• EACC alleges magistrate could be having interest in Waititu matter.
• AskS JSC to probe magistrate.
Image: EZEKIEL AMING'A
A Kiambu magistrate who issued orders against the arrest of besieged Governor Ferdinand Waititu may find himself in trouble following a complaint by the anti-graft agency.
The Ethics and Anti-Corruption Commission says Brian Khaemba issued the orders while on sick off, demonstrating that he could be having an interest in the Waitutu case.
The EACC has petitioned the Judicial Service Commission to investigate the principal magistrate for possible gross misconduct.
“The Commission received credible information that the said Brian Khaemba was on sick off that day, 23 May 2019, that he only appeared at the Law Courts to hear the application and thereafter left the station [after granting bail] to proceed with his sick off,” EACC chief executive officer CEO Twalib Mbarak said in a letter to the JSC.
He went on, “The fact of the Hon Magistrate having to break his sick off, if indeed true, to come and attend to a specific matter, when there were other judicial officers who could have handled it may be an indicator that the Hon Magistrate had an interest.”
Khaemba granted Waititu and Kiambu county Finance chief Faith Njeri Sh500,000 cash bail, which critics called a blow to the fight against corruption.
The decision by the magistrate to issue the anticipatory bail has also divided the legal profession, with some saying lower courts do not have such powers.
Lawyer Donald Kipkorir, for instance, said the magistrate acted beyond his powers.
“Anticipatory bail is an innovative right not in our Constitution but can only be given by the High Court … The alleged anticipatory bail given by a magistrate in Kiambu to Ferdinand Waititu should be torn up and the magistrate dismissed. High Court has exclusive jurisdiction,” Kipkorir tweeted.
The complaint against the magistrate came at a time when the JSC has been acting tough. This year aloNe it has recommended that four judges face a tribunal for various offenses including gross misconduct, incompetence and abuse of office.
Among those who will face tribunal is Supreme Court Judge Jackton Ojwang.
Last week, the EACC raided Waititu’s homes and offices and found evidence linking him to Sh588 million county cash.
The governor is accused of awarding tenders to companies associated with him and his immediate family through whom the millions were allegedly syphoned from public coffers.
“Preliminary investigations show that contractors paid monies to senior county officials, their companies or relatives through proxies,” the EACC said.
A Kiambu magistrate who issued orders against the arrest of besieged Governor Ferdinand Waititu may find himself in trouble following a complaint by the anti-graft agency.
The Ethics and Anti-Corruption Commission says Brian Khaemba issued the orders while on sick off, demonstrating that he could be having an interest in the Waitutu case.
The EACC has petitioned the Judicial Service Commission to investigate the principal magistrate for possible gross misconduct.
“The Commission received credible information that the said Brian Khaemba was on sick off that day, 23 May 2019, that he only appeared at the Law Courts to hear the application and thereafter left the station [after granting bail] to proceed with his sick off,” EACC chief executive officer CEO Twalib Mbarak said in a letter to the JSC.
He went on, “The fact of the Hon Magistrate having to break his sick off, if indeed true, to come and attend to a specific matter, when there were other judicial officers who could have handled it may be an indicator that the Hon Magistrate had an interest.”
Khaemba granted Waititu and Kiambu county Finance chief Faith Njeri Sh500,000 cash bail, which critics called a blow to the fight against corruption.
The decision by the magistrate to issue the anticipatory bail has also divided the legal profession, with some saying lower courts do not have such powers.
Lawyer Donald Kipkorir, for instance, said the magistrate acted beyond his powers.
“Anticipatory bail is an innovative right not in our Constitution but can only be given by the High Court … The alleged anticipatory bail given by a magistrate in Kiambu to Ferdinand Waititu should be torn up and the magistrate dismissed. High Court has exclusive jurisdiction,” Kipkorir tweeted.
The complaint against the magistrate came at a time when the JSC has been acting tough. This year aloe it has recommended that four judges face a tribunal for various offenses including gross misconduct, incompetence and abuse of office.
Among those who will face tribunal is Supreme Court Judge Jackton Ojwang.
Last week, the EACC raided Waititu’s homes and offices and found evidence linking him to Sh588 million county cash.
The governor is accused of awarding tenders to companies associated with him and his immediate family through whom the millions were allegedly syphoned from public coffers.
“Preliminary investigations show that contractors paid monies to senior county officials, their companies or relatives through proxies,” the EACC said.