That was the option a principal magistrate chose a day after he was suspended by the Chief Justice for overstepping his jurisdiction.
The Chief Justice of Kenya, David Maraga had written a suspension letter to Principal Magistrate, Bryan Khaemba on Thursday, June 13, which stated that the magistrate would forfeit his salary until a determination is made on his alleged offence.
"While on suspension, you shall receive nil salary. Your transfer to Thika Law Courts is hereby cancelled. You are therefore required to report to the Chief Magistrate, Kiambu Law Courts, every Friday,” part of the Chief Justice’s suspension letter reads.
Khaemba’s offence which triggered his suspension was that, he terminated his sick-leave to grant bail to Kiambu Governor, Ferdinand Waititu who is standing trial over corruption allegations.
According to reports, there was a magistrate on duty to hear the bail application in question, but Khaemba strangely and unilaterally pushed him aside to hear the matter, while he was supposed to be on a sick leave.
To worsen his predicament was that, granting of bail in respect of such a high degree crime as corruption involving a public official was an exclusive preserve of a High court. However, instead of declining jurisdiction over the matter, Khaemba went ahead to grant bail to the suspect, which amounted to overstepping.
Meanwhile, in response to the suspension letter on Friday, June 14, the disgruntled magistrate said he would not be able to survive without salary, hence the need to resign and find other means of making ends meet.
"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 engage in other income generating activities," Khaemba said to the Chief Justice.