Kerubo’s lawyers locked out of Baraza tribunal

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Updated 8 hrs 6 mins ago

By Wahome Thuku

Rebecca Kerubo, the security guard who has accused Deputy Chief Justice Nancy Baraza of assaulting her got a rude shock after her lawyers were locked out of a tribunal investigating the matter.

One of her lawyers, George Maosa, was asked to leave the tribunal chamber at the Kenyatta International Conference Center (KICC) during the introductory session on Monday morning.

The second lawyer, Irungu Kang’ata, was informed on Tuesday morning that Ms Kerubo would not be represented at the tribunal since she is a witness.

Irungu told The Standard that the tribunal headed by Tanzania’s former chief justice Augustine Ramadhan had decided that Kerubo’s rights would be taken care of by the lead counsel from the Director of Public Prosecution’s office.

The move heightened secrecy surrounding the proceedings, which are being held behind closed doors at Shimba Hills hall.

“The DCJ is represented by three lawyers and Kerubo has an equal right to be represented by a lawyer of her choice,” Kang’ata lamented.

Baraza was suspended in January following accusations that she had assaulted Kerubo, a security guard at the Village Market shopping Mall in Gigiri.

Baraza allegedly assaulted Kerubo for not recognising her as the DCJ and later threatened to shoot her. But she has denied the allegations, saying she did not carry any firearm.

After preliminary inquiries the Judicial Service Commission asked President Kibaki to set up a tribunal to investigate the allegations.

The tribunal comprises of Ramadhan, former University of Nairobi don Prof Judith Behemuka, retired High Court judge Philip Ransley, Surinder Kapila, Beuttah Siganga, Grace Madoka and Prof Mugambi Kanyua.

Soon after the suspension, Baraza moved to the High Court and managed to have the investigation suspended on the ground that her rights would be violated.

In March, judges Mohammed Warsame, George Odunga and Hellen Omondi ruled there was no evidence her rights would be violated.

The tribunal has indicated they are respecting Baraza’s wish to have the investigation conducted in private.

In 2003 two similar judicial tribunals set up to investigate suspended judges held their proceedings in public at the Anniversary Towers. Witnesses before the tribunals were also allowed to go with their lawyers.

On Monday Kerubo wept as Maosa escorted her out of the chamber. She was expected to testify before the panel on Tuesday.

Kang’ata said the office of the DPP had already taken sides in the matter by failing to prosecute the DCJ on the ground that a tribunal had been formed to investigate the matter.