Thika chief magistrate Stella Atambo sues to block graft probe

Milimani Law Courts, Nairobi [Robert Tomno,Standard] Thika Law Court Chief Magistrate Stella Atambo has filed a case before the High Court seeking to block the Director of Prosecution from prosecuting her. Atambo is also seeking to bar the Directorate of Criminal Investigations and the Ethics and Anti-Corruption Commission (EACC) from prosecuting her using evidence seized from her home. The development comes hours after EACC said it had recovered Sh2 million in a laptop bag at her Syokimau home, suspected to be proceeds of crime. The commission said Atambo and her court assistant, Patrick Njeri, were escorted to record statements. "EACC wishes to confirm that it is conducting investigations against Hon. Stellah Atambo, Chief Magistrate, Thika Law Court, following numerous complaints alleging that she demands and receives bribes from accused persons in criminal matters before her," it claimed. Atambo, however, alleges that the search was an attempt to intimidate, harass and obstruct her in discharging her judicial mandate. She says the court order used for the raid contained a wrong name, calling it a deliberate move to avoid scrutiny. "This was not a mere abbreviation or clerical oversight; it was a deliberate choice, carefully designed to prevent scrutiny and ensure that neither the Court nor the Petitioner herself would immediately realize the true nature of the application," claimed Atambo. She further claimed that this was among the many attacks against the Judiciary. "The judiciary is facing an escalating attack from actors with ulterior motives, who appear determined to erode judicial independence," claimed Atambo's lawyers, Shadrack Wambui and Danstan Omari. Pointing out, "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." In her supporting affidavit, Atambo stated that she had been an advocate of the High Court for 24 years terming the EACC move as unconstitutional, unlawful, and oppressive. The magistrate argued that the search was an intrusion of privacy and an abuse of legal processes. She narrated that on March 12, EACC got an order from the Milimani Chief Magistrate's court to seize documentary evidence, electronic devices, unexplained sums of money, or any other necessary items to investigate alleged economic crimes. Atambo said the orders were obtained without her being given a chance to respond to the case adding that EACC raided her home at 6am the following day, using force and distressing her children. The magistrate denies ever being summoned, arrested, or linked to any misconduct and claims she is being targeted because of the cases she handles. "I have never been implicated in any misconduct that would justify such a drastic, humiliating, and unconstitutional invasion of my home," she said, adding, "I routinely preside over highly contentious, politically charged, and emotive cases, making me an obvious target for intimidation and undue influence." She also argued that the use of State machinery to intimidate judicial officers is allegedly an affront to Fearing arrest, she seeks to block the use of seized evidence and halt investigations.

Thika chief magistrate Stella Atambo sues to block graft probe

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Thika chief magistrate Stella Atambo sues to block graft probe

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