The High Court has extended interim orders barring the Director of Public Prosecutions (DPP) from investigating or prosecuting Chief Magistrate Stella Atambo of the Thika Law Courts, who is under scrutiny over alleged bribery claims.
Justice Chacha Mwita on Wednesday extended the orders until July 1, pending the hearing of an application by the Kenya Magistrates and Judges Association (KMJA), which seeks to join the case as an interested party.
“I will first hear the application by KMJA to be enjoined in this matter, and interim orders that are in place are extended to July 1,” ruled Justice Mwita.
The court further directed Magistrate Atambo to serve the Directorate of Criminal Investigations (DCI), the Ethics and Anti-Corruption Commission (EACC), and the Office of the Director of Public Prosecutions (ODPP) with her amended petition challenging the probe and intended prosecution.
The directive came after it emerged that the State agencies had not yet been formally served with the revised court documents.
Atambo, through her lawyers Shadrack Wamboi and Danstan Omari, is contesting the legality of the investigations, terming them unlawful and an abuse of process.
The defense argued that the High Court and lower court cases involve different legal questions — with the lower court handling issues around search warrants and the High Court tasked with reviewing the legal process and possible abuse of prosecutorial power.
“We plead with the court to consider granting the orders because the reliefs sought in the two courts are as different as day and night,” lawyer Wamboi told the court.
The DPP has been enjoined in the case due to his constitutional role in criminal prosecutions, while the defense maintains that no formal complaints have been filed against Magistrate Atambo.
Meanwhile, KMJA has strongly condemned what it termed a “coordinated attack on judicial officers,” warning that such actions threaten the independence of the judiciary.
The association cited growing incidents of harassment, intimidation, and public ridicule of judicial officers, saying this trend exposes judges and magistrates to psychological stress and potential mob justice.
KMJA is pushing to be included in the case, arguing that the legal system is being weaponized to undermine judicial independence and criminalize lawful decision-making by members of the bench.
The matter will resume in court on July 1 for further directions.
