LAWYERS ATTACK EACC FOR ARRESTING A JUDICIAL OFFICER .
The Ethics and Anti -Corruption Commission has come under serious attack from a cross-section of lawyers for subjecting a judicial officer into corruption allegations.
lawyer Danstan Omari ,John Khaminwa and Peter Njagi also insisted on observation of rule of law while investigations are being conducted..
lawyer Danstan Omari and lawyer Peter Njagi..
Together the lawyers told the court that the officers, after searching the judicial officers’ house , took away Kenya shillings 2 million, which they claim is a proceed of crime.
The lawyers told principal magistrate Charles Ondieki that the action by the EACC officials to file an application without the involvement of the DPP is unconditional.
They said that it is only the DPP who is empowered under article 157 of the constitution to undertake all prosecution matters.
Lawyer Peter Njagi who is also among magistrate Atambo lawyers said if invesugators allow Kenyans to loose confidence with judicial system,the country might go to the dogs.
“A judicial officer is the ‘caesr’s wife beyond reproach’ rule of law and any investigative officer should restrain himself and only excercise what is within their mandate as per the law,”he added.
He said that the said magistrate is a judicial officer whonhas built her carrear through pain and blood.
Njagi added that when the investigation entities are trying to show what they can do,the effect should also be balanced with the cause and pain they cause to the person they are malighning because no amount of apology will be enough to salvage that name.
The lawyer added that currently despite this matter,members of public are seeking justice at Atambo’s court and thus judicial system should not be politicised.
Lawyer Shadrack Wambui on the other hand said the family of thevsaid magistrate has been undergoing trauma and pain.
Wambui whobis representing the husband to the magistrate said this matter should be suspended because it is not criminal to keep Sh 2M for use in the house.
“If keeping over Sh 1000 in your house is a crime,then that act should be passed by parliament,”added Wambui.
Lawyer Omari insisted on the need to even sue this EACC body.
The lawyers further submitted that while EACC sought a search warrant, they did not disclose all material facts as required by the law.
Non-disclosure of material facts is a big offence in law and goes to offend the person to investigate .
They said they will be writing a letter to the director of criminal investigation to commence investigation against the officers from EACC for implicating a judicial officer into corruption matters.
The preceding magistrate Mr Ondieki disqualified himself from handling the matter and directed that the two files be placed before the chief magistrate Anti corruption for directions.
The court issued a stay order to the effect that no action should be taken against Mrs Atambo.
The magistrate who was handling the case Hon Ondieki recused himself citing friendship relationship with the magistrate under investigation.
He directed the file to be forwarded to his Seniors,the matter will continue on Monday next week.
The Ethics and Anti -Corruption Commission has come under serious attack from a cross-section of lawyers for subjecting a judicial officer into corruption allegations.
lawyer Danstan Omari ,John Khaminwa and Peter Njagi also insisted on observation of rule of law while investigations are being conducted..
Together the lawyers told the court that the officers, after searching the judicial officers’ house , took away Kenya shillings 2 million, which they claim is a proceed of crime.
The lawyers told principal magistrate Charles Ondieki that the action by the EACC officials to file an application without the involvement of the DPP is unconditional.
They said that it is only the DPP who is empowered under article 157 of the constitution to undertake all prosecution matters.
Lawyer Peter Njagi who is also among magistrate Atambo lawyers said if invesugators allow Kenyans to loose confidence with judicial system,the country might go to the dogs.
“A judicial officer is the ‘caesr’s wife beyond reproach’ rule of law and any investigative officer should restrain himself and only excercise what is within their mandate as per the law,”he added.
He said that the said magistrate is a judicial officer whonhas built her carrear through pain and blood.
Njagi added that when the investigation entities are trying to show what they can do,the effect should also be balanced with the cause and pain they cause to the person they are malighning because no amount of apology will be enough to salvage that name.
The lawyer added that currently despite this matter,members of public are seeking justice at Atambo’s court and thus judicial system should not be politicised.
Lawyer Shadrack Wambui on the other hand said the family of thevsaid magistrate has been undergoing trauma and pain.
Wambui who is representing the husband to the magistrate said this matter should be suspended because it is not criminal to keep Sh 2M for use in the house.
“If keeping over Sh 1000 in your house is a crime,then that act should be passed by parliament,”added Wambui.
Lawyer Omari insisted on the need to even sue this EACC body.
The lawyers further submitted that while EACC sought a search warrant, they did not disclose all material facts as required by the law.
Non-disclosure of material facts is a big offence in law and goes to offend the person to investigate .
They said they will be writing a letter to the director of criminal investigation to commence investigation against the officers from EACC for implicating a judicial officer into corruption matters.
The preceding magistrate Mr Ondieki disqualified himself from handling the matter and directed that the two files be placed before the chief magistrate Anti corruption for directions.
The court issued a stay order to the effect that no action should be taken against Mrs Atambo.
The magistrate who was handling the case Hon Ondieki recused himself citing friendship relationship with the magistrate under investigation.
He directed the file to be forwarded to his Seniors,the matter will continue on Monday next week.
