Monday, January 16, 2012

Baraza: No retreat, no surrender



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By PATRICK MAYOYO pmayoyo@ke.nationmedia.com
Posted  Sunday, January 15  2012 at  22:30
Embattled Deputy Chief Justice Nancy Baraza on Sunday broke her silence and said she was ready to face the tribunal that will be set up to investigate her conduct.
Speaking for the first time since she was accused of assaulting and threatening a Village Market security guard, Ms Rebecca Kerubo, Lady Justice Baraza said she welcomes and respects the decision of the Judicial Service Commission (JSC).
On Friday, the JSC recommended her suspension over the allegations levelled against her.
The commission asked President Kibaki to appoint a tribunal to investigate her conduct in line with Article 168 (4) of the Constitution.
On Sunday, in a telephone interview with the Nation, Ms Baraza said she had not misbehaved.
“I want to go through the due process so that my side of the story can come out,” she said.
The Deputy CJ said she needed to be left alone so that she can prepare for the tribunal. She has retained lawyers George Oraro, Chacha Odera and Cyprian Wekesa to act for her on the matter.
“My case is in the able hands of lawyers and people should leave me alone,” she said.
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Sent petition to President
After receiving a report from the JSC committee established to investigate the matter, Chief Justice Willy Mutunga announced that the commission will send a petition to the President with a view of suspending Ms Baraza as judge and deputy president of the Supreme Court and to appoint a tribunal to investigate her conduct.
Article 168 of the Constitution says a judge of a superior court may be removed from office for gross misconduct or misbehaviour.
The removal may be initiated by the JSC acting on its own motion, or on a petition to the commission.
The President shall, within 14 days of receiving the petition, suspend the judge from office and appoint a tribunal to probe the matter.
The tribunal should consist of a chairperson and three other members qualified to sit in a superior court. Those to be appointed must not have been members of the JSC at any time within the past three years. If suspended, Ms Baraza will be on half pay until she is either removed from office or reinstated.
Dr Mutunga said the committee threw out a petition by Mr David Gichira to remove Ms Baraza from office. “This petition, under close scrutiny by the sub-committee that was investigating the matter, was found to be devoid of any material substance to act upon under Article 168 of the Constitution. It was therefore dismissed.”
Ms Kerubo alleges that the judge pinched her nose when she confronted her after ignoring security screening during the New Year’s eve incident.
She allegedly admonished her, asked her bodyguard to shoot her and then brandished a pistol when the officer refused to do as ordered.
Last week, the Director of Public Prosecutions said that there was not enough evidence to prosecute Ms Baraza on gun charges as recommended by the police.
He said the case put together by the police had gaps, inconsistencies and contradictions.

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