The High Court will today hear a case filed by Thika chief magistrate Stella Atambo in which she is seeking to stop investigative agencies from arresting and prosecuting her over alleged economic crimes.
The Ethics and Anti-corruption Commission last week obtained warrants 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' instead of her full name.
Through advocate Danstan Omari, the magistrate says 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," reads her documents in part.
She 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," she says.
Justice Mwita last week directed the magistrate to serve her documents to the respondents ahead of today’s hearing.
The matter was filed under certificate of urgency.
Elsewhere, the Anti-Corruption Court will also be hearing another case filed under certificate of urgency in which former Kiambu Governor Ferdinand Waititu is seeking a review of a ruling that denied him bail in his appeal following his conviction in graft charges.
Justice Lucy Njuguna had on March 3 dismissed an application by Waititu to be released on bond pending hearing and determination of his appeal.
The judge said Waititu had not convinced the court that his appeal had high chances of success.
She also did not agree with Waititu that he ought to be released on bond owing to his ill health.
"It is my finding that the applicants have not met the conditions for bail. The applications are hereby dismissed," Justice Njuguna ruled. The application for review is set to be heard by the same judge today.
