Suspension of Kiambu Principal Magistrate Brian Khaemba by Chief Justice David Maraga has attracted attention of two top lawyers in the legal profession.
In letter seen by the Nation, Maraga asked Khaemba to submit all government files to Chief Magistrate in the region, subsequently requiring him to file a defense in 14 days.
“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.
City lawyer Nelson Havi has faulted the suspension, adding that the decision by Maraga was a constructive summary dismissal which is unlawful.
"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 wrote.
But lawyer Donald Kipkorir has backed the suspension, adding that the magistrate messed by handling the matter that was beyond his jurisdictions.
"Suspension of Kiambu Principal Magistrate Brian Khaemba & with NIL PAYMENT is justified .... He committed two egregious wrongs: Whilst on sick leave, comes back to handle the Governor’s application, a matter he didn’t have jurisdiction. He should be removed from the Judiciary," he tweeted.
Justice Maraga in his letter, said the magistrate will not be able to get his salary for misconduct. He granted Governor Ferdinand Waititu an anticipatory bail a fortnight ago after being arrested by EACC.
“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.