Former magistrate Brian Khaemba who was suspended indefinitely for granting Kiambu Governor Ferdinand Waititu Sh500,000 anticipatory bail against the EACC has now moved to private practice.
On Wednesday, Khaemba made his debut in court, on the other side of the bench.
Dressed in a blue suit white shirt and blue tie, he addressed the court as "Your Honour," just as he would have been addressed. He waited patiently for his case to be called.
Just a few months ago, Khaemba would have been the one calling out files and making orders but yesterday he was on the other side waiting to plead with the court to give him orders.
He appeared before his former colleague chief magistrate Martha Mutuku to represent private investigator Jane Mugo.
She is charged with attempted murder. Mugo was in court on Wednesday seeking an order for state protective security, saying she fears for her life.
When Mugo’s file was called out, lawyer Danstan Omari introduced Khaemba and told the court that they would be representing her together.
An assertive Khaemba opposed an application by the prosecution which argued that the court has no jurisdiction to make such an order.
Khaemba said that argument had no basis in law.
A ruling will be made on November 6.
Khaemba has served in various courts including Kibera Law courts and Kiambu law courts, his last posting. He was also secretary general of the East African Magistrates’ and Judges’ Association.
In late May, Khaemba had returned from sick-off to grant Waititu Sh500,000 anticipatory bail against corruption charges, then he returned to sick leave. Granting anticipatory bail is a High Court function and he had no jurisdiction.
Khaemba was suspended indefinitely without salary for gross misconduct but the Employment and Labour Relations Court ruled his suspension unlawful.
While maintaining his innocence, he resigned from the Judicial Service Commission. He also appealed and got a stay order.
While resigning, he said he could not survive without a salary.
Justice Byrum Ongaya had held that the suspension letter dated June 30 gainst Khaemba was illegal.
He directed that Khaemba be paid all his salary and benefits withheld by November 1.
Judge Ongaya directed Khaemba reports back to work on September 9 for re-assignment.
However, after the JSC got stay orders against his judgment, Khaemba resigned and decided to move to private practice.
"Khaemba was entitled to move to court to challenge the unlawful suspension as his rights to administrative action were infringed on," Ongaya ruled.
The judge said it was unconstitutional for the employer to impose on Khaemba a suspension with nil pay as a disciplinary measure pending the determination of the disciplinary proceedings.
Chief Justice David Maraga said the magistrate had no jurisdiction to entertain the matter as was not listed to him.
(Edited by V. Graham)
