, NAIROBI, Kenya Oct 18 – Suspended Deputy Chief Justice Nancy Baraza has now resigned.
Baraza quit the Judiciary on Thursday afternoon, saying she was not likely to get a fair hearing at the Supreme Court.
“I have this 18th day of October 2012 tendered my resignation as the Deputy Chief Justice and Vice-President of the Supreme Court of Kenya to the Judicial Service Commission,” Baraza said in a statement.
She said her worries stem from a recent TV interview by Chief Justice Willy Mutunga who endorsed findings of a tribunal against her since he chairs the Supreme Court.
“The Chief Justice in a recent television interview endorsed the tribunal recommendations against me which are the subject of my appeal. This has compound my fears that I will not get a fair trial before a bench in which he will participate,” Baraza said.
She added: “Although I have preferred an appeal in the supreme court challenging the recommendations of the tribunal set up to probe my conduct, I do not see myself getting a fair and impartial hearing before the court as currently constituted.”
She said she does not have confidence in the Supreme Court hearing her appeal of the tribunal findings due its composition.
“Two of the judges sat at the Judicial Service Commission which petitioned the president to appoint the tribunal that probed my conduct. They cannot therefore, logically and legally sit on my appeal,” Baraza argues.
Baraza maintains she is innocent and terms findings of the tribunal as most injudicious and not founded on known legal principles.
“I still reject the tribunal findings which I found most injudicious and not founded in known principles of law. However, our country is bigger and greater than any one of us,” she said.
Baraza was suspended by President Mwai Kibaki on January 25, 2012 when he formed a tribunal to investigate her conduct, following allegations that she pinched a security guard’s nose and threatened to shoot at her.
The incident is alleged to have occurred at the Village Market shopping mall here in Nairobi at the end of last year.