Magistrate who gave Waititu bail while on sick leave now Danstan Omari’s staff

By , K24 Digital
On Wed, 23 Oct, 2019 17:48 | 2 mins read
Brian Khaemba
Former Kiambu Principal Magistrate Brian Khaemba appears as co-counsel in Jane Mugo's criminal case. PHOTO | NANCY GITONGA | PD
Former Kiambu Principal Magistrate Brian Khaemba appears as co-counsel in Jane Mugo's criminal case. PHOTO | NANCY GITONGA | PD

Brian Khaemba, who was suspended for granting anticipatory bail while he was on leave to the embattled Kiambu Gorvernor Ferdinand Waititu, has taken up private practice.

On Wednesday, Khaemba represented private investigator Jane Mugo, who is seeking orders for court's protection over alleged death threats.

The former Kiambu Principal Magistrate took up employment at the law firm of Dunstan Omari, Musyoki Mogaka & Co. Advocates.

Khaemba opted to join private practice after his efforts for reinstatement hit a snag.

He was suspended by Chief Justice David Maraga in response to his order issued on May 23, 2019, barring the Director of Public Prosecutions (DPP) from arresting and charging Waititu in his Sh588 million graft case.

During Wednesday’s case, Khaemba appeared alongside Omari on the spy queen's case.

"Our client’s life is in danger as she is afraid of the investigators in the case by the way they are treating her. We urge for the court's protection as we intend to reveal the context of the threats," the defense said.

In their submission, Mr Omari and Khaemba said that it is only by God’s mercy that their client is still alive.

"She has worked as a police informer for 15 years and understands the operations of the police and she is here in court because her life is in danger," said Omari.

"Kindly make that order that the relevant authorities enhance her security as any further delay to give her security will be exposing her to risks," said the lawyers.

Omari informed trial magistrate Martha Mutuku that Mugo in August started receiving calls threatening her life, a matter she reported to the Central Police Station in Nairobi.

Mugo claimed that threats to her life started in 2014 and despite reporting the police, none of the cases have been closed to date.

“In the course of this assignment, I have constantly received threats to my life and those of my staff, including receiving anonymous calls and on social media platforms,” her affidavit said.

She further claimed that the complaint lodged by her complainant Deepa Shah is malicious and an afterthought.

On October 5, Mugo revealed at a Nairobi court that her life is in danger through lawyers Cliff Ombeta and Omari.

However, Omari informed the court that the current charges facing the accused were presented in court five years ago but were dismissed.

In reply, the DPP urged the court to detain detective Mugo at Langata Women’s Prison to ensure her safety.

“The court can order that she be remanded at Langata Women’s Prison where her security will be assured,” the prosecution said.

In September, Mugo was charged with threatening to kill Deepa Shah Desmond at Kyuna Close in Spring Valley, an act she allegedly committed five months earlier.

She also faced a second count of threatening to kill Martin Mugusia in 2015.
According to court documents, the spy queen allegedly drew a pistol and threatened to kill the said complainant in 2014.

Appearing before Chief Magistrate Francis Andayi, she pleaded not guilty and the court freed her on a cash bail of Sh300,000 with an alternative bond of Sh500,000.

The magistrate will rule on Mugo's application on November 6.

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