A magistrate who issued orders for search warrants on Chief Magistrate Stella Atambo home has recused himself from the matter saying they have been family friends for over 17 years.
At the time he gave the orders he didn’t know that they were against his friend Atambo because they used initials and ID no.
Magistrate Charles Ondieki in a ruling said the EACC erred in law by not disclosing Atambos full names when they made the application so that he would have recused himself from the get go.
Earlier, he put EACC to task to explain why they failed to disclose the full name of Chief Magistrate Stella Atambo when they sought search warrants for her residence.
Instead of using her full name, the agency identified her as “Bonareri N” in the court documents, a move that has sparked debate over transparency in legal proceedings.
In its defense, the EACC said that the identification provided was legally sufficient.
“We submitted the name Bonareri N along with her identification details, which are valid means of recognizing an individual,” the commission told the court.
The agency further justified the use of initials as a precautionary measure to safeguard the investigation. “Maintaining discretion is crucial in corruption probes to prevent potential interference,” the EACC stated.
This led the magistrate to question whether they were implying that he would compromise the case as the judicial officer.
However, the omission has drawn criticism from the magistrate legal experts, who question whether withholding full names in such applications undermines due process.
Lawyer Danstan Omari for Atambo argues that transparency is a fundamental principle in legal matters, and failure to disclose full details could set a concerning precedent in future cases.
