EACC, DCI Blocked From Arresting Chief Magistrate Stellah Atambo

On Monday, March 17, the High Court issued conservatory orders preventing the arrest, detention, charging, or prosecution of Thika Chief Magistrate Stellah Atambo in relation to the search and materials seized from her home last week. 

While delivering the ruling, Milimani High Court Judge Chacha Mwita stated that the decision stemmed from orders issued in the miscellaneous criminal application number E377/2025 at the Chief Magistrate Court in Milimani.

The ruling bars the Office of the Director of Public Prosecutions (ODPP), the Directorate of Criminal Investigations (DCI), the Ethics and Anti-Corruption Commission (EACC), and their agents, as well as any individuals acting under their directives, from taking action against Atambo.

“I have pursued the material and the application placed before Milimani Anti-Corruption Chief Magistrate E377/2025. As read with Article 23, 165 of the constitution, which confers this court substantive jurisdiction,” Judge Chacha Mwita directed, adding “Looking at the result of this, I am persuaded and satisfied that the interim orders are merited at this stage."

Mwita further directed the respondents to submit and serve their responses to the petition within seven days.

Further, the petitioner will also have the same timeframe to file and serve a supplemental affidavit if necessary, along with a written submission addressing both the application and the petition.

Additionally, Mwita specified that all submissions from both the petitioner and respondents must not exceed 10 pages. Through her legal team, led by Shadrack Wambui, Magistrate Atambo petitioned High Court Judge Mwita to issue orders preventing her prosecution.

While presenting the case before Judge Mwita, Wambui argued that the High Court proceedings aimed to review and assess the constitutionality of the ongoing case in the magistrate’s court under miscellaneous criminal case number 377/2025.

“Even while the EACC has powers to conduct searches, it is the duty of this court to interrogate whether that exercise of power was done in accordance with or in violation of Article 50(4),” lawyer Wambui told the court.

He further explained that the proceedings in the lower court were intended to assist the EACC in conducting a search, which had been partially carried out before the lower court halted its execution.

Notably, Wambui pointed out that the identities of the petitioners in the lower court were never disclosed and that the case lacks any official complainants.

The High Court is set to provide further directions and issue additional orders on the matter on June 10, 2025. This comes after EACC raided Atambo's residence as part of an investigation into her conduct over allegations of bribery.

In a statement issued by EACC Chairperson Abdi Mohamud, the anti-graft agency confirmed that the probe was initiated following multiple complaints accusing the magistrate of soliciting and accepting bribes from individuals facing criminal charges in her court.

"EACC wishes to confirm that it is conducting investigations against Hon. Stellah Atambo, Chief Magistrate, Thika Law Courts, following numerous complaints alleging that she demands and receives bribes from accused persons in criminal matters before her," the statement read in part.

EACC claimed that on diverse dates, the Chief Magistrate received various amounts of money through a Clerk in her court, which was suspected to have been solicited from accused persons.

Armed with search warrants, officers from the anti-corruption body conducted searches at the residences of the Chief Magistrate and the Clerk to obtain relevant documents and information to support the investigations.

"A total of Ksh2,070,000 in cash, suspected to be proceeds of corruption, was recovered inside a laptop bag at the residence of Hon. Atambo among various documents relevant to the investigations," added EACC.