A Kiambu magistrate who gave Governor Ferdinand Waititu anticipatory bail has resigned.
Brian Khaemba on Friday said after giving much thought to the end results following his suspension, he decided to resign as the principal magistrate. He said he resigned because he was suspended without pay.
On May 23 Khaemba issued a Sh500,000 bail to Kiambu Governor Ferdinand Waititu, a move which drew criticism as it was viewed as a setback in fighting corruption.
Khaemba interrupted his sick-off to come in and help Waititu and then resumed his sick leave.
His resignation came a day after being suspended for gross misconduct by Chief Justice David Maraga, who cited Khaemba's issuing anticipatory bail to Waititu.
In a letter to Maraga on June 14, Khaemba stated that the no-salary part of the suspension triggered his decision to resign.
"Having reflected on the consequences of the suspension letter, especially on the aspect of nil salary and the fact that this process has no definite timelines, I have separately tendered my resignation letter to enable me to engage in other income generating activities," the letter read.
Khaemba said his resignation will allow the Council of the East African Magistrates’and Judges’ Association to designate another member to take charge of the secretariat. He had been secretary general.
On Thursday, Maraga had written to Khaemba suspending him for gross misconduct following recommendations from the Judiciary ombudsman.
Waititu had been accused by the Ethics and Anti Corruption Commission of being involved in money laundering, irregular tender award of Sh588 million, conflict of interest and irregular acquisition of public funds.
The Judiciary ombudsman had found Khaemba liable for gross misconduct after being in breach of the Judicial Service code of conduct and ethics.
Maraga's letter stated that disciplinary action should be taken against Khaemba for irregularly handling an anticipatory bail to Waititu who had been arrested as part of investigations into misuse of county funds worth millions.
As a result, Khaemba's transfer to Thika law courts was cancelled.
He was also directed to hand over all government property in his possession to the chief magistrate of Kiambu law courts.
The Chief Justice had arrived at the decision after anti-graft CEO Twalib Mbaraka filed a complaint against Khaemba.
(Edited by R.Wamochie)
![Kenya Magistrates and Judges Association secretary general Bryan Khaemba with lady justice Sinkiyian Tombiko [L], magistrate Derrick Kuto and Lady justice Hedwing Ong'undi addressing media at the Supreme Court on September 2, 2017](http://lh3.googleusercontent.com/zzZHOc3fgGXC8L6FBY8BXm_isxXHgmnaQT0MrgdiKP8LlZpjO69rl7f7GCx3zn_bo2-JI-xZ3RdJwiHJteckNB2s20qi=s750)