Saturday, January 14, 2012

Baraza recalled as team ends its probe



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Deputy Chief Justice Nancy Baraza was recalled by the team investigating the incident in which she is alleged to have threatened a security guard at city shopping mall on New Year's eve. Justice Baraza was recalled to clarify some issues by the team led by the Rev Sam Kobia which is today expected to present its report to the Judicial Service Commission.
Justice Baraza appeared before the team on Tuesday, the same day as the complainant, security guard Rebecca Kerubo Morara who says that the judge tweaked her nose and threatened her with a gun when she attempted to frisk her.
Yesterday, the Star learnt that there was another complaint against Justice Baraza that was pending before the judicial oversight body. A witness who appeared before the team yesterday said he had been assaulted when he went to Justice Baraza's office. Brysion Mangla said he visited Justice Baraza's office on September 20 last year seeking audience with her. He said he was beaten by the security guards and thrown out of the office when he attempted to forcefully open the door to see her.
Rev Kobia declined to comment about this or any other complaints. “Our mandate is only to investigate the Village Market matter. Once we analyze our findings, we shall present our report to the full judicial service commission and if the commission at that point feels there is need to broaden it, we will do so,” he said. By yesterday, the team had received evidence from 16 witnesses including Justice Baraza, Kerubo and her husband, Bernard Morara.
Others who appeared before the probe team are Jared Obonyo (acting chief security officer at village market), Anthony Makhanu (security guard), Peter Muhinde(provincial criminal investigative officer), Mohammed Amin (In charge of serious crimes at the CID), Peter Mungai (DCIO gigiri), Dr Gerald Watigo who works at the chemist the judge went and Eric Omondi (justice Baraza’s driver) among others.
The team was formed by the judicial service commission on Monday after Chief Justice Willy Mutunga called for an emergency meeting to discuss conduct of his deputy. At the time, Justice Mutunga gave an assurance that there was nobody or institution above the law and promised to uphold the constitutional provision of equality above the law. The team was established soon after Justice Baraza issued a press statement in which she described the incident as "unfortunate" and blamed it on security apprehension on her part after as she had been receiving death threats in the past few months.

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