Tuesday, January 10, 2012

Team to probe Baraza unveiled



By Wahome Thuku and Moses Njagih

An eight-member committee drawn from the Judicial Service Commission will investigate Deputy Chief Justice Ms Nancy Baraza.
On Monday, Chief Justice Dr Willy Mutunga unveiled the committee tasked to establish the facts surrounding an alleged scuffle between his deputy and a private security guard Ms Rebecca Kerubo last week.
The incident elicited massive public interest and widespread debate. The committee was constituted during a two-hour closed-door meeting of the JSC at the Supreme Court on Monday afternoon.The team will look at the police file on the investigations into the incident at Village Market shopping Mall, in which the DCJ is accused of having assaulted the guard, the Chief Justice confirmed.
Baraza has since denied the claims by Kerubo that she drew a gun on her when asked to a thorough security check at the upscale Village Market shopping mall.
Kerubo claims that the DCJ pinched her nose when she followed her into a pharmacy insisting that she submits her handbag for a security check.
Baraza who has been on the receiving end from the public over what she called an unfortunate incident, got consolation on Monday when the Law Society of Kenya opposed calls to have her step down.
The LSK said in a statement that the DCJ should remain in office until sufficient facts against her conduct are fully investigated.
Monday’s JSC meeting attended by all commissioners was called by the CJ on January 5 to discuss the matter. Mutunga then told the country that the Judiciary would carry parallel internal investigations to those being of the police.
But Monday’s session was not intended to be a formal hearing and Baraza did not attend. She is not a member of the JSC and was not in her office, only a few rooms from the meeting venue.
A lawyer sent to represent Kerubo was informed that the meeting was a closed-door affair.
Briefing the media after the meeting, Mutunga said the team has up to Friday 2.30pm to hand in a report on the investigations. He said the police file on the case would comprise part of the evidence that will go to the committee for consideration.
Rev Samuel Kobia chairs the committee. Other members are Prof Christine Mango, Justice Isaac Lenaola, Mrs Florence Mwangangi, Mr Ahmednasir Abdullahi, Mr Titus Gateere, Ms Emily Ominde and Mrs Gladys Shollei as secretary.
It will receive any available evidence from all quarters on the incidence.
It will also assess the weight of a petition made by one Peter Gichira Solomon demanding the removal the removal of the DCJ as a judge under Article 168 of the constitution.
The committee will also look at a request made by political activist Okiya Omtatah Okoiti for Ms Baraza to step aside pending investigations. It will also analyse the security camera footage taken from the scene of the incident.
"Upon receipt and deliberations on the committee’s report, the commission shall be in a position to make a final decision on the matter," the CJ told a news briefing outside the Supreme Court.
Mutunga urged all those with any information on the incidence to forward it to the committee at the JSC secretariat, at the Supreme Court.
"I wish to assure all Kenyans that the commission will handle this matter with utmost fairness, independence and fidelity to the constitution," Mutunga said.
In their statement earlier in the day, the LSK dismissed those already calling on Baraza to resign and pave way for investigations over her alleged assault on Kerubo, arguing that it would be wrong for the DCJ to resign before the true picture of the matter is established.
Addressing the press at their offices, the LSK council said there have been differing accounts of what happened during the incident. Consequently, the council argued that it would only be fair and just for Baraza to stay in office until the police and the JSC establish the true facts.
"If the facts advanced against her are convincing, we will be the first to ask her to resign, but for now we are advising her to stay in office and wait for the outcome of the investigations," said LSK Chairman Mr Kenneth Akide.
But even as the body urged Baraza to stay put, at least for now, it called on the police and JSC to expedite investigations, exercising fairness to both parties. They cautioned the investigating bodies against making a hasty decision driven by the fact that the incident is of great public interest.
"We want to caution that the principles of justice and the cornerstone of the rule of law is that no one should be condemned unheard," said Akide.
LSK warned that the manner in which the Judiciary and the Police handle the investigations would be critical, and called for clear evaluation of the evidence before any action is taken.
The lawyers’ body said it would summon its two representatives at the JSC, Mr Ahmednasir and Ms Mwangangi, to give them the LSK’s brief on the matter.
"We will also want them to inform us what positions they have taken over the matter," said Akide who spoke before the CJ announced the formation of the JSC committee to probe the matter.
"The manner in which this matter is handled will be a test case to demonstrate whether as individuals, institutions and as a society, we are capable of adhering to the rule of law, which we have fought for so hard", he added.
The position taken by LSK differs with that given by another lobby of lawyers, the Young Lawyers Group, who have called for Baraza’s resignation to pave way for investigations.
However, while the LSK council said the group was free to air their views, the policy position of lawyers is only issued through the umbrella body.
"We do not think that Baraza is at a position where she can influence the investigations, since she is not even a member of the JSC," said Akide.

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