Nairobi — The High Court has barred the Director of Public Prosecutions (DPP) from prosecuting Thika Magistrate Stella Atambo over corruption until a petition challenging the case's legality is determined.
Through her lawyers Shadrack Wamboi and Dantan Omari, she urged the court to grant the injunction, arguing that the reliefs sought in the two cases--one in the High Court and another in the lower court--are fundamentally different.
"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.
Her lawyers indicated that the DPP had been enjoined in the High Court case, given his prosecutorial mandate.
Wamboi further argued that the lower court proceedings revolved around search warrants, while the High Court was being asked to review and scrutinize the legal process undertaken in the magistrate's case.
Additionally, the defense pointed out that no formal complainants had come forward in the matter.
Meanwhile, the Kenya Magistrates and Judges Association (KMJA) has condemned what it describes as a coordinated attack on judicial officers, warning that the independence of the judiciary is under threat.
The association decried the increasing personal attacks, intimidation, and harassment of judicial officers, stating that such actions expose them to public ridicule, psychological distress, and the risk of mob justice.
KMJA has sought to be enjoined in the proceedings, asserting that investigative agencies are misusing legal processes to criminalize judicial functions.
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Representing over 800 judicial officers, the association argues that its involvement is crucial to addressing issues such as ex-parte orders, identity concealment in litigation, and the misuse of evidence obtained through deceptive means.
The association has highlighted Magistrate Atambo's case, stating that she has been subjected to cyberbullying and potential disciplinary action due to an order issued in connection with a close associate.
KMJA further alleged that the Ethics and Anti-Corruption Commission (EACC) has unfairly targeted other judicial officers and is planning further raids, fostering a climate of fear designed to weaken judicial independence.
As the case unfolds, the High Court's ruling on the substantive issues raised will be closely watched, with potential implications for both the judiciary and the broader legal landscape in Kenya.
