"I need to work to support myself and my kids. No one pays for my support."
- Amrita Singh
In reacting to his suspension without pay, Principal Magistrate Bryan Khaemba has resigned from work.
Bryan Khaemba, who is also the Kenya Magistrates and Judges Association secretary made the decision of his resignation known after he was suspended over gross misconduct contrary to the Human Resource Policies and Procedures Manual.
Khaemba was indefinitely suspended after he issued anticipatory bail to Governor Ferdinand Waititu despite the fact that the case was not in his jurisdiction.
The notice was conveyed in a letter from Chief Justice David Maraga yesterday, June 13, informing him that he had been suspended without pay.
In a prompt response to the notice of suspension, Bryan Khaemba denied any wrongdoing but noted that since the suspension was indefinite, he had to resign.
"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 to engage in other income generating activities," Khaemba said in his letter.
Khaemba said that will also give the Council of the East African Magistrates’ and Judges’ Association (EAMJA) a chance to designate another Council Member to take charge of the Secretariat of the Association since he has been serving as the Secretary general.
According to a suspension letter from Chief Justice David Maraga, Khaemba would receive no salary until his case is heard and determined.
In his letter, Maraga said the magistrate's actions amount to gross misconduct.
Maraga said he had written a letter to Khaemba on May 30, where he was required to explain why he issued the order on May 23 while he had reported to be unwell and allowed to be away from duty.
This had necessitated the adjournment of all matters that had been listed before him on the said day but "he sneaked to the court and made the ruling on Waititu's matter MISC. CR APP. No 222 of 2019 yet it had not been allocated or listen to him."
The CJ said the Magistrate's explanation dated June 6, did not satisfy the JSC as he had no authority to handle the issue.
In that case, Maraga said, Khaemba had no jurisdiction to entertain the matter. Judiciary regulations requiring that anticipatory bail matters are handled by the High Court.
"In view of the above, you are hereby required to show because why disciplinary action should not be taken against you for the offense," read part of the letter to Khaemba.
Quotes Courtesy The Star
Header Image Credit: The Star