, NAIROBI, Kenya, Jan 18 – The police have re-submitted a criminal investigation file on Deputy Chief Justice Nancy Baraza to the Director of Public Prosecutions (DPP).
The file had been sent back to them last Thursday because it lacked what DPP Keriako Tobiko termed as ‘crucial information and statements’ which can sustain a case in court. The file was sent back to Tobiko on Wednesday.
Tobiko had wanted the police to get more evidence from witnesses, particularly at the Village Market to determine whether or not Baraza had indeed drawn a gun as alleged because witness statements they submitted were contradictory.
“The investigations have been finalised and the file has been taken back to the DPP’s office,” a detective at the CID headquarters said.
An official at the DPP’s office confirmed they had received the file which he said will be analysed by a team of legal experts before a verdict is made.
Tobiko has the discretion to either reject or accept the recommendations made by the CID who want Baraza charged. In the event Tobiko agrees with the police, Baraza could find herself in the dock, regardless of the Judicial Service Commission (JSC) process.
Already, the JSC has resolved to send a petition to President Mwai Kibaki to suspend the Deputy Chief Justice following her confrontation with security guard Rebecca Kerubo that occurred at the Village Market shopping mall.
Chief Justice Willy Mutunga announced last week that the JSC would also ask the president to form a tribunal to investigate her conduct. It is understood the JSC has already sent the petition to President Kibaki’s office.
Baraza is alleged to have pinched the nose of security guard before allegedly threatening to shoot her when she pursued her to demand that she undergoes a routine security check subjected to all mall visitors.