East Africa Magistrates and Judges Secretary General Bryan Khaemba has resigned from the Judiciary following his suspension by Chief Justice David Maraga.
In a letter seen by the Nation, Maraga asked the Kiambu Principal Magistrate to handover everything in his possession to the Judiciary after being accused of misconduct.
“Mr Khaemba conducted himself in a manner likely to suggest that he has personal interest in the matter. It was public knowledge that Mr Khaemba was on sick leave as the same was announced to litigants during the morning briefing,” a letter by Mr Maraga to Mr Khaemba reads.
“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.
And just hours after his suspension was made public, Khaemba has tendered his resignation from the Judiciary. He said that he cannot be able to survive for several months without salary.
"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 engage in other income generating activities," Khaemba said in his letter.
He's accused of issuing anticipatory bail to Kiambu Governor Ferdinand Waititu despite the fact that he was not on duty. The resignation will be scrutinized by JSC.
Lawyer Nelson Havi had earlier questioned CJ Maraga's conduct, arguing that the suspension was dismissal from duty without due process.
"An employee cannot be suspended on nil pay. The CJ’s decision is constructive summary dismissal, which is unlawful. The CJ ceased applying his mind to the law long time ago. The Magistrate is an unfortunate victim of Executive’s capture of Judiciary and Jubilee’s Civil War," he tweeted.
More to follow...