A Milimani Anti-Corruption Court magistrate has recused himself from hearing a case against Thika Chief Magistrate Stellah Atambo citing a long-standing personal and family friendship with the accused.
In a ruling delivered on Friday, Principal Magistrate Charles Ondieki stated that until the morning of the hearing, the true identity of the subject of the search order had not been available to the court.
Ondieki noted that after confirming Atambo’s identity through her advocate he deemed it necessary to recuse himself from the case.
He explained that Atambo and her husband had been close personal and family friends for about 17 years since 2008, making it unethical to hear the case under the Judicial Officers’ Code of Conduct and Ethics.
“For reasons to be apparent hereinafter, I find it necessary to state that I will not hear and determine the matter or any related applications,” Ondieki ruled.
The Ethics and Anti-Corruption Commission (EACC) launched a probe into Atambo after a search at her residence led to the discovery of Ksh2,070,000 in cash stashed inside a laptop bag.
Atambo, who is under investigation for alleged bribery, was not present in court but was represented by her legal team led by senior counsel John Khaminwa.
She is expected to appear in court on Monday where she seeks to cross-examine the investigator who conducted the search.
