The High Court has issued temporary orders to halt the Director of Public Prosecutions (DPP) from proceeding with the prosecution of Magistrate Stella Atambo.
The orders came after the court considered a petition challenging the legality of the graft case against her.
Thika magistrate Atambo, through her lawyers Shadrach Wamboi and Danstan Omari, argued that the relief 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” the court heard.
Wamboi argued that the lower court proceedings revolved around search warrants pointing out that no formal complaints had come forward in the matter.
The Kenya Magistrates and Judges Association (KMJA) condemned ‘coordinated attack on judicial officers’ cautioning that the independence of the judiciary is under threat.
Therefore, KMJA has sought to be enjoined in proceedings, claiming that investigative agencies are misusing legal processes to criminalize judicial functions.
KMJA further alleged that the Ethics and Anti-Corruption Commission (EACC) has unfairly targeted other judicial officers and is planning further raids, raising fear designed to weaken judicial independence.
