The Kenya Magistrates and Judges Association (KMJA) has accused the Ethics and Anti-Corruption Commission (EACC) of maliciously targeting and harassing its members following an alleged illegal raid on the home of Thika Chief Magistrate Stella Atambo last week.
In an application filed in court, KMJA seeks to join the case filed by Atambo challenging the raid and the manner in which the search warrant was obtained.
In an affidavit sworn by Executive Director D. Sepu, the association argues that it has a vested interest in the matter as it aims to protect the rights of judicial officers who may be adversely affected by the actions of investigative agencies.
KMJA contends that failure to join the proceedings would significantly prejudice the association, as EACC’s actions against judicial officers undermine judicial independence, cause emotional and psychological distress, and expose its members to public ridicule and humiliation.
The association has condemned the manner in which the search warrant was obtained, alleging that crucial details such as the true identity of the magistrate were deliberately concealed.
Sepu further claims that the order was issued by a magistrate who is a close acquaintance of Atambo and has since faced ridicule and cyberbullying for issuing it. He argues that this magistrate is now exposed to scrutiny for failing to recuse himself from a case involving a party he was familiar with.
“The practice of concealing the true identity of the subject of litigation is likely to expose many more judicial officers to ridicule, psychological torture, and potential disciplinary action,” the court filing states.
KMJA asserts that it has received information suggesting that EACC is targeting additional judicial officers and may conduct similar raids on their homes, as allegedly happened to Atambo.
“It is now clear that the judiciary is under attack from quarters uncomfortable with an independent and functional justice system. These forces are resorting to personal attacks on its members to instill fear and undermine their work,” Sepu said.
KMJA argues that its participation in the case will assist in resolving issues related to the issuance of ex parte orders, the concealment of identities in court applications, and the responsibilities of judicial officers in handling such cases.
Additionally, the association seeks to address concerns regarding the admissibility of evidence obtained through concealed information, the potential manipulation of judicial officers, and the exposure of the judiciary to public scrutiny and embarrassment. It also wants clarity on the Judicial Service Commission’s role in investigating allegations of corruption against judicial officers.
Sepu notes that KMJA represents over 800 members and believes its involvement will help resolve these issues collectively, preventing a situation where multiple individual lawsuits arise as members seek protection against what they claim is the criminalization of judicial duties, intimidation, and abuse of the criminal justice system.
