Chief Justice David Maraga and Judicial Service Commission could face another court battle over what lawyer Nelson Havi calls "constructive dismissal of Kiambu Principal Magistrate Bryan Khaemba".
Havi on Friday accused Maraga of unlawfully suspending the magistrate over a ruling he delivered over Governor Ferdinand Waititu's bail.
"We will take on CJ Maraga and JSC on the constructive summary dismissal of Bryan Khaemba. They will lose," he said.
"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," Havi had said in an earlier tweet.
In a letter addressed to the Judicial Service Commission (JSC), Khaemba said that the conditions given to him during the suspension from office awaiting disciplinary action were 'a constructive summary dismissal', forcing him to resign.
Justice Maraga, in a letter sent to the Magistrate, had suspended him, ordering him to file a response to JSC in 14 days over his conduct. He also froze his salary pending the hearing.
“Mr Khaemba conducted himself in a manner likely to suggest that he has a 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 Khaemba read.