The EACC has faced criticism over its handling of the arrest and investigation into Thika Chief Magistrate Stella Atambo.
The defence lawyers of Atambo have raised serious concerns over EACC’s conduct, accusing the agency of undermining judicial independence and violating proper legal procedures.
During a court session on Friday March 14,2025 , lawyers Danstan Omari, Dr. John Khaminwa, Sam Nyaberi, Mwenda Njagi, Shadrach Wambui, and Cliff Ombeta took issue with the EACC’s actions.
Led by lawyer Omari, they specifically objected to the agency’s decision to privately file for a search warrant, to be allowed to conduct a raid at the home of Magistrate Atambo, without the involvement of the Director of Public Prosecutions (DPP), as required by law.
“Any investigative agency, including EACC, should exercise prosecutorial and investigative self-restraint,” said Njagi
“The law clearly outlines the role of the DPP in prosecution matters, and it is concerning to see an agency like EACC circumvent this process.”
The EACC had sought a warrant to search Atambo’s residence as part of an investigation into alleged bribery and corruption.
The commission claimed that it had uncovered Ksh 2 million at Atambo’s home, which it alleged was a proceed of crime.
However, the lawyers contested this move, arguing that the commission had failed to disclose all relevant material facts when applying for the search warrant.
“The EACC’s failure to disclose key facts is a direct violation of the law,” said Dr Khaminwa.
“Non-disclosure of material facts is a serious offense and directly undermines the fairness of the investigation.”
The legal team further asserted that the involvement of the DPP in such matters was not optional but constitutionally mandated under Article 157 of the Constitution of Kenya.
They argued that the EACC acted beyond its mandate by initiating a search and potential prosecution without consulting the DPP, thereby breaching the separation of powers.
“We will be writing to the Director of Criminal Investigations to look into the conduct of EACC officers,” said lawyer Wambui.
“This is an unacceptable level of overreach, and we cannot allow the judicial system to be dragged into such unfounded corruption claims.”
In response to the lawyers’ accusations, Principal Magistrate Charles Ondieki, who was initially handling the case, also disqualified himself from continuing with the matter.
He explained that he had been a close friend of Atambo and her husband, Evans Achoki, for nearly two decades, and this personal connection made it impossible for him to hear the case impartially.
In his ruling, Ondieki also revealed that he had not been made aware of the identity of the person subject to the search when he initially granted the order.
“Today, having confirmed the true identity of the respondent in the original application, I find it instructive to state that I will not hear and determine the main prayer of this application,” said Ondieki.
“I have been personally acquainted with Atambo and her husband for approximately 17 years, and in light of that, it is clear that I should not have handled the application in the first place.”
Ondieki also criticized the EACC for withholding the identity of the subject of the search, calling it a serious oversight.
He stressed the importance of full and frank disclosure of material facts in judicial proceedings, as required by the law.
“The EACC’s failure to disclose the full identity of the person being investigated compromised the integrity of the entire process,” he added.
The magistrate also expressed concern that such actions could undermine public trust in the judicial system.
He warned that future applications that do not provide full disclosure of relevant facts would not be entertained in his court.
“Although there has been a long-standing practice in this court of withholding certain information to prevent sabotage, this cannot be allowed to extend to judicial proceedings,” Ondieki stated.
“The court must operate on the principle of full disclosure to ensure fair and impartial decisions.”
Following the dramatic turn of events, the Anti-Corruption Court issued a stay order, halting any further action against Magistrate Atambo.
The case will be mentioned on Monday March 17,2025 before Anti-corruption Chief Magistrate further directions.
