Kiambu magistrate Bryan Khaemba, who gave Governor Ferdinand Waititu anticipatory bail orders, resigned hours after being suspended indefinitely by Chief Justice David Maraga.
In a letter dated June 14 in the response to the suspension, Khaemba denied any wrongdoing and gave reasons for his resignation.
"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 stated in his letter.
In late May, the magistrate controversially awarded the embattled Governor, together with his county finance chief Faith Njeri, Ksh 500,000 cash bail.
The orders were allegedly granted while the magistrate was on sick leave.
Earlier on, CJ Maraga suspended Khaemba over gross misconduct without pay.
“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,” read part of a letter that was addressed to the magistrate.
Khaemba had been previously transferred to Thika Law Courts but Maraga cancelled the move and ordered him to hand over all government property that was in his possession.
"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.
"You were required to explain why in the morning of May 23, whereas you had reported to be unwell and allowed to be away from duty thus necessitating the adjournment of all matters listed before you on that day, you went to court and handled only one matter that had not been allocated to or listed before you,” continued the CJ.
The magistrate was given 14 days to file a response without which the punishment will take effect.
