Court to rule on EACC's role in Magistrate Stella Atambo's case

Atambo, who has served in the Judiciary for years, faces graft allegations with multiple complaints citing that she demanded bribes in exchange for favourable rulings. She, however, refuted the claims. 

During today’s proceedings, the EACC told the Anti-Corruption Magistrate’s Court that it has the legal mandate to be heard in the matter.  

The commission’s lawyer submitted that the commission is empowered by law to investigate corruption cases and seek necessary orders, including search warrants.  

"Our mandate is provided by law, empowering us to investigate corruption cases and seek necessary orders, including warrants. It is on this basis that we obtained the warrants in question," the court was told.  

The court heard that applications filed by Achoki and the Kenya Judges and Magistrates Association (KMJA) should be addressed first, as they lack legal standing in the matter.  

"They lack the locus standi to challenge EACC’s actions, yet they have moved to undo valid court orders," the commission's lawyer submitted.  

The EACC further argued that, as investigators, they have the right to approach the court without prior involvement of the Office of the Director of Public Prosecutions (ODPP). 

They pointed out the prosecutor has no role at this stage since investigations are still ongoing.

"To deny EACC an audience would be to interfere with our statutory functions. We urge the court to allow us to proceed with our mandate," the court heard.  

However, defense lawyers led by Danstan Omari, Cliff Ombeta, Sam Nyaber, and Shadrack, alongside representatives of the Kenya Judges and Magistrates Association, have filed an application seeking to bar EACC lawyers from addressing the court, arguing that they are not mandated to do so without the DPP’s involvement.  

Omari told the court that the EACC has no audience in the matter, stating that the commission can only make an application, which the DPP must then argue.

After obtaining the search warrant for the magistrate's house, the Commission recovered Ksh.2 million inside a laptop bag, suspected to be proceeds of crime.

In her defence, Atambo claimed that the money belonged to her husband and now seeks to recover the funds.