REINSTATED

Court rules magistrate in Waititu case was unlawfully suspended

In Summary

• Justice Byrum Ongaya on Friday held that the suspension letter dated June 30, 2019 against Khaemba was illegal.

• Khaemba is the Magistrate who granted Governor Ferdinand Waititu a Sh500,000 anticipatory bail pending arrest.

Principal Magistrate Brian Khaemba during the hearing of ruling over his dismissal on grounds of abuse of office on August 30 ,2019.
Principal Magistrate Brian Khaemba during the hearing of ruling over his dismissal on grounds of abuse of office on August 30 ,2019.
Image: ENOS TECHE

The Employment and Labour Relations Court has found that Kiambu Magistrate Bryan Khaemba was unlawfully suspended.

Justice Byrum Ongaya on Friday held that the suspension letter dated June 30, 2019 against Khaemba was illegal.

Khaemba is the Magistrate who granted Governor Ferdinand Waititu a Sh500,000 anticipatory bail pending arrest.

 

He directed that Khaemba be paid all his salaries withheld from him from the time he was suspended by November 1.

On June 13, Chief Justice David Maraga suspended Khaemba following recommendations by the Judiciary Ombudsman.

Judge Ongaya directed he reports 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," Ongaya said.

The judge said it was unconstitutional for the employer to impose Khaemba's suspension with nil pay as a disciplinary measure pending the determination of the disciplinary proceedings.


More:

WATCH: The latest videos from the Star