JSC: Suspend Baraza, probe her conduct

NAIROBI, Kenya, Jan 13 – NAIROBI, Kenya, Jan 13 – The Judicial Service Commission (JSC) has resolved to send a petition to President Mwai Kibaki to suspend Deputy Chief Justice Nancy Baraza following her confrontation with a security guard at a shopping mall in Nairobi.

Chief Justice Willy Mutunga announced that the JSC would also ask the president to form a tribunal to investigate her conduct.

“After lengthy deliberations and review of evidence, the JSC has now resolved that it will send a petition to the president to suspend Nancy Baraza and to appoint a tribunal to investigate her,” Mutunga told journalists after getting a report from a JSC sub-committee formed to investigate the incident.

The decision was reached by the sub-committee which the CJ formed earlier in the week to investigate Baraza’s conduct and issues surrounding the incident that occurred at the Village Market shopping mall on New Year’s Eve.

A security guard, Rebecca Kerubo, accused the Deputy CJ of allegedly pinching her nose and threatening to shoot her when she pursued her to demand that she undergoes a routine security check.

“When I formed the sub-committee to investigate the matter, I pledged to deal with the matter conclusively but I noted that the police were probing the matter and I said that no one is above the law,” he said adding; “This was not a criminal trial.”

The president is now expected to appoint a tribunal within 14 days after receiving the petition from the JSC to suspend Baraza and act on the recommendations of the commission.

On Thursday, the Director of Public Prosecutions Keriako Tobiko was quoted by the Daily Nation saying that the evidence presented by the police on the incident had inconsistencies and contradictions that left crucial information to ascertain if Baraza was in the illegal possession of a gun and if she misused it.

He directed the police to carry out thorough investigations and give him a report within seven days, according to the newspaper.

The committee led by Rev Samuel Kobia reviewed CCTV footage recorded at the Village Market and took statements from 16 witnesses.

Mutunga said the committee did not consider a petition by David Gichira, explaining that it was devoid of any material substance to act upon.

Baraza was appointed DCJ in June 2011 after thorough scrutiny by the JSC and a parliamentary committee.

JUDIE KABERIA

JUDIE KABERIA

Judie, a Special Projects Reporter started practicing journalism in 2003. She has worked in Kenya and Germany. Judie has scooped awards in Reproductive Health, Population, Gender and Development. She has participated in international conferences in Germany, Switzerland and Netherlands. Judie has written a booklet, 'Justice and Peace in the Kenyan Eye'. She has a soft spot for human rights, crime, peace and justice stories and she is now pursuing a Master's Degree at the University of Leicester (U.K).

  • baraza

    When you are overtaken by yet-another reckless Matatu driver you may have sympathy for Lee Kuan Yew, Singapore’s long-time autocrat, who is credited with Singapore’s transformation from third world to first world. He once famously claimed: “Developing countries need discipline more than democracy.”

  • http://www.facebook.com/neville.ngai Neville Ngai

    yeah and there goes impunity…….

  • Elijahandika

    Arrogance and pride are the fastest vehicles to insignificance. When King Nabcadnezzar got filled with them he was driven out of palace to go and live with wild beasts in the wilderness! I think he became one of the greatest tourist attraction. Now with madam Baraza, instead of appreciating what was being done by the security carrying out their duties without bending the law, pride and arrogance overcame her understanding of the law. The Chief Justice in his ruling was quite impartial and observed the rule of law. I wish had people like Dr. Mutunga who does what he is required to do without favourtism. But with people like Tobiko the small man of this land will never find justice.

  • Guest

    Going in the right direction for Kenya. Kibaki should act fast, we need her sacked!

  • PETER GICHIRA SOLOMON

    As the person who petitioned the Judicial Service Commission, I was seeking to ensure that Kenyans remain vigilant in the manner which the constitutional provisions are implemented. Whereas my petition was thrown out becuase I wanted them to use thier own investigations and that of the police to instutute procedures for removal from office. It is interesting to see that the JSC invoked the same article 168 that I sought to see it used to have her removed from office..

      

    It is not secret that Kenyans cannot put
    their trust for the implementation of the new constitution on the Executive or
    Parliament. Historically, both these institutions have proved to be anti-reform
    and this has not changed even after the new constitution.

    Therefore, the Judiciary of today – and
    indeed the unthinkable manner in which it was born – has stood out as the only
    beacon of hope for Kenyans. This formed my reason for worry in my petition,
    that public dissatisfaction with the decision of the JSC could as well be the
    most fatal blow to have been dealt to Public confidence in the New Judiciary and
    the new political dispensation.

    As an ordinary Kenyan, I was looking
    at the JSC with an anticipation of a historic ruling and I surely got it. For me Friday is
    the day that will completely mark the change of the Course of Law at the same
    equivalence with the day that our new constitution was born.

    The JSC has set the precedence for both
    this generation and for posterity by communicating to one and all that Justice
    will not be defined through  the tenets
    of power, class, influence and social status. The JSC come out
    clean and indicated that the law is not an expression of the will of the
    dominant class and that the new law will not be a tool of oppression.

    The JSC has upheld the role of the
    Law as an organiser of the society by deciding to forwarding its own petition, to the President as the Chief
    Custodian of the Country’s Constitution to institute measures of the removal of
    the  Deputy Chief Justice, Hon. Lady
    Justice Nancy Baraza from office.

    It would have been tragic for this country for the
    JSC to try and exonerate the Deputy Chief Justice from the allegations brought
    before it. Indeed, considering that 2012 is an election year and
    that Judicial credibility is important for an election process that is devoid of
    the dark days of January 2008. The 13th of January 2012, will go in history as the
    day that JSC would gave the “man in the street” reason to obey the law as it
    would be about Justice and not position in society. I want to anticiate that the Tribunal for her removal from office and the President will affirm this.

     

    Now Kenyans have the reason to entrust their lives, property and destiny
    in the Law and in a Judicial system headed by men and women of honour, who truly
    believe that “ Justice is indeed, Our Shield and Defender”.That said, we should also be careful to ensure that one is INNOCENT until proven guilty.
    It is not secret that Kenyans cannot put
    their trust for the implementation of the new constitution on the Executive or
    Parliament. Historically, both these institutions have proved to be anti-reform
    and this has not changed even after the new constitution.

    Therefore, the Judiciary of today – and
    indeed the unthinkable manner in which it was born – has stood out as the only
    beacon of hope for Kenyans. This formed my reason for worry in my petition,
    that public dissatisfaction with the decision of the JSC could as well be the
    most fatal blow to have been dealt to Public confidence in the New Judiciary and
    the new political dispensation.

    As an ordinary Kenyan, I was looking
    at the JSC with an anticipation of a historic ruling and I surely got it. For me Friday is
    the day that will completely mark the change of the Course of Law at the same
    equivalence with the day that our new constitution was born.

    The JSC has set the precedence for both
    this generation and for posterity by communicating to one and all that Justice
    will not be defined through  the tenets
    of power, class, influence and social status. The JSC come out
    clean and indicated that the law is not an expression of the will of the
    dominant class and that the new law will not be a tool of oppression.

    The JSC has upheld the role of the
    Law as an organiser of the society by deciding to forwarding its own petition, to the President as the Chief
    Custodian of the Country’s Constitution to institute measures of the removal of
    the  Deputy Chief Justice, Hon. Lady
    Justice Nancy Baraza from office.

    It would have been tragic for this country for the
    JSC to try and exonerate the Deputy Chief Justice from the allegations brought
    before it. Indeed, considering that 2012 is an election year and
    that Judicial credibility is important for an election process that is devoid of
    the dark days of January 2008. The 13th of January 2012, will go in history as the
    day that JSC would gave the “man in the street” reason to obey the law as it
    would be about Justice and not position in society. I want to anticiate that the Tribunal for her removal from office and the President will affirm this.

     

    Now Kenyans have the reason to entrust their lives, property and destiny
    in the Law and in a Judicial system headed by men and women of honour, who truly
    believe that “ Justice is indeed, Our Shield and Defender”.

    That said, we should also be careful to ensure that one is INNOCENT until proven guilty.

  • Anonymous

    as unfortunate as this development may be I urge lady justice Baraza to go andd face the tribunal head on. Am positive that the tribunal will find her innocent of the charges. This being the first case the JSC is handling am not surprised at their verdict, in any case they were playing to the public gallery. A competent and impartial tribunal is the only way out of this.

  • Rosemwanose

    If deputy chief  justice can act like this,wakenya watafanya aje?Ama wakenya siwatapoteza matumaini na majaji?
    so please mwai kibaki fanya kweli,becozy tunataka wale wengine wakaochaguliwa to serve Kenya in truth and justice.