DPP ponders report seeking Baraza’s trial

January 10, 2012 3:25 pm


The State counsels will advise the DPP whether to prosecute Baraza/FILE
NAIROBI, Kenya, Jan 10 – The Director of Public Prosecutions (DPP) on Tuesday constituted a team of senior State counsels to analyse a CID probe report over the gun drama involving Deputy Chief Justice Nancy Baraza at the Village Market on New Year’s eve.

This process will go parallel to the one initiated by the Judicial Service Commission which formed a sub-committee to probe the same saga.

According to sources, the State counsels are expected to advise the DPP whether to prosecute Baraza over allegations made by security guard Rebecca Kerubo as recommended by the Criminal Investigations Department.

It has emerged that the CID forwarded a report to the DPP recommending Baraza’s prosecution on Monday.

The report was forwarded as Chief Justice Dr Willy Mutunga named a seven-member Judicial Service Commission (JSC) sub-committee to also carry out a probe following the incident that has attracted heated public debate.

The team was at the Village Market shopping mall earlier on Tuesday conducting its investigation.

Meanwhile, the incident has spurred public emotion with some members of the civil society calling for her to step aside until investigations are completed. Two Kenyans have also petitioned the JSC seeking her removal from office.

Regional Development Minister Fred Gumo urged Kenyans to wait for conclusion of the ongoing investigations before making judgment based on hearsay.

Lugari MP Cyrus Jirongo also echoed Gumo’s stand as he explained it was wrong for the public to judge Baraza based on rumours. He also said the incident should not be mixed with politics likely to affect the investigations.

“Nancy Baraza is not a special kind of woman, in spite of her position. But she is a Kenyan. She too is entitled to due process de-linked from political intrigue that many of us are witnessing She is innocent until proven guilty beyond reasonable doubt,” he asserted.

Jirongo also wondered why information regarding Baraza was leaked out yet investigations had not been concluded, “The unprofessional decision by some elements within the Kenya Police to leak the Judge’s CID report to the media before handing it over to the JSC is obviously meant to inflame public emotions and suggest guilt. This does not augur well for a fair process which was meant to be handled and determined professionally.”

He further expressed concerns that some lobby groups had self interests that triggered them to act so fast to ask for her resignation.

“The continuous trial by lobby groups – some of whom are political guns for hire – point to the fact that the public lynching of Baraza is being fuelled to force her out of office before JSC assesses all the facts. Why are some members of the political class so impatient to get rid of her before Friday?” he asked.

The JSC is expected to make public its findings about the incident on Friday afternoon. Chief Justice Dr Willy Mutunga, on Monday said the committee will get reports from the police besides carrying out its own investigations.


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