The court has reinstated Kiambu Principal Magistrate Brian Khaemba, who was suspended over gross misconduct after granting bail to Kiambu Governor Ferdinand Waititu.
Onganya, who had been suspended by Chief Justice David Maraga, was reinstated by justice Byrum Onganya of the Employment and Labour Relations Court on Friday, terming the decision to send him away as unconstitutional.
Consequently, the court has directed he be paid his dues
He shall appear at the Kiambu station on September 9 for re-deployment and re-assignment of duty.
“He should be given all the salaries held during suspension to date by November 1 failure to which interest will accrue,” ruled the court.
Justice Ongaya went on to say that the decision to interdict him was ‘unlawful and infringed his rights to administrative action’.
Khaemba is accused of granting Waititu Sh500,000 anticipatory bail pending arrest.
According to the court, the magistrate did not violate the law when he decided to stop the arrest and indictment of embattled Kiambu Governor Ferdinand Waititu.
He faulted the decision to by the Judicial Service Commission (JSC) to impose suspension with nil pay pending determination of disciplinary proceedings.