Milimani Anti-Corruption Court Magistrate has stayed a search warrant against Thika Law Courts Chief Magistrate Stella Atambo pending the hearing of an application challenging the legality of the said warrant.
The new development comes after Principal Magistrate Ondieki ruled that EACC erred in Law and fact by failing to make a full and frank disclosure of material facts in applying for a search warrant against the Thika Law Courts Chief Magistrate.
The Court faulted the manner in which the EACC concealed the name of the Magistrate allegedly under investigation when they first approached the court applying for the search warrants.
“Until this morning, evidence of the true identity of the subject of the search order was not available to this court.” ruled Magistrate Ondieki.
The Magistrate also recused himself from hearing and determining the application saying that Chief Magistrate Atambo and her husband have been and remain close personal friends to him spanning for a period of approximately 17 years.
The Court directed that the file be placed before the head of station Milimani Anti-Corruption Court division on March 17, 2025, to be allocated to another Magistrate.
In the case, the Ethics and Anti-Corruption Commission on Thursday said it had received numerous complaints against Chief Magistrate Stella Atambo, upon which it conducted a raid on her residence and recovered Ksh.2,070,000 in cash stashed in a laptop bag.
The commission added that the money is suspected to be proceeds of corruption.
However, Magistrate Atambo has refuted the claims, stating that the money belongs to her husband and insisting that the commission should return the cash to its rightful owner.
