Nancy Baraza hearing begins

By David Ohito

The historic hearing of an appeal by suspended Deputy Chief Justice Nancy Baraza kicks off on Wednesday before five surviving judges of the Supreme Court.

The suit will be historical as the five-judge Bench comprising Chief Justice Willy Mutunga, judges Smokin Wanjala, Jackton Ojwang, Philip Tunoi and Njoki Ndung’u, will determine the fate of one of their own when the hearing begins.

The five-judge bench of the Supreme Court will on Wednesday, October 17 from 10 am, begin hearing the petition by the suspended Deputy Chief Justice who is appealing against the decision of the Tribunal that found her unsuitable to serve in the Judiciary.

Another judge of the highest court in the land Justice Mohamed Ibrahim is battling to retain his position after the Judges and Magistrates Vetting Board found him unsuitable but is set to undergo a second review.

His position has elicited divisive and controversial debates in the media and the legal fraternity over vetting process, which has since been suspended by High Court.

Baraza in her petition is praying that that the Supreme  court declares the findings of the tribunal that her conduct, on December 31 last year at Village Market, Nairobi, amounted to gross misconduct and misbehavior were not supported by the evidence on record and therefore are unfounded and bad in law.

Attorney General Githu Muigai appointed lawyer Philip Murgor to represent the tribunal in the appeal lodged by the Deputy Chief Justice.