Baraza moves to block her removal from office

August 9, 2012 1:41 pm
According to Kilukumi, the Tribunal acknowledged the notice which it will now forward to the Supreme Court/FILE

, NAIROBI, Kenya, Aug 9 – Suspended Deputy Chief Justice Nancy Baraza has appealed the decision by the Tribunal which recommended her removal from the Judiciary.

Her lawyer Kioko Kilukumi told Capital FM News that they had served the Tribunal with a notice informing it of the intention to challenge the findings.

“Baraza being dissatisfied with the decision/finding and recommendations of the Tribunal constituted to investigate her conduct intends to appeal to the Supreme Court against the whole of the said decision/ findings and recommendation that Baraza be removed from office,” the notice indicated.

According to Kilukumi, the Tribunal acknowledged the notice which it will now forward to the Supreme Court.

The Tribunal which was chaired by former Tanzanian Chief Justice Augustino Ramadhani concluded that Baraza had pinched Kerubo’s nose, brandished a gun at her and caused disturbance at the Village Market.

The Constitution allows Baraza to lodge an appeal at the Supreme Court within 10 days of the Tribunal’s ruling.

The president must now await the verdict of the Supreme Court. If it upholds the Tribunal’s verdict, the President must sack her from office.

The Tribunal found that despite a brilliant career in which Baraza made an outstanding contribution to the nation as an advocate and commissioner of the Constitution Review Commission, there were aggravating factors which show she lacked the temperament and ability to perform judicial functions.

“She didn’t carry herself in the manner anticipated by the Constitution and the Judicial Code of Conduct,” they ruled. “Every single judge has a potential of preserving or tarnishing the integrity of the Judiciary on every occasion,” Tribunal Chairman Ramadhani said.

Baraza was accused of contacting Kerubo and her fellow guard Anthony Makhanu on June 27, a week before the Tribunal was scheduled to start its hearing where she asked them to alter their evidence that she brandished a pistol and threatened to shoot Kerubo.

But Baraza told the Tribunal that she had merely wanted to reconcile with Kerubo.

“This was a very serious undertaking conducted by a judicial officer. We are therefore not convinced the Deputy Chief Justice cannot be expected not to engage in this kind of misconduct or misbehaviour in the future,” they said.

Baraza was appointed last year under the new Constitution, as part of wide-ranging reforms.

It was one of the measures that Kenya undertook to restore confidence in the judiciary and following the incident, the tribunal felt Baraza’s continued stay of in office would deter efforts to promote trust and efficient judicial services in the country.


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