Nancy Baraza.Photo/File
THE Government paid former Deputy Chief Justice Nancy Baraza Sh25 million to drop her appeal following her dismissal from the judiciary.
The decision was arrived at to pave way for her replacement in order to have a full bench at the Supreme Court ahead of the March 4 general election.
The judiciary made the recommendation for the payment, which was effected in December last year, saying the Supreme Court may not be properly constituted to deal with any arising presidential election petition.
"It is therefore resolved to propose an out of court settlement with the suspended Deputy Chief Justice to allow for time to hire a new once for the sake of the stability of the country," a judicary brief in November last year said.
However despite the move, Baraza's replacement Kalpana Rawal was appointed in June this year, more than a month after the Supreme Court handled the presidential poll petition.
The approval for the payment was confirmed by the then Head of Public Service Francis Kimemia in a confidential letter to Treasury on November 23, last year.
"It has been decided that Sh25 million be the quantum exit package for Ms Nancy Baraza who resigned as Deputy Chief Justice to pave way for the appointment of a new Deputy Chief Justice and full bench ahead of the general election. Please avail the funds urgently," Kimemia wrote to the then Finance PS Joseph Kinyua.
Baraza officially left the judiciary on October 18 last year following the settlement and had her appointment revoked by former President Kibaki on October 30.
Baraza was found to have been culpable and unfit for office after she was accused of pinching a guard's nose at the Village Market shopping mall on December 11, 2011.
She however appealed the tribunal's decision only to announce her resignation on October 18.
According to documents seen by the Star, Baraza would have been paid between Sh35 million and Sh75 million had she worked for five years.
The proposals were prepared from three scenarios with the first one only using the basic salary for every month served resulting in Sh35 million for the five years.
The second scenario factoring in allowances would see the DCJ get Sh60 million after the five years. The third scenario factors in a Sh7 million car allowance and Sh130,000 car maintenance per month totalling to Sh75 million for five years.
The second scenario is what used to calculate Baraza's exit pay, as she had served in the judiciary for less than two years.
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