orders on July 1, 2025, with a mention scheduled for June 10, 2025, to determine the petition's outcome.</p>
<p dir="ltr">Additionally, Atambo has sought the return of her official iPhone 14, confiscated during the EACC's raid, which she claims has disrupted critical judicial operations at Thika Law Courts. Her lawyers argue that the phone, used for approving payments and managing court functions, was seized unlawfully despite the existing court order. The Anti-Corruption Court, under Chief Magistrate Harrison Baraza, certified this application as urgent, scheduling a hearing for March 24, 2025.</p>
<p dir="ltr">The Kenya Magistrates and Judges Association (KMJA) has joined the fray, seeking to be enjoined in Atambo's petition as an interested party. On July 9, 2025, Justice Mwita granted KMJA's application, recognizing the association's stake in defending judicial independence. KMJA argues that the EACC's actions represent a broader pattern of misuse of legal processes to criminalize judicial functions, fostering a climate of fear among judicial officers. The association contends that such investigations risk undermining the judiciary's autonomy, particularly when targeting magistrates handling politically sensitive cases.</p>
<p dir="ltr">The court has directed Atambo to file a response to the EACC's transfer application within 14 days, with all parties required to submit written submissions limited to five pages. The case is set for the highlighting of submissions on October 7, 2025, a date that could prove pivotal in determining the trajectory of this legal battle.</p>
<p dir="ltr">The case has also raised concerns about transparency in judicial processes. Principal Magistrate Charles Ondieki, who initially granted the EACC's search warrant, recused himself on March 14, 2025, after learning that the target was Atambo, a close personal friend of 17 years. Ondieki criticized the EACC for withholding Atambo's identity in the application, using only her initials, which he argued compromised the judicial process. He emphasized that full disclosure of material facts is essential for informed decision-making and stated that he would have recused himself earlier had the EACC been transparent.</p>
<p dir="ltr">Ondieki's recusal underscored broader issues of procedural fairness, with the magistrate warning that future applications lacking full disclosure would not be entertained. This development has fueled Atambo's argument that the EACC's tactics were designed to obscure her identity and mislead the court, further questioning the validity of the investigation.</p>
<p dir="ltr">Atambo's case has sparked a broader debate about the balance between anti-corruption efforts and the protection of judicial independence. Her legal team has accused the EACC of overstepping its mandate, arguing that the agency’s actions are part of a calculated effort to tarnish her reputation and intimidate judicial officers. They have even threatened to file a petition to disband the EACC, claiming that its leadership has failed to adhere to its constitutional mandate.</p>
<p dir="ltr">The KMJA's involvement amplifies these concerns, framing the case as a test of the judiciary's ability to operate free from external pressures. The association's participation signals a collective pushback against what it perceives as an overreach by investigative agencies, particularly in cases involving judicial officers.</p>
<p dir="ltr">As the legal proceedings unfold, all eyes are on the High Court's handling of both Atambo's petition and the EACC's transfer application. The October 7, 2025, hearing will be a critical juncture, potentially shaping the course of the case and its implications for Kenya's judicial and anti-corruption frameworks. Atambo's challenge to the EACC's actions, coupled with the KMJA's support, underscores the tension between combating corruption and safeguarding the judiciary's autonomy.</p>
<p dir="ltr">The outcome of this case could set a precedent for how corruption allegations against judicial officers are investigated and prosecuted, with far-reaching consequences for public trust in both the judiciary and anti-corruption institutions in Kenya.</p>
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