A court in Nairobi has lifted suspension inflicted by Judicial Service Commission on Kiambu Resident Magistrate Brian Khaemba.
In June, Chief Justice David Maraga suspended Mr Khaemba on grounds that he had violated the law when he issued anticipatory bond to Governor Ferdinand Waititu over graft case.
The Kiambu Governor, who has since been barred from accessing his office, is accused of conflict of interest and corruption in Sh588 million tender.
The Employment and Labour Relations Court ordered the Judicial Service Commission (JSC) to pay the judge all his benefits by November 1, 2019.
“An order is hereby issued quashing the decision to suspend from his employment,” Justice Byram Ongaya ruled.
He issued a permanent injunction to JSC not sack or take any disciplinary action against Mr Khaemba over the Waititu bail order.
Justice Ongaya said the petitioner (Mr Khaemba) who challenged his suspension through lawyer Nelson Havi, had established he was victimised for discharging his official duties.
“Mr Khaemba was victimised for discharging the duties he was employed to do, he did no wrong,” the judge ruled.
The court insisted that Khaemba, who was on sick leave, was discriminated by JSC for executing his duties. He was reportedly on sick leave.