Thika Chief Magistrate Stella Atambo has received a reprieve after the High Court on Monday March 17, 2025 issued temporary orders halting the Director of Public Prosecutions (DPP) from continuing with her prosecution.
This decision follows a petition challenging the legality of the investigations against her, as well as the manner in which the search warrant was obtained.
Atambo, through her lawyers Shadrack Wamboi, Danstan Omari, Matina Swiga, Samson Nyaberi, and Cliff Ombeta urged the court to issue restraining orders the DPP, DCI and EACC from further investigating her over bribery allegations.
The lawyers also sought orders barring the state from prosecuting her based on the material evidence recovered from search conducted in her Machakos based home.
The defenses lawyers informed the judge that the reliefs sought in the two cases in the Chief Magistrate courts and the High court were distinct and should be considered separately.
“We plead with the court to consider granting the orders because the reliefs sought in the two cases are as different as day and night,” Wambui stated in his submission.
The defense lawyers also informed the court that the DPP had been enjoined in the High Court case due to his prosecutorial mandate.
Wambui further emphasized that while the lower court proceedings focused on the search warrants, the High Court case aimed to review and scrutinize the legal process involved in the magistrate’s case.
Additionally, the defense pointed out that no formal complainants had come forward in the matter.
In his ruling, Justice Chacha Mwita granted the application and issued orders to stop Atambo’s arrest, investigation , detaining and prosecution, pending a hearing of her case on June 10,2024.
Atambo is being investigated in relation to the discovery of Sh 2 million found in her home in Syokimau, Machakos County.
The EACC alleges that the money recovered in a laptop bag are proceeds of crime.
