Now Baraza in court to block tribunal

Suspended DCJ Nancy Baraza/ FILE
NAIROBI, Kenya, Jan 26 – Suspended Deputy Chief Justice Nancy Baraza has now moved to the High Court to block a tribunal appointed by President Mwai Kibaki barely hours after it was formed.

Baraza wants the High Court to issue a conservatory order restraining any State officer or institution from publishing in the Kenya Gazette the appointment of a tribunal pursuant to a letter to President on January 19.

She also wants the court to block the tribunal from being sworn in or commencing and executing its mandate.

The matter is due to be heard before Justice Mohammed Warsame at 2.30pm on Thursday.

President Kibaki had on Wednesday night suspended Baraza and formed a tribunal to investigate her conduct, following allegations that she pinched a security guard’s nose and threatened to shoot at her.

The action by the Head of State followed recommendations by the Judicial Service Commission (JSC) which demanded that she faces suspension and a probe, after last month’s confrontation with Rebecca Kerubo at the Village Market shopping mall in Nairobi

In a gazette notice issued late on Wednesday, the President said he had formed a seven-member panel to investigate the matter.

The panel includes Augustino Stephen Lawrence Ramadhan, a former Chief Justice of Tanzania, as chairman. The members are Prof Judith Mbula Behemuka, Justice (Rtd) Philip J. Ransley, Surinder Kapila, Beauttah Alukhava Siganga, Grace Barbara Ngele Madoka and Prof Mugambi Jesse Ndwiga Kanyua.

Lawyers Valeria Onyango (Lead Counsel) and Gideon Solonka Kilakoi (Assisting Counsel) were appointed to aid the tribunal.

“The mandate of the tribunal shall be to investigate the conduct of the Deputy Chief Justice, Supreme Court of Kenya, Honourable Lady Justice Nancy Makokha Baraza on the basis of Articles 168 (I)(e); 73(I)(a) and (b); and 75(I) and (2) of the Constitution and the Judicial Service Code of Conduct and Ethics, Legal Notice No. 50 and other relevant laws and matters including but not limited to the allegations contained in the petition by the Judicial Service Commission of Kenya dated 19th January, 2012 and presented to myself regarding the conduct of the Honourable Deputy Chief Justice, Lady Justice Nancy Makokha Baraza,” a dispatch from State House had said.

In the discharge of its functions, the statement said, “The Tribunal shall prepare and submit a report and its recommendations thereon to me expeditiously.”

In the meantime, President Kibaki said: “Honourable Lady Justice Nancy Makokha Baraza, the Deputy Chief Justice, Supreme Court of Kenya stands suspended from exercising the functions of her office with immediate effect according to Article 168(5) of the Constitution.”

The resolution to send a petition to the president was reached at a meeting held by the JSC on January 13, 2012.

Last week, the police re-submitted their investigation report to the Director of Public Prosecutions Keriako Tobiko recommending that Baraza be prosecuted but he is yet to take action.

  • Mtetezi

    Here we go again!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

  • http://pulse.yahoo.com/_GZKTCSODBIYG42LQT3WMBGPGQE Samuel

    Oh my sister- O. While this is your democratic right, i wanna be frank with you ho. There could be chances that you can win but in this one it is becoming very remote with your every move. My sisto, humility pays and our grandparents really talked and impressed this on us. Kindly follow the Benard Chunga approach- fly before the team starts working- just do the most honourable thing that remains for which is to resiget and get your huge pay perk for the unserved period and save yourself. Otherwise you will loose and loose very big in all fronts. Listen to me my sisto as it is already very late for you and there is no room to manouver any further. Your loved disappointed bruder Sam

  • Mbatarejoel

    Best move Nancy! they can not just sacrifice you to show that they are clean

  • Mbatarejoel

    Best move Nancy! they can not just sacrifice you to show that they are clean

  • Mbatarejoel

    Best move Nancy! they can not just sacrifice you to show that they are clean

  • Pratt

    Justice Nacy Baraza is just being illogical and is actually showing how unsuitable she is for that big job. The things she did and acknowledged doing cant be associated with any judicial officers. Judicial officers are supposed to be level-headed people with clear sense of good judgement. However, Lady Justice Baraza miserably failed that simple test. How actually she landed the job in the first place, raises serious questions. May be her only qualification was a false reform sticker! To now attempt to block the obvious, while she has failed to explain her maruading animal conduct, is an insult to the country. One wonders why she is so unremorseful! Perhaps, a reformer sign?

    • Rai Kalume

      Mr Pratt i think you have lost your mind.Important issues like Icc suspects hanging on their Jobs while Baraza stand suspended , this is one isue that you  should be seing a diference in the way all of them Uhuru/Ruto/Baraza are conducting themself interms of their intergritty .So mong the three whom do you think needs to remain in the office ??????????????? .Beacuse you potray yourself as the best Judge .

      • Pratt

        Losing one’s mind is a very strong word pal! However, Uhuru and Muthaura have since stepped down anyway. But they are not accused of personally killing anyone. They are supposedly accused of allowing their supporters to do such things. Thus, there is no connection whatsoever with Baraza’s crazy acts. After all, her job is not even political! It entirely involves pure level-headedness. Clearly you are justisfying her wild conduct by trying to hide it behind ICC cases. That cant wash pal, its only empty propaganda!!!

      • Pratt

        Losing one’s mind is a very strong word pal! However, Uhuru and Muthaura have since stepped down anyway. But they are not accused of personally killing anyone. They are supposedly accused of allowing their supporters to do such things. Thus, there is no connection whatsoever with Baraza’s crazy acts. After all, her job is not even political! It entirely involves pure level-headedness. Clearly you are justisfying her wild conduct by trying to hide it behind ICC cases. That cant wash pal, its only empty propaganda!!!

    • Rai Kalume

      Mr Pratt i think you have lost your mind.Important issues like Icc suspects hanging on their Jobs while Baraza stand suspended , this is one isue that you  should be seing a diference in the way all of them Uhuru/Ruto/Baraza are conducting themself interms of their intergritty .So mong the three whom do you think needs to remain in the office ??????????????? .Beacuse you potray yourself as the best Judge .

    • Rai Kalume

      Mr Pratt i think you have lost your mind.Important issues like Icc suspects hanging on their Jobs while Baraza stand suspended , this is one isue that you  should be seing a diference in the way all of them Uhuru/Ruto/Baraza are conducting themself interms of their intergritty .So mong the three whom do you think needs to remain in the office ??????????????? .Beacuse you potray yourself as the best Judge .

  • Pratt

    Justice Nacy Baraza is just being illogical and is actually showing how unsuitable she is for that big job. The things she did and acknowledged doing cant be associated with any judicial officers. Judicial officers are supposed to be level-headed people with clear sense of good judgement. However, Lady Justice Baraza miserably failed that simple test. How actually she landed the job in the first place, raises serious questions. May be her only qualification was a false reform sticker! To now attempt to block the obvious, while she has failed to explain her maruading animal conduct, is an insult to the country. One wonders why she is so unremorseful! Perhaps, a reformer sign?

  • Pratt

    Justice Nacy Baraza is just being illogical and is actually showing how unsuitable she is for that big job. The things she did and acknowledged doing cant be associated with any judicial officers. Judicial officers are supposed to be level-headed people with clear sense of good judgement. However, Lady Justice Baraza miserably failed that simple test. How actually she landed the job in the first place, raises serious questions. May be her only qualification was a false reform sticker! To now attempt to block the obvious, while she has failed to explain her maruading animal conduct, is an insult to the country. One wonders why she is so unremorseful! Perhaps, a reformer sign?

  • Kundu

    Lady Barasa listen, Have you ever heard of someone openning a can of worms? This is exactly what you are doing! The best way to cover your dirt now is to simply throw in the towel. 0therwise all your dirt will be told to the public and it will be the end of your carrier. You could just continue with your civil society activism for example and life goes on.  

  • Kundu

    Lady Barasa listen, Have you ever heard of someone openning a can of worms? This is exactly what you are doing! The best way to cover your dirt now is to simply throw in the towel. 0therwise all your dirt will be told to the public and it will be the end of your carrier. You could just continue with your civil society activism for example and life goes on.  

  • Kundu

    Lady Barasa listen, Have you ever heard of someone openning a can of worms? This is exactly what you are doing! The best way to cover your dirt now is to simply throw in the towel. 0therwise all your dirt will be told to the public and it will be the end of your carrier. You could just continue with your civil society activism for example and life goes on.  

  • SMK

    I think the strategy here is to prolong the matter as long as possible until public anger dies down and in the  meantime to earn as much salary and enjoy the accompanying state perks as long as possible. But MS. Baraza should get the  hint, WE DON’T WANT YOU!!!!!

  • SMK

    I think the strategy here is to prolong the matter as long as possible until public anger dies down and in the  meantime to earn as much salary and enjoy the accompanying state perks as long as possible. But MS. Baraza should get the  hint, WE DON’T WANT YOU!!!!!

  • SMK

    I think the strategy here is to prolong the matter as long as possible until public anger dies down and in the  meantime to earn as much salary and enjoy the accompanying state perks as long as possible. But MS. Baraza should get the  hint, WE DON’T WANT YOU!!!!!

  • Anonymous

    Even if you win and reinstated, who’s case will you handle in court. not mine.

  • Anonymous

    Even if you win and reinstated, who’s case will you handle in court. not mine.

  • Anonymous

    Even if you win and reinstated, who’s case will you handle in court. not mine.

  • Anonymous

    Uhuru, Muthaura………………………….hehehehehe, mumeonyeshwa njia, now even a chicken thief can block the courts(poor him if he has any money)

  • Anonymous

    Uhuru, Muthaura………………………….hehehehehe, mumeonyeshwa njia, now even a chicken thief can block the courts(poor him if he has any money)

  • Anonymous

    Uhuru, Muthaura………………………….hehehehehe, mumeonyeshwa njia, now even a chicken thief can block the courts(poor him if he has any money)

  • Annenjoroge_2001

    This is not a new Kenya.  NO !   we were blind but now we see

  • Annenjoroge_2001

    This is not a new Kenya.  NO !   we were blind but now we see

  • Annenjoroge_2001

    This is not a new Kenya.  NO !   we were blind but now we see

  • Annenjoroge_2001

    This is not a new Kenya.  NO !   we were blind but now we see

  • Annenjoroge_2001

    This is not a new Kenya.  NO !   we were blind but now we see

  • Annenjoroge_2001

    This is not a new Kenya.  NO !   we were blind but now we see

  • Annenjoroge_2001

    mmmmmmmmmmmmmmmmmmmmmmmmmmmmmm

  • Annenjoroge_2001

    mmmmmmmmmmmmmmmmmmmmmmmmmmmmmm

  • Annenjoroge_2001

    mmmmmmmmmmmmmmmmmmmmmmmmmmmmmm

  • koirotwet

    Nancy, you loose your moral standing and forfeit your obligation to give any judgement from this appeal you have taken. I wonder why common sense seems to elude you even when you hold such an esteemed high office…we WOULD be excused to think that there is problem with your higher centres, might you be having an personality disorder. you remind us of miguna miguna

  • koirotwet

    Nancy, you loose your moral standing and forfeit your obligation to give any judgement from this appeal you have taken. I wonder why common sense seems to elude you even when you hold such an esteemed high office…we WOULD be excused to think that there is problem with your higher centres, might you be having an personality disorder. you remind us of miguna miguna

  • koirotwet

    Nancy, you loose your moral standing and forfeit your obligation to give any judgement from this appeal you have taken. I wonder why common sense seems to elude you even when you hold such an esteemed high office…we WOULD be excused to think that there is problem with your higher centres, might you be having an personality disorder. you remind us of miguna miguna

  • Nicholas Ronoh

    Nancy, you loose your moral standing and forfeit your obligation to give any judgement from this appeal you have taken. I wonder why common sense seems to elude you even when you hold such an esteemed high office…we WOULD be excused to think that there is problem with your higher centres, might you be having an personality disorder. you remind us of miguna miguna

  • Nicholas Ronoh

    Nancy, you loose your moral standing and forfeit your obligation to give any judgement from this appeal you have taken. I wonder why common sense seems to elude you even when you hold such an esteemed high office…we WOULD be excused to think that there is problem with your higher centres, might you be having an personality disorder. you remind us of miguna miguna

  • Nicholas Ronoh

    Nancy, you loose your moral standing and forfeit your obligation to give any judgement from this appeal you have taken. I wonder why common sense seems to elude you even when you hold such an esteemed high office…we WOULD be excused to think that there is problem with your higher centres, might you be having an personality disorder. you remind us of miguna miguna

  • Nicholas Ronnoh

    Nancy, you loose your moral standing and forfeit your obligation to give any judgement from this appeal you have taken. I wonder why common sense seems to elude you even when you hold such an esteemed high office…we WOULD be excused to think that there is problem with your higher centres, might you be having an personality disorder. you remind us of miguna miguna

  • Nicholas Ronnoh

    Nancy, you loose your moral standing and forfeit your obligation to give any judgement from this appeal you have taken. I wonder why common sense seems to elude you even when you hold such an esteemed high office…we WOULD be excused to think that there is problem with your higher centres, might you be having an personality disorder. you remind us of miguna miguna

  • Nicholas Ronnoh

    Nancy, you loose your moral standing and forfeit your obligation to give any judgement from this appeal you have taken. I wonder why common sense seems to elude you even when you hold such an esteemed high office…we WOULD be excused to think that there is problem with your higher centres, might you be having an personality disorder. you remind us of miguna miguna

  • Bobo

    Nancy’s new move is the epitome of impunity & it has no place in the Kenya that we envisaged. Uhuru, Muthaura have stepped aside just like Ruto & Kosgey did. We, as Kenyans, set a new precedent for ourselves but she is taking us back. She should just have allowed the tribunal to investigate her, if she truly believes in the spirit of the new Constitution. She clearly doesn’t- that’s such a huge blow. She reminds me of Amb Bethuel Kiplagat.

  • Bobo

    Nancy’s new move is the epitome of impunity & it has no place in the Kenya that we envisaged. Uhuru, Muthaura have stepped aside just like Ruto & Kosgey did. We, as Kenyans, set a new precedent for ourselves but she is taking us back. She should just have allowed the tribunal to investigate her, if she truly believes in the spirit of the new Constitution. She clearly doesn’t- that’s such a huge blow. She reminds me of Amb Bethuel Kiplagat.

  • Bobo

    Nancy’s new move is the epitome of impunity & it has no place in the Kenya that we envisaged. Uhuru, Muthaura have stepped aside just like Ruto & Kosgey did. We, as Kenyans, set a new precedent for ourselves but she is taking us back. She should just have allowed the tribunal to investigate her, if she truly believes in the spirit of the new Constitution. She clearly doesn’t- that’s such a huge blow. She reminds me of Amb Bethuel Kiplagat.

  • Jasmwangi07

    Nancy
    You are not a politician who says something and forget it with a slight change of weather !Am sorry that your move holds no water.The new constitution spares no one at all if Muthaura and Uhuru have stepped aside.Thanks.

  • Jasmwangi07

    Nancy
    You are not a politician who says something and forget it with a slight change of weather !Am sorry that your move holds no water.The new constitution spares no one at all if Muthaura and Uhuru have stepped aside.Thanks.

  • Jasmwangi07

    Nancy
    You are not a politician who says something and forget it with a slight change of weather !Am sorry that your move holds no water.The new constitution spares no one at all if Muthaura and Uhuru have stepped aside.Thanks.

  • Songianam

    Why would the suspended DCJ even contemplate this move.
    When guys voted the new constitution no one thought it would be like this.. DOUBLE EDGED SWORD.

  • Songianam

    Why would the suspended DCJ even contemplate this move.
    When guys voted the new constitution no one thought it would be like this.. DOUBLE EDGED SWORD.

  • Songianam

    Why would the suspended DCJ even contemplate this move.
    When guys voted the new constitution no one thought it would be like this.. DOUBLE EDGED SWORD.

  • tame

    strength of a Woman???!!!

  • tame

    strength of a Woman???!!!

  • tame

    strength of a Woman???!!!

  • Anonymous

    Boy am i loving this constitution ! inakata mbele na nyuma !

  • Anonymous

    Boy am i loving this constitution ! inakata mbele na nyuma !

  • Anonymous

    Boy am i loving this constitution ! inakata mbele na nyuma !

  • SMK

    Nancy is seemingly unfit to hold a major office that requires the holder to
    be self controlled and dispassionate (“as sober as a judge”), fair to
    all (deem all to be equal before the law), and publicly respected (would
    any of you want your very important cases to go before Judge Baraza).

    She,I believe, disgraced herself and her office, showed herself to be
    prone to nigger moments (lack of self control and inability to see the
    bigger picture before acting), exhibited diva tendencies (demanding more
    than three bodyguards),   suggested she is a spoilt mama  bila
    adabu, and further suggested that the office may be too big for her ( why all the
    “do you know who I am” behavior) .

    She also showed herself to have callous disregard for the law (handling a gun without a license),  to
    be a disrespectful class conscious snob who does not believe in
    equality (harassing guards, jumping queues, “I am too important be frisked”,”know
    people”). 

    It also seemed that she may not be beyond corruption, by
    trying to buy off the victim thro’ emissaries who were offering bribes
    to the victim before tv cameras in  vernacular Kisii, and also that she
    may not be a fair person as she seemed to fight  dirty when the professional PR guy
    tried to sell a story that the victim wanted to extort 3m. 

    Finally, by
    not asking Luhya MPs to lay off what is a professional employment
    matter, she seems to accept  the tribal way of doing things(So
    can one now agree to have their case against a Luhya tried before her, or say, a big important case
    against, say, Pan Paper or Mumias sugar ??)

  • SMK

    Nancy is seemingly unfit to hold a major office that requires the holder to
    be self controlled and dispassionate (“as sober as a judge”), fair to
    all (deem all to be equal before the law), and publicly respected (would
    any of you want your very important cases to go before Judge Baraza).

    She,I believe, disgraced herself and her office, showed herself to be
    prone to nigger moments (lack of self control and inability to see the
    bigger picture before acting), exhibited diva tendencies (demanding more
    than three bodyguards),   suggested she is a spoilt mama  bila
    adabu, and further suggested that the office may be too big for her ( why all the
    “do you know who I am” behavior) .

    She also showed herself to have callous disregard for the law (handling a gun without a license),  to
    be a disrespectful class conscious snob who does not believe in
    equality (harassing guards, jumping queues, “I am too important be frisked”,”know
    people”). 

    It also seemed that she may not be beyond corruption, by
    trying to buy off the victim thro’ emissaries who were offering bribes
    to the victim before tv cameras in  vernacular Kisii, and also that she
    may not be a fair person as she seemed to fight  dirty when the professional PR guy
    tried to sell a story that the victim wanted to extort 3m. 

    Finally, by
    not asking Luhya MPs to lay off what is a professional employment
    matter, she seems to accept  the tribal way of doing things(So
    can one now agree to have their case against a Luhya tried before her, or say, a big important case
    against, say, Pan Paper or Mumias sugar ??)

  • SMK

    Nancy is seemingly unfit to hold a major office that requires the holder to
    be self controlled and dispassionate (“as sober as a judge”), fair to
    all (deem all to be equal before the law), and publicly respected (would
    any of you want your very important cases to go before Judge Baraza).

    She,I believe, disgraced herself and her office, showed herself to be
    prone to nigger moments (lack of self control and inability to see the
    bigger picture before acting), exhibited diva tendencies (demanding more
    than three bodyguards),   suggested she is a spoilt mama  bila
    adabu, and further suggested that the office may be too big for her ( why all the
    “do you know who I am” behavior) .

    She also showed herself to have callous disregard for the law (handling a gun without a license),  to
    be a disrespectful class conscious snob who does not believe in
    equality (harassing guards, jumping queues, “I am too important be frisked”,”know
    people”). 

    It also seemed that she may not be beyond corruption, by
    trying to buy off the victim thro’ emissaries who were offering bribes
    to the victim before tv cameras in  vernacular Kisii, and also that she
    may not be a fair person as she seemed to fight  dirty when the professional PR guy
    tried to sell a story that the victim wanted to extort 3m. 

    Finally, by
    not asking Luhya MPs to lay off what is a professional employment
    matter, she seems to accept  the tribal way of doing things(So
    can one now agree to have their case against a Luhya tried before her, or say, a big important case
    against, say, Pan Paper or Mumias sugar ??)

  • sleepy watchie

    This will continue to happen if we use gender balance,equity and other criterion other than merit and competence.activism is good but on the other hand short comings will continue to be experienced.Baraza is an example of this fraud in the whole circus that is recruitment of Judicial officers.

  • Teddmoni

    the more u get defensive, the more it sounds the opposite!!

  • http://www.facebook.com/sologish Gichira Peter

    Interesting move Hon. Lady Justice. Honour goes with conduct and such makes a lady. Now justice is quite out of all this. Pole but, whatever the reasons, it is not looking any brighter for you ahead DCJ-in-suspension.

    I think yours is a precedence that will in many years to come will form basis for strong future reference when the appointment of a state officer from the civil society comes up.

    Good  luck though Madam Hon. Lady Justice

    • Pratt

      Majority of civil society fellows are mere scavengers with very limited morality. They hardly care what they do as long as funds keep flowing. Its even insulting to call them reformers. They are just like the ODM fellows who believe reform is only real when things are going their way. However, when they take a different turn, thats certainly anti-reform to them. This is pure nonsense for the country! Wild conduct belongs to its owner. Baraza is only trying to push water up hill. It cant work. She was never a reformer but aligned to merchants of deceit, whose only reform credentials was the empty noise they made. Beyond that, there is nothing to show for all the shouting, regardless of the high offices they assumed nearly half a dacade ago.
      Needless to say, conmen have since learned to hide behind reform banner in order to confuse Kenyans. They are playing KANU in the 80’s and early 90’s! As long as you shouted loudest “KANU damu” you were untouchable. And these empty malicious amateurs are now the pretenders to reform, its so sickening!!!!

  • Elijah Andika

    It is high time those in authority realized that they are not allowed to bend the laws they set up. And also they should have respect for mankind regardless of ones social status. The work of a toilet cleaner must be respected and the cleaner regarded by all. Just a minute, we are all equal before the our maker – God. If you despise a small man in the society, you are despising the maker of that person and hence He abases you right a way! That is what is happening with Nancy Baraza.

  • Jane

    Baraz also has her rights. Those who want her out to pave way for njoki will not manage so easily. She is not going down without a fight

  • Jane

    Why did Kerubo leave her
    security desk unmanned to chase after Baraza?  Who was going to inspect
    the other women who came after Baraza from a security standpoint? 
    Was Kerubo  not trying to prove a point?  Did she not also have her own
    Machiavellian method to settle scores with a woman she deemed ‘elite’
    and rushed after her to ‘put her in her place’?  Protocol demands that
    if you find that you have been bypassed as a security guard, rather
    than leave your post, you ought to seek the assistance of a supervisor.
    You must not engage in confrontation.

    It is not even clear whether in Baraza’s case she
    endured a level of harassment by Kerubo due to her gender, to warrant
    her reaction, or whether this was just a joke that took a sinister
    turn.  The whole saga could have been a big joke rather than the cruel,
    gendered assault it has dissolved into. Sadly, it has been blown out of
    proportion and resulted into national debate on ‘Ngoma cia aka’ – Women
    madness.

    If Nancy Baraza did pinch Esther Kerubo, then she
    committed a crime but the vitriolic responses from the general public,
    and the reaction of the Judicial Service Commission (JSC), displayed in
    different media outlets, have not been commensurate with her crime. 
    They seem too quick to vilify and crucify Baraza and what her
    personality stands for – an elite Kenyan woman, who holds a high public
    office, and one who is not reliant on a man for survival. This is the
    image those who vilify her are reacting against and that is why the
    vitriol is disproportionately larger than her crime.  Her enemies
    wrestle with the fear that more Kenyan women will ascend to high
    office, liberate themselves from patriarchal inhibitions, and wield
    some power, so Baraza must be dealt with as a ‘sacrificial lamb’ to
    assuage their fears.
     

    • geofry

      Well said. Suppose Baraza obliged for the normal inspection then proceed to launch a complain of harassment with management? Better still invite the lady for a brief one-on-one or even cup of tea? If anything am 100% sure that Baraza is more educated and enlightened than Kerubo. Or is it “a woman is a woman”? I saw another one from Australia running away from some harmless demonstrators until she lost her shoe. All the while she was not even the target.

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