Tobiko was correct on Baraza trial: Muite

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By NATION CORRESPONDENT
Posted  Sunday, February 5  2012 at  22:30

Lawyer Paul Muite has welcomed a decision by the Director of Public Prosecutions to wait until a tribunal probing the conduct of suspended deputy Chief Justice Nancy Baraza concludes its work before he decides whether to charge her.

But the same decision has been criticised by a non-governmental organisation saying that it showed Mr Keriako Tobiko’s “inability and unwillingness” to prosecute high profile cases. (READ: Decision on Baraza trial shelved)

Mr Muite, who is representing the Judicial Service Commission in a court case Ms Baraza has filed challenging the tribunal appointed to probe her conduct, said she would be subjected to double jeopardy if the parallel legal processes are allowed to continue.

“The decision of the DPP to await the decisions of the High Court and the tribunal before deciding whether or not to prefer charges is eminently sensible and appropriate,” Mr Muite said in a statement.

But the International Center for Policy and Conflict executive director Ndungu Wainaina said the DPP has performed below public expectations.

In a statement, Mr Wainaina said that Mr Tobiko’s decision showed his unwillingness to deal with Ms Baraza as well as a number of cases involving “high profile or politically connected people”.

Ms Baraza is under investigation for professional and criminal misconduct.