Thika Chief Magistrate Stella Atambo received a reprieve on Monday after the High Court issued temporary orders stopping the Director of Public Prosecutions (DPP) from proceeding with her prosecution.
The decision follows a petition challenging the legality of the case against her and the manner in which the search warrant was obtained.
Through her lawyers, Shadrach Wamboi and Danstan Omari, Atambo urged the court to grant the injunction, arguing that the reliefs sought in the two cases are distinct and should be considered separately.
“We plead with the court to consider granting the orders because the reliefs sought in the two courts are as different as day and night,” Wamboi stated.
The court was informed that the DPP had been enjoined in the High Court case due to his prosecutorial mandate. Wamboi further argued that while the lower court proceedings focused on search warrants, the High Court was being asked to review and scrutinize the legal process in the magistrate’s case.
Additionally, the defense noted that no formal complainants had come forward in the matter.
Justice Chacha Mwita allowed the application and issued orders stopping Atambo’s prosecution pending a hearing on her case.
