The High Court has once again protected Thika Chief Magistrate Stellah Atambo from arrest or prosecution until her case is fully heard and decided. This decision came during a court session held at the Milimani Law Courts, where Justice Chacha Mwita gave fresh orders to extend the protection.
The case revolves around a constitutional petition filed by Magistrate Atambo, who believes that the criminal proceedings brought against her are not only illegal but also politically motivated.
She has taken legal action against the Office of the Director of Public Prosecutions, the Directorate of Criminal Investigations, and the Ethics and Anti-Corruption Commission.
The Kenya Magistrates and Judges Association also joined the case after filing an application to be involved as an interested party. The court allowed their request, noting that the issues raised were of great concern to the Judiciary’s independence and the general safety of its officers.
KMJA argued that this is not just a personal matter but something that touches on the entire justice system, and if not handled properly, it could open doors to future attacks on other judges and magistrates. The association’s involvement is expected to bring a broader view into the case, especially in defending the rights and freedom of judicial officers.
In his ruling, Justice Mwita asked Magistrate Atambo to file her response to a specific application by the Ethics and Anti-Corruption Commission within 14 days.
After that, the other parties in the case will also be given 14 days each to submit their written arguments, which must not exceed five pages. Once they have all submitted, the magistrate will have another 14 days to reply to the points raised by the other sides.
The court will then listen to the final submissions on October 7, 2025, when all parties will be allowed to explain their written arguments in detail.
Meanwhile, Stellah Atambo remains protected by the court from any arrest or legal action by the agencies she has sued. These orders will stay in place until the court makes a final decision. The case continues to attract attention because it could set a major precedent on how the independence of the Judiciary is respected or challenged by state institutions in Kenya.
