Embattled Kiambu magistrate takes up private practice

Wednesday, October 23rd, 2019 14:09 |

Former Kiambu Principal Brian Khaemba has taken up private practice after efforts for reinstatement failed.

Brya Khaemba made his first appearance representing spy queen Jane Mugo, who is seeking court protection following death threats.

Khaemba will now be working from the law firm of Danstun Omari, who is also representing Mugo in the case.

Khaemba opted to resign from being Magistrate following efforts to have him reinstated as a judicial officer hit a snag.

He had been suspended by Chief Justice David Maraga following an order he issued barring detective's from arresting Kiambu Governor Ferdinand Waititu, dismissed the state response to his client affidavit.

Jane Mugo filed an affidavit before court alleging that her life is in danger and sought for state protection.

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

In their submission, lawyers Omari and former Kiambu magistrate Khaemba said that it is only by God’s mercy that she is alive.

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

The lawyer also urged the court to take judicial notice that out of the Citizen TV story the CS Fred Mating'i ordered serious investigation be conducted.

"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 defence.

Omari informed trial Magistrate Martha Mutuku that Mugo in August started receiving calls threatening her life  and that she will be charged where she later reported the matter at Central police station.

She says that she has several letters of complaint to all relevant authorities except the Judiciary over the same threats.

Mugo claimed that threats to her life and that her family began way back in 2014 and despite her 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 to my staff in the different forms including receiving anonymous calls, on social media platforms,” the affidavit said.

She further claimed that the complaint lodged by her complainant Deepa Shah is malicious and afterthought hence her life is in danger.

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

However, Omari informed the court that the current charges facing the accused were in court again in 2014 but got dismissed.

But the DPP in the reply 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 Lang’ata 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 on February 4.

She also faced a second count of threatening to kill Martin Mugusia in 2015 and according to court documents, the spy allegedly withdrew a pistol and threatened to kill the said complainant, an incident claimed to have occurred five years ago.

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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