The High Court has issued orders stopping the prosecution of the Thika Chief Magistrate accused of engaging in corruption.
In yet another twist in the case, the High Court made the decision after considering a petition by the magistrate's lawyers challenging the legality of the corruption case against her.
The magistrate's lawyers, led by Danstan Omari and Shadrach Wamboi, sought an injunction arguing that the two cases against the magistrate are fundamentally distinct.
"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 told High Court Judge Chacha Mwita.
The lawyers further argued that proceedings in the lower court revolved around an EACC's search warrant - whose legal process is also being questioned.
On Thursday, March 14, a raid by officers from the Ethics and Anti Corruption Commission (EACC) on the magistrate's home on March 13 led to the seizure of KSh2 million. The cash was believed to be the proceeds of corruption.
The anti-graft body also said on Thursday that it received numerous complaints about the magistrate, which prompted the raid and subsequent recovery of the money.
However, the magistrate's team pointed out that no formal complaints had come forward in the matter despite EACC's earlier statement.
Following the raid, the Kenya Magistrates and Judges Association (KMJA) issued a statement condemning what it described as a coordinated attack on judicial officers.
The body, which represents over 800 judicial officers, claims the raid on the Chief magistrate threatened the independence of the judiciary.
A day after being arraigned, the magistrate denied claims that the money was proceeds of corruption, instead insisting it belonged to her husband.
The magistrate's case has had several curious twists, including the withdrawal of Magistrate Charles Ondieki, who recused himself from handling the case on grounds that he has a personal relationship with the suspect and her husband.
