The High Court on July 8, 2025, granted the Kenya Magistrates and Judges Association (KMJA) permission to participate in a petition filed by Thika Chief Magistrate Stella Atambo, who is challenging search warrants issued to the Ethics and Anti-Corruption Commission (EACC) in connection with a corruption investigation against her.
The controversial petition stems from a raid conducted by EACC officers on March 13, 2025, at Atambo’s residence, following multiple allegations that she had solicited and received bribes from accused persons appearing before her court. During the search, detectives recovered Ksh 2.07 million in cash, which they suspect to be proceeds of corruption.
In her petition dated March 17, 2025, Atambo seeks to nullify the search warrant, arguing that it was defective and constitutionally flawed. She claims that the warrant failed to correctly identify her and intentionally excluded critical details that misled the issuing court. Atambo has further argued that the warrant was issued in a manner that violates judicial independence and the protections accorded to judicial officers.
The EACC, however, has defended the legality of the warrant, insisting that it was granted based on credible evidence supplied by the investigating officer and not influenced by the identity of the subject. The Commission also stated that the deliberate redaction of Atambo’s name from the application was necessary to avoid tipping off the suspect, given her high-profile status in the Judiciary.
“If the identity of the Magistrate had been revealed, the investigation risked being compromised by the potential destruction or concealment of key evidence,” the Commission argued in its filings.
On March 18, Justice Chacha Mwita issued interim orders suspending all further investigations and enforcement action against Magistrate Atambo, pending a full hearing and determination of the constitutional issues raised.
The EACC has since filed an application to have the petition transferred to the Anti-Corruption and Economic Crimes Division of the High Court, arguing that the case squarely falls within that court’s mandate. The transfer application is set for hearing on October 7, 2025.
The Kenya Magistrates and Judges Association, in joining the petition, is expected to provide legal backing to Atambo’s claims regarding judicial independence and procedural irregularities in the execution of the warrant.
The outcome of the case is likely to set a significant precedent on how judicial officers under investigation are treated and the balance between combating corruption and safeguarding institutional independence.
