Tribunal: Sack Nancy Baraza

By Digital Reporter

It is end of the road for Lady Justice Nancy Baraza, the Deputy Chief Justice and the Deputy President of the Supreme Court after the Tribunal probing her conduct recommended that she be removed from office.

The Tribunal poked holes in the character of Baraza and found her guilty of gross misconduct and misbehavior over the Village Market gun and nose pinching drama.

Former Tanzanian Chief Justice Augustino Ramadhani chaired the tribunal, which comprised Justice (rtd) Philip Ransley, Surinder Kapila, Prof Judith Behemuka, Beauttah Siganga, Ms Grace Madoka and Prof Mugambi Kanyua. The Tribunal sat from July 2 to July 25. She was appointed DCJ in June 2011 and was suspended in January.

Justice Baraza's predicament was described as an embarrassment to the judiciary and her acts served to erode the confidence of the public in the institution. Her witnesses, too were decsribed as liars as the harsh verdict was read live on television channels.

Baraza’s six month tenure at the judiciary comes to an end following the verdict which recommended to President Kibaki that she be removed from office.

Baraza’s troubles began when she was accused of having assaulted a security guard Ms Rebecca Kerubo, on New Year's Eve at the Village Market, an upmarket shopping mall in Gigiri are of Nairobi. She is said to have pinched the nose of the guard.

Justice Baraza was also accused of drawing a gun at the security guard who was trying to screen her during a routine security check at the entrance of the shopping mall

Ramadhani said during the incident “Baraza had enough time to cool her temper but instead she went away and came back with a gun and continued to threaten Kerubo.”

The security checks have become a necessity at malls, hotels, churches and other important buildings because of the on going terror threats coupled with  series of explosions that have rocked public places including two churches in Garissa.

Experts have pointed at the new constitutional dispensation as having claimed Baraza and her behavior fell short of integrity requirements for a judge.

Article 75 of the Constitution clearly states that whether in public places, official places, in private or in association with other persons, a state officer shall behave in a manner that avoids demeaning the office the officer holds.

Chapter Six of the Constitution deals with leadership and Integrity. All State officers are constitutionally required to bring honour to their office in both their public and private dealings.