Magistrate In Waititu Graft Case Was Unlawfully Suspended, Court Rules

Principal Magistrate Brian Khaemba during the hearing of ruling over his dismissal on grounds of abuse of office on August 30 ,2019 [Photo: Courtesy]

Kiambu Magistrate Brian Khaemba was unlawfully suspended, the Employment and Labour Relations Court ruled on Friday.

Justice Byrum Ongaya ruled that the suspension letter dated June 13, 2019, against Khaemba was illegal.

Chief Justice David Maraga had suspended the magistrate following recommendations by the Judiciary Ombudsman who questioned how Khaemba handled Governor Ferdinand Waititu’s graft case.

Khaemba, who was on sick leave, granted the Governor Ksh500, 000 anticipatory bail following his arrest on May 23, eliciting criticism from members of the public.

In his ruling, justice Ongaya directed that Khaemba be paid all his salaries withheld from him from the time he was suspended by November 1.

Read: CJ Maraga Suspends Kiambu Magistrate Who Granted Governor Waititu Controversial Bail

Maraga had imposed a nil salary disciplinary measure against Khaemba during the suspension period.

Ongaya directed Khaemba to report back to work on September 9 for redeployment and re-assignment of duty.

“Khaemba was entitled to move to court to challenge the unlawful suspension as his rights to administrative action were infringed on,” said Ongaya.

On June 19, the court revoked Khaemba’s suspension and directed that he be reinstated and paid half his salary pending hearing and determination of the case.

The magistrate had reportedly resigned after receiving his suspension letter, claims he vehemently denied.

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Written by Wycliffe Nyamasege


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