High Court lifts suspension on Magistrate Brian Khaemba

A Labour Relations and Employment court has revoked suspension of Kiambu magistrate, Brian Khaemba, who had controversially granted Kiambu County Governor, Ferdinand Waititu, anticipatory bail.

Brian Khaemba was suspended indefinitely by Chief Justice and President of Judicial Service Commission (JSC) David Maraga, after he came out of his sick leave to grant the governor anticipatory bail.

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The court faulted the JSC and stated that the magistrate be reinstated and paid half his salary till when his case is heard and determined.

In the suspension letter, the Chief Justice had stated that the magistrate will not receive his salary for the period he will be suspended.

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The Chief Justice had to take the action following complain from Ethics and Anti Corruption Commission (EACC) on the conduct of magistrate Brian Khaemba.

EACC accused the magistrate of showing interest in the matter by cutting short his sick leave to attend to the matter yet other magistrates could have handled.


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Furthermore, the EACC accused him of overstepping his mandate by issuing an anticipatory bail, a role only reserved for High Court.

In his submission, magistrate Brian Khaemba argued that EACC should have appealed his ruling. He further stated that it is not only that case that brought him back to work but he listened to three other cases.

The magistrate accused the Chief Justice of acting based on pressure from outside.

He further denied claims that he had resigned following the suspension.


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