Judge Overturns Maraga's Decision in Waititu's Case

  • Chief Justice David Maraga's decision to suspend Magistrate Bryan Khaemba, who granted Kiambu Governor Ferdinand Waititu an anticipatory bail for his Ksh588 million graft case, was on Friday overturned.

    The Employment and Labour Relations Court found that Khaemba was illegally relieved of his duty and directed that he reports back to work on September 9.

    In late May, the magistrate controversially awarded the embattled governor, together with his Finance Chief Officer Faith Njeri, Ksh 500,000 anticipatory bail while on sick leave.

    Kiambu Magistrate Bryan Khaemba

    Justice Byrum Ongaya, on Friday, directed that Khaemba be paid all his salaries which had been withheld since his suspension on November 1.

    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,” the CJ stated at the time.

    Hours after Maraga suspended him, Khaemba resigned, citing various reasons among them the need to engage in other income-generating activities.

    The Ethics and Anti-Corruption Commission had accused Waititu of involvement in the irregular award of tenders valued at Ksh588 million, fraudulent acquisition of public funds, conflict of interest and money laundering.

    In the case, Governor Waititu and his wife, Susan Wangari, were charged alongside eight other suspects.

    Kiambu Governor Ferdinand Waititu leaves Integrity Centre, the headquarters of the EACC, after questioning on claims of misuse of county funds, May 28, 2019.
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