Kiambu Magistrate in Waititus case suspended for gross misconduct

Kiambu Principal Magistrate Bryan Khaemba was on Friday suspended for gross misconduct until his disciplinary case is heard and determined.

In a letter seen by Citizen Digital, Chief Justice David Maraga issued the suspension following recommendations by the Judiciary Ombudsman.

“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 last Friday of each month,” read the letter.

Hon. Khaemba was further directed to make a show-cause representation, if any, to the office of the Chief Justice within 14 days.

This comes after Hon. Khaemba issued anticipatory bail orders to Kiambu Governor Ferdinand Waititu in a bid to secure his release while he was away from office.

The Magistrate had reported to be unwell and was allowed to be away from duty thus necessitating the adjournment of all matters listed on that day, May 23, 2019.

“… On that day, you went to court and handle only one matter, MISC.CR APP. No. 222 of 2019, that had not been allocated to or listed before you,” read the letter.

“Your said acts amount to GROSS MISCONDUCT contrary to the Human Resource Policies, Judicial Services Code of Conduct and Ethics Rule.”

The Magistrate who has since come under sharp scrutiny from the public, is said to have conducted himself in a manner contrary to Human Resource Policies and Procedures Manual Section D7.2 (xvii) and a breach of the Judicial Services Code of Conduct and Ethics Rule 3 & 12.

Hon. Khaemba has now been ordered to hand over all government property in his custody and prepare a detailed hand over report to the Chief Magistrate, Kiambu Law Courts and copied to the Chief Registrar of the Judiciary.

Kiambu Governor Ferdinand Waititu obtained the orders which were served to the Ethics and Anti-Corruption Commission (EACC) after which he was released.

“Any party served with this order and disobeys the same or any part thereof shall be guilty of contempt of court and liable to fine or to imprisonment for a term not exceeding six months or both,” read the orders.

Governor Waititu was arrested after EACC detectives raided his two other homes in Garden Estate and another near Paradise Lost on Kiambu Road on the said day.

Waititu is in trouble over alleged irregular tenders worth Ksh.588 million and money laundering.

Waititu is also facing accusations of fraudulent acquisition of public funds and conflict of interest.