Magistrate Stella Atambo Sues EACC to Reclaim Phone Seized in Raid

EACC Headquarters
A section of the EACC headquarters, Integrity Centre in Nairobi County
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EACC

A magistrate stationed at the Thika Law Courts has alleged that court operations have stalled after the Ethics and Anti-graft Commission (EACC) confiscated her mobile phone.

Through her lawyers, Dunstan Omari and Shadrack Wambui, Chief Magistrate Stella Atambo has moved to court to compel the anti-graft commission to return the mobile phone and ensure swift court proceedings.

Atambo argued that the seizure of her phone has disrupted essential functions at the Thika Law Courts.

According to her lawyers' application, critical judicial processes, including contractor payments, case-related transactions, and refunds, have stalled, causing an increasing backlog.

A file photo of  Chief Magistrate Stella Atambo, during a court hearing
A file photo of Chief Magistrate Stella Atambo, during a court hearing
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Sensing the urgency of the matter, Anti-graft Chief Magistrate Harrison Baraza certified the application as urgent and scheduled it for a hearing on Monday.

On March 13, sleuths from the EACC launched an inquest into bribery allegations against the magistrate.

The officials from the anti-graft commission raided her residence and recovered Ksh2,070,000 in cash inside a laptop bag. 

This was after receiving numerous complaints against her, alleging that she was demanding bribes from accused persons.

“EACC wishes to confirm that it is conducting investigations against Stellah Atambo, Chief Magistrate, Thika Law Courts, following numerous complaints alleging that she demands and receives bribes from accused persons,” EACC stated.

Atambo, however, denied EACC's statements linking her to bribery and illicit financial dealings.  

She alleged that the money seized during the raid belonged to her husband and insisted that the commission should return the cash to its rightful owner.  

While her case is still undergoing investigations, the magistrate, who has served for years in the judiciary, maintained her innocence. The High Court also barred the Director of Public Prosecutions (DPP) from prosecuting Atambo over the case until a petition challenging the case’s legality is determined.

Following her case, the Kenya Magistrates and Judges Association (KMJA) condemned what it describes as a coordinated attack on judicial officers, warning that the independence of the judiciary was under threat.

The association condemned the rising instances of personal attacks, threats, and intimidation faced by judicial officers, highlighting that such behavior subjects them to public humiliation, emotional distress, and the danger of mob justice.

Judiciary
The Court of Appeal, Kenya, Feb 23, 2024.
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The Judiciary Kenya