Thursday, August 9, 2012

They believed KERUBO and not NANCY Baraza – Here come the APPEAL


They believed KERUBO and not NANCY Baraza – Here come the APPEAL


Thursday August 9, 2012 - Suspended Deputy Chief Justice Nancy Baraza has said she will appeal against the ruling of the tribunal declaring her to be sacked for gross misconduct and misbehavior.

Through her lawyer Kioko Kilukumi, Baraza said she will present various legal challenges touching on the suitability of Supreme Court President Chief Justice Willy Mutunga and judge Smoking Wanjala to sit and determine her fate.

Top lawyers are in agreement that Mutunga and Wanjala’s double roles as judges of the highest court and members of the Judicial Service Commission may complicate the matter raising tough legal hurdles for Baraza to get a fair hearing.

Kilukumi said her client did not get a fair hearing since the tribunal relied too much on Kerubo’s evidence.

In their findings on Monday, the tribunal found Kerubo evidence credible while Baraza’s evidence was declared unsatisfactory to meet the required legal threshold.

Baraza was declared unfit to serve in the judiciary on Monday after a tribunal formed to investigate her found her conduct wanting.

They recommended to President Mwai Kibaki to remove her from office for “gross misconduct and misbehavior”.

The Kenyan DAILY POST

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