Kaimbu Principal Magistrate Brian Khaemba has been suspended by Chief Justice David Maraga, for freeing Kiambu governor Ferdinand Waititu on a Sh 500,000 anticipatory bail orders,yet he was on sick leave, something that goes against the ethics of the Judiciary.
Chief Justice David Maraga in the suspension letter said the magistrate conducted himself in a manner likely to suggest that he is a person of interest in the manner.Judiciary Ombudsman had recommended he be suspended.His transfer to Thika Law courts has also been suspended,something that points to an imminent expulsion from his job.
“It was public knowledge that Mr Khaemba was on sick leave as the same was announced to litigants during the morning briefing.While on suspension, you shall receive nil salary. Your transfer to Thika Law Courts is hereby cancelled.You are therefore required to report to the Chief Magistrate, Kiambu Law Courts, every Friday,” CJ Maraga states in the letter.
The magistrate issued a Sh500,000 anticipatory bail to Governor Waititu on May 23, a move that drew widespread criticism as it was viewed as efforts to derail the war on corruption.He has also been ordered to surrender any public property owned by the government immediately.
”You were required to explain why in the morning of May 23, whereas you had reported to be unwell and allowed to be away from duty thus necessitating the adjournment of all matters listed before you on that day, you went to court and handled only one matter that had not been allocated to or listed before you,” the letter reads.
The Ethics and Anti Corruption Commission has accused Mr Waititu of involvement in the irregular award of tenders valued at Sh588 million, fraudulent acquisition of public funds, conflict of interest and money laundering.