Tobiko: Baraza may still face charges

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By DAVE OPIYO dopiyo@ke.nationmedia.com
Posted  Saturday, October 20  2012 at  23:30

IN SUMMARY

• Director of Public Prosecutions Keriako Tobiko on Saturday said unless Ms Kerubo withdraws her complaints, he will have no choice but move ahead and prefer charges against Justice Baraza
• The former DCJ resigned from her plum position last Thursday after she withdrew her appeal at the Supreme Court against the recommendation by a tribunal that the President sacks her over gross misconduct
• Police have already recommended that the former DCJ be charged with assault, threatening to kill the security guard as well as threatening breach of peace

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Former Deputy Chief Justice Nancy Baraza will face prosecution unless she settles her dispute with security guard Ms Rebecca Kerubo.

Director of Public Prosecutions Keriako Tobiko on Saturday said unless Ms Kerubo withdraws her complaints, he will have no choice but move ahead and prefer charges against Justice Baraza.

“If Justice Baraza does not settle the matter (with Ms Kerubo) we will have no choice but move ahead with the prosecution,” Mr Tobiko said in a telephone interview.

The former DCJ resigned from her plum position last Thursday after she withdrew her appeal at the Supreme Court against the recommendation by a tribunal that the President sacks her over gross misconduct.

The seven-member tribunal chaired by retired Tanzanian Chief Justice Augustino Ramadhani heard evidence from eight witnesses and found discrepancies in the judge’s testimony.

Justice Baraza’s woes started on the News Year’s Eve at the Village Market. The former Vice President of the Supreme Court is alleged to have waved a gun, pulled Ms Kerubo’s nose and threatened to shoot her.

The shopping mall incident sparked public uproar prompting the Judicial Service Commission, chaired by Chief Justice Willy Mutunga, to petition President Mwai Kibaki to suspend Justice Baraza and form a tribunal to look into her conduct.

Contacted, Ms Kerubo’s lawyer, Mr Irungu Kang’ata, said even though they were keen to see the matter prosecuted, they were willing to drop their hardline stance only if the former DCJ talks them out of it.

“We definitely want to see the matter prosecuted…that’s our stance. However, we are willing to drop it, only if she (Ms Baraza) approaches us. At the moment, she has not done so. We are still waiting,” said Mr Kang’ata.

The new twist in the saga comes as the Sunday Nation also learnt that the Judicial Service Commission was expected to meet this week to begin the process of replacing Ms Baraza.

Police have already recommended that the former DCJ be charged with assault, threatening to kill the security guard as well as threatening breach of peace. The charges are serious and could see the former judge jailed for up to 10 years if she is convicted.

The law enforcement officers recommended the charges to Mr Tobiko after investigating the incident, but the DPP decided to put his decision to charge her on hold until the tribunal probing her conduct concluded its inquiries.

It said Ms Kerubo had been a “credible witness” who confidently and steadfastly gave her evidence when she was cross-examined.

“We were not impressed by the evidence by the DCJ,” the tribunal said.

For instance, the judge claimed that the guard followed her into Belladona Pharmacy and used disrespectful language.

But Ms Kerubo disputed this and was backed by Dr James Wathigo, the pharmacist, who said the guard only told Ms Baraza that she needed to search her.