Kiambu Magistrate Bryan Khaemba has sued the Chief Justice David Maraga and the Judicial Service Commission for contempt of court.
Through lawyer Titus Lameck Omondi of Ochich T.L.O & Associates Advocates, Khaemba wants the court to compel Maraga and the JSC to reinstate him and pay him his salary.
This is after the employment and Labor Relations Court on 30th August, ruled that Khaemba was unlawfully suspended.
Justice Byrum Ongaya held that the suspension letter dated June 30, 2019 against Khaemba was illegal.
Khaemba is the Magistrate who granted Governor Ferdinand Waititu a Sh500,000 anticipatory bail pending arrest.
Judge Ongaya directed that Khaemba be paid all his salaries withheld from him from the time he was suspended by November 1.
On June 13, Chief Justice David Maraga suspended Khaemba following recommendations by the Judiciary Ombudsman.
Judge Ongaya directed Khaemba reports back to work on September 9 for redeployment and re-assignment of duty.
However, Khaemba says that the Chief Justice and the JSC are yet to reinstate him and that he has not received his salary.
“This Court has been and continues to be exposed to ridicule, disrepute and it is in the interest of justice and for the purpose of upholding the dignity of the Court and the Honor of the Court that the Respondent should be punished for the contempt of Court,” reads Khaemba’s petition.
Khaemba added that the CJ and the JSC’s deliberate inaction and failure to obey the Judgment of the Court is a calculated effort to embarrass him.
On 7th February 2018, Chief Justice David Maraga issued a directive that all Kenyans should obey court orders.
However, Khaemba said the Chief Justice is himself going against the same directives he issued.