Magistrate Stella Atambo wants EACC ordered to return phone seized during raid

Thika Law Courts Chief Magistrate Stella Atambo has moved to court seeking to compel the Ethics and Anti-Corruption Commission (EACC) to release her official phone, which was confiscated in what she describes as an unlawful action that has crippled the court’s operations.

In an urgent application filed through her lawyers, Danstan Omari and Shadrack Wambui, Atambo argues that the seizure of her phone has disrupted essential functions at the Thika Law Courts.

According to the application, critical judicial processes, including contractor payments, case-related transactions, and refunds, have stalled, causing an increasing backlog.

On Friday, Anti-Corruption Chief Magistrate Harrison Baraza certified the application as urgent and scheduled it for a hearing on Monday.

Atambo contends that the EACC confiscated the phone despite an existing court order barring any adverse actions against her.

She further claims that the device was neither recorded in the inventory of seized items nor legally justified, making its confiscation unlawful.

Court documents describe post-order seizures as an abuse of power that undermines judicial authority.

“As Chief Magistrate and Head of Station, the applicant is unable to fulfill core duties, including responding to Ombudsman complaints and overseeing court operations. This interference in the administration of justice threatens the judiciary’s integrity,” read court documents.

The continued withholding of the phone has allegedly led to a breakdown in essential court services, affecting litigants, contractors, and judicial proceedings.

Lawyer Omari asserts that EACC officials, despite being aware of the court order and objections raised by Atambo’s legal team, forcibly took the phone and have refused to return it.

Furthermore, the lawyers claim that the device was deliberately left out of the inventory of seized items, raising concerns about the legality of the confiscation.

“The omission appears intentional, aimed at concealing the illegality of the seizure and evading judicial scrutiny. The inventory itself was never signed, reinforcing the claim that the phone was taken arbitrarily and without due process,” argues Omari.

Atambo also highlights that the court’s financial transactions, including contractor payments and bail refunds, require approval via a one-time password (OTP) sent to her registered phone number. She says the lack of access to the phone has disrupted these processes, leaving court users and service providers in limbo.

“The station now faces potential liability for breach of contract, and litigants awaiting refunds are suffering undue prejudice. The administration of the court has been paralyzed,” the application states.

The matter will be heard on Monday as Atambo seeks judicial intervention to compel EACC to return the confiscated phone and restore normal operations at Thika Law Courts.