Kerubo seeks to enhance facts on Baraza case

By EVELYN KWAMBOKA

A security guard allegedly assaulted by Deputy Chief Justice Nancy Baraza has requested to provide additional crucial facts to the High Court.

Ms Rebecca Kerubo said the details touching on the New Year Eve saga at Nairobi’s Village Market would help a three-judge bench appointed by Chief Justice Willy Mutunga in making its decision.

"In my absence, the court may make findings that may prejudice other intended legal processes, including but not limited to, the pending criminal complaint," she said.

Through her lawyer Irungu Kangata, Kerubo said she testified before a sub-committee whose report formed the basis of the petition that was forwarded to President Kibaki.

"I want all legal processes surrounding the incident concluded in a faster way to enable me go back to my normal life and my husband to his duties outside the country, as he is held up here by virtue of being a witness in the saga," she said.

Justice Mohammed Warsame certified the application in which she is seeking to be enjoined in the case as an interested party, urgent and ordered her to serve Baraza, the Judicial Service Commission and the Attorney General with the copies.

Meanwhile, Kerubo has petitioned the Commission on Administrative Justice (Ombudsman) to investigate Director of Public Prosecutions Keriako Tobiko

Maladministration

Tobiko and establish whether the decision by the DPP to withhold making a decision on allegations against Baraza is maladministration and unfair.

This comes barely 24 hours after Tobiko announced that he has to wait for the verdict of the seven-member tribunal appointed by President Kibaki to investigate her.

In the petition, her lawyer stated that police found his client’s complaint as being hinged on good evidence and proposed prosecution.

However, the DPP’s office intervened and sought for more evidence and clarity from the police, which according to the lawyer, was forwarded to Tobiko before end of January.

He said, while investigating the matter, the ombudsman’s office should take into account the fact that Tobiko’s office is independent and is not beholden to findings of any tribunal.

Kangata said findings by the tribunal chaired by Tanzanian’s Chief Justice (Rtd) Augustino Ramadhan have no bearing with the decision of the DPP as the two processes are legally independent and distinct.

He said the complaint has nothing to do with the DPP’s mandate to make a decision on whether or not to prosecute Baraza.

Members of a tribunal established to investigate Baraza’s conduct were sworn in on Wednesday and are now up to the task.