Kiambu law courts Principal Magistrate Brian Khaemba is expected back to work after the Employment and Labour Relations court reprieved his suspension for reasons that the Chief Justice erred and flawed in his judgement because he did not follow the correct procedure as outlined in the third schedule of the JSC Act.
Justice Byram Ongaya said that the suspension by Chief Justice David Maraga was unlawful. He ruled that the indefinite suspension of Brian Khaemba was premature and in contravention of Article 41, 47(1) and 236 of the Constitution.
Principal Magistrate(PM) Khaemba was suspended by the Chief Justice Hon. Maraga on the June 13, 2019 for reasons that he was on sick leave and yet granted the Kiambu County Governor, Mr. Ferdinand Waititu an anticipatory bail on 23rd May, 2019.
The Employment and Labour Relations court Judge also issued a prohibitory injunction against both the Judicial Service Commission(JSC) and Chief Justice from suspending the Magistrate.
Judge Ongaya further stated that the PM should continue in employment without loss of rank, status and all attached benefits for reasons that it was against the law to suspend an employee on zero pay. Consequently, the JSC should disburse to the magistrate monies owed by November 11, 2019 failure to which interest at the court rates would apply.
He also averred that the PM acted in good faith and no evidence was weighty to show that he acted contrary to that. The judge further ruled that Article 45(1) of the JSC act indemnified court officials from civil actions or suits in the course of discharging their duties in good faith.
Whereas the PM Brian Khaemba is expected to report to work on September 9, 2019, JSC and The Chief Justice have filed for a stay of the order pending determination of an appeal that they have filed.
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