The High Court has issued an order blocking investigative agencies from arresting and prosecuting Thika Chief Magistrate Stella Atambo over alleged economic crimes.
Justice Chacha Mwita said the EACC and the DPP shall not arrest and subsequently prosecute Atambo in connection with matters arising from a search they conducted in her premises in March this year.
"There is indeed a question of the identity of the person sued in the criminal case. I'm therefore satisfied that interim orders are merited at this stage," the Judge said.
The orders the judges said will remain in force until June 10 when parties are expected back in court for further directions.
In the meantime, the respondents are to file and serve their responses to the application and petition before court. Atambo moved to the High Court to challenge her imminent arrest and prosecution.
This was after the EACC obtained warrants before a Magistrates court to search her premises And seize documents in relation to investigations they are conducting against her.
The order allowing the search referred to Atambo as 'Bonareri N' and not her full names.
The Magistrate through Advocate Danstan Omari and Shaddrack Wambui said there was serious material nondisclosure by the EACC during the probe.
They argued that the decision to identify her as "Bonareri N" was intentionally chosen to obscure her identity.
"The inclusion of N appears entirely contrived, reinforcing the conclusion that this was a calculated effort to conceal her true identity," her documents read in part.
Atambo in her court papers claims that the recent search and seizure were deliberately orchestrated either as retribution or as an attempt to stifle her fearless and unwavering commitment to dispensing justice.
"The question therefore is whether an order allowing the search and obtained under such questionable circumstances can stand," her advocates said.
Those sued in the case are the EACC, DPP, and the Attorney General.
