Chief Justice David Maraga has suspended Kiambu Principal Magistrate Brian
Khaemba, who recently issued a controversial anticipatory bail order to
Governor Ferdinand Waititu.
The Magistrate has been suspended on the grounds of gross misconduct,
following recommendations by the Judiciary Ombudsman.
“Mr Khaemba conducted himself in a manner likely to suggest that he has a
personal interest in the matter,” CJ Maraga said.
The magistrate issued a Sh500,000 anticipatory bail to Governor Waititu on
May 23 after officers from the Ethics and Anti Corruption Commission
arrestedWaititu over alleged involvement in the irregular award of tenders
valued at Sh588 million, fraudulent acquisition of public funds, conflict of
interest and money laundering.
EACC had then moved to file a complaint against the magistrate saying he
was on sick-off when he granted the bail.
“The Commission received credible information that the said Brian Khaemba
was on sick off on that day… that he only appeared… to hear the application
and thereafter left the station,” EACC chief executive officer Twalib
Mbarak told the Judicial Service Commission (JSC) in a letter.