Appellate court throws out Maraga’s appeal to suspend Kiambu Magistrate from Judiciary

The Court of Appeal has dismissed an appeal by former CJ David Maraga to suspend Kiambu Principal magistrate Bryan Khaemba from the Judiciary.

The three-judge bench ordered for the reinstatement of Magistrate Khaemba after the dismissal of the former Chief Justice's appeal.

"This Court finds that the impugned disciplinary process, having been irregular and illegal ab initio, meant there were no valid proceedings that could be remitted back to the Appellants for consideration," Justices Asike Makhandia, Sankale Ole Kantai and Pauline Nyamweya ruled.

The court however upheld the High Court's decision that had on June last year ordered Khaemba's reinstatement.

The Magistrate had been suspended by the retired Chief Justice Maraga on June 19, 2019 for gross misconduct has been reinstated with full benefits.