Thika Chief Magistrate Stella Atambo received a reprieve after the High Court imposed temporary injunction prohibiting the Director of Public Prosecutions (DPP) from proceeding with her prosecution.
The ruling came in response to a petition contesting the legitimacy of the case against her as well as the way in which the search warrant was obtained.
Atambo, represented by Shadrach Wamboi and Danstan Omari, urged the court to grant the injunction, stating that the reliefs sought in the two lawsuits are distinctive and should be considered independently.
“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 stated.
The court was informed that the DPP had been enjoined in the High Court case due to his prosecutorial mandate. Wamboi further argued that while the lower court proceedings focused on search warrants, the High Court was being asked to review and scrutinize the legal process in the magistrate’s case.
Additionally, the defense noted that no formal complainants had come forward in the matter.
Justice Chacha Mwita allowed the application and issued orders stopping Atambo’s prosecution pending a hearing on her petition.
