Ex-Magistrate Suspended For Granting Waititu Bail Turns Down Reinstatement

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Former Kiambu court Magistrate Bryan Khaemba has forgone his reinstatement by the Court of Appeal following a suspension for issuing ex-Kiambu Governor Ferdinand Waititu, who was facing graft charges at the time, with an anticipatory bail in 2019.

Anticipatory bail refers to bail granted to a person by courts of law even before the individual is apprehended by law enforcement agencies over any offences.

Khaemba was suspended in June 2019 by then Chief Justice David Maraga for alleged misconduct following the aforementioned decree.

“Even though I was reinstated back to my position as a Magistrate by the Court of Appeal, I officially and mutually disengaged with my former employer, the Judicial Service Commission,” Khaemba said in a Facebook post on Wednesday.

“I take this opportunity to thank the Judiciary of Kenya for giving me an opportunity to serve my beloved country as a Magistrate for over a decade. Indeed it was a great honour to move through the rank and file, more so having joined the institution in the early stages of my legal career. I’m now ready to seek to serve my country on a different front, God willing.”

Following the Court of Appeal order, Khaemba has since signed an agreement of disengagement with the Judiciary which will see it pay all dues owed to him from June 2019 to December 2021.

“Upon engaging the Judicial Service Commission it has been mutually agreed and resolved that in lieu of reinstatement, Bryan be paid all his withheld benefits for the period between June 14, 2019 and December 31, 2021,” the agreement reads in part.

“That the Chief Registrar of the Judiciary shall calculate the said benefits and effect payment accordingly. That the effective date of mutual disengagement is December 31, 2021.”

Khaemba last year declared his intention to contest for the Kimilili MP seat at the August polls in a move that will pit him against the area’s incumbent legislator Didmus Barasa.

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