NANCY Baraza has continued going to the office despite being suspended on January 25 as Deputy Chief Justice. President Kibaki announced her suspension on January 25 to allow a tribunal to investigate allegations that she threatened to shoot a security guard at Village Market on New Year's Eve.
Despite the suspension, Baraza has continued to come to work in the morning and leave in the evening for the last two weeks. Eventually the Judicial Service Commission was forced to write to her "clarifying" her terms of suspension, a move that made her finally stay away from the Supreme Court offices yesterday.
"The JSC had been grappling with the issue for the better part of the week but eventually they decided to write to her to clear issue which has now been sorted," said a source familiar with the proceedings. Baraza did not do any official work from the day she was suspended.
"The DCJ is on suspension and she has not been doing judiciary work. However she does come to the office but I do not know what she does there, probably her own private stuff," Chief Registrar Gladys Shollei confirmed yesterday.
The atmosphere around the case has become poisoned with Baraza supporters claiming that it is an ethnic conspiracy. They claim that she is being targeted for removal so that "a Mount Kenya person can get the position". "This issue has become so political that we no longer know what to expect," said a senior government legal officer.
Baraza was suspended on the recommendations by JSC which initially investigated claims by security guard Rebecca Kerubo that Baraza threatened her with a gun and pinched her nose.
The investigating tribunal appointed by Kibaki is headed by Augustino Stephen Lawrence Ramadhan, a former Chief Justice of Tanzania. Other members are Prof Judith Mbula Behemuka, Justice (Rtd) Philip J. Ransley, Surinder Kapila, Beauttah Alukhava Siganga, Grace Barbara Ngele Madoka and Prof Mugambi Jesse Ndwiga Kanyua. Lawyers Valeria Onyango and Gideon Solonka Kilakoi were appointed to aid the tribunal. She, however, moved to court and temporarily stopped the tribunal from summoning her.
Yesterday the The Commission on Administration of Justice wrote to the Director of Public Prosecutions Keriako Tobiko DPP following a complaint by Keruo. She accused his office of maladministration of justice after he said he would not decide on whether to prosecute Baraza until the tribunal had finished its work.
Commission chairman Otiende Amollo is seeking Tobiko’s response while noting that the DPP’s office that cannot be subjected to control or direction.
“In the circumstances, and noting the provisions of Article 47 of the Constitution that requires expeditious, lawful and reasonable administration action, as read with Article 157(11) which requires your office to have regard to the public interests, and the interests of the administration of justice, kindly let us have your response to the stated complaints for consideration,” reads part of the letter. Amolo was concerned by the DPP's move to postpone his decision over Baraza.
The commission, established under the new constitution, has powers to investigate allegations of abuse of power, unfair treatment, injustice or unfair or unresponsive official conduct.
Kerubo wrote to the Commission saying that it was unfair for the DPP to withhold his decision because the tribunal and the criminal process are legally distinct. Kerubo asked whether the DPP’s decision was “maladministration, partial and unfair”.
Her lawyer Irungu Kang’ata argued that most complaints at police stations daily are handled without the intervention of the DPP. He asked the Commission to establish whether the “intervention” was improper and whether Tobiko was usurping the role of a criminal court.
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