Principal Magistrate Bryan Khaemba has filed an application in court seeking to institute contempt of court proceedings against the Chief Justice for failing to reinstate him 33 days since the order was issued.
Employment and Labour Relations Court found CJ David Maraga’s decision to suspend Khaemba, Kiambu law courts Principal Magistrate as unlawful and declared the decision as null and void.
In a certificate of urgency, P.M Khaemba said that the CJ, Judicial Service Commission and its officers are guilty of disobedience of orders issued by Justice Byram Ongaya on 30th August 2019 directing of his immediate reinstatement, together with his payment of all salary and benefits withheld during the period of suspension up to the said of the judgment.
“The CJ and JSC have filed an appeal seeking to stay the execution of the judgement in the court of appeal and therefore there is indication that they are not keen to comply with the court’s decision,” says Khaemba.
The magistrate further says that the respondents are hell-bent on sanitising their noncompliance and circumventing the court judgment and orders by seeking refuge in the appellate court discretionary authority.
According to him, Maraga and JSC were duly served with the orders but in blatant breach and arrogance ignored the authority and dignity of the court.
“They have neither reinstated me to my work nor have they remitted the emoluments previously withheld from me despite existence of the court order,” he adds.
He says that the 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 that JSC and CJ should be punished for the contempt court.
The magistrate said that CJ Maraga and JSC deliberate inaction and failure to obey the court judgment is a calculated effort to visit pecuniary embarrassment upon him as a judicial officer of rank of Principal Magistrate along with exposing him to loss of his rank and status contrary to the express and unambiguous pronouncement of the court.
Khaemba filed a suit against the CJ and JSC after being suspended without pay over the orders he granted to Kiambu Governor Ferdinand Waititu in graft case.