High Court extends orders halting arrest, prosecution of Magistrate Stellah Atambo

Justice Chacha Mwita issued the extension during a court session at the Milimani Law Courts, where the matter came up for the hearing of an application by the Kenya Magistrates and Judges Association (KMJA) seeking to join the case.

The court allowed KMJA’s application, formally enjoining the association as an interested party in the petition. KMJA had argued that the case raised serious constitutional and institutional concerns affecting the independence of the Judiciary and the safety of its members.

Atambo has sued the Office of the Director of Public Prosecutions (ODPP), the Directorate of Criminal Investigations (DCI), and the Ethics and Anti-Corruption Commission (EACC), contesting what she terms as an unlawful and politically motivated prosecution.

Justice Mwita further directed that Atambo responds to an application filed by EACC within 14 days. After her response, the respondents and interested parties will each have 14 days to file their written submissions—capped at five pages. The petitioner will then have an additional 14 days to file a rejoinder.

The case has been scheduled for highlighting of submissions on October 7, 2025.

Until then, the interim orders stopping any arrest or prosecution of the magistrate remain in force, shielding her from further action by state agencies as the case unfolds.