The High Court has temporarily halted the prosecution of Thika Magistrate Stella Atambo, granting an injunction that restrains the Director of Public Prosecutions (DPP) from proceeding with the graft case against her. The court’s decision follows a petition challenging the legality of the case, bringing to light broader concerns about judicial independence in Kenya.
Magistrate Atambo’s legal team, led by lawyers Shadrach Wamboi and Danstan Omari, argued that the reliefs sought in the High Court and the lower court are distinctly different, warranting the injunction. They emphasized that while the lower court proceedings focus on search warrants, the High Court is being asked to scrutinize the legal process that led to the charges against Atambo. “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,” Wamboi submitted before High Court Judge Chacha Mwita.
Furthermore, the defense highlighted that no formal complainants had come forward in the case, raising questions about the motivations behind the prosecution. The Kenya Magistrates and Judges Association (KMJA) has also weighed in, condemning what it describes as a growing pattern of intimidation and harassment of judicial officers. The association argues that these attacks expose judicial officers to public ridicule, psychological distress, and even the risk of mob justice.
KMJA, which represents over 800 judicial officers, has sought to be enjoined in the case, asserting that investigative agencies are misusing legal processes to criminalize judicial functions. The association also expressed concerns about the Ethics and Anti-Corruption Commission (EACC), accusing it of unfairly targeting judicial officers and planning further raids to weaken judicial independence.
The case has sparked a broader debate about the balance between accountability and judicial autonomy. Legal experts and stakeholders are closely monitoring the High Court’s final ruling, which could have significant implications for the judiciary and the rule of law in Kenya. As the legal battle unfolds, the decision will serve as a crucial test for the independence of the country’s judicial system.
