President Kibaki has suspended Deputy Chief Justice Nancy Baraza and formed a seven man tribunal to probe allegations of misconduct levelled against her.
Lady Justice Baraza, the country’s most senior female judge, was accused of assaulting Ms Rebecca Kerubo and threatening to shoot her on New Year’s eve.
The tribunal is composed of Augustine Ramadhan (Chairman), Prof Judith Behemuka, Philip Ransley, Surinder Kapila, Beuttah Siganga, Grace Madoka and Prof Mugambi Kanyua.
“In the discharge of its functions, the Tribunal shall: 1) Prepare and submit a report and its recommendations thereon to me expeditiously. 2) Exercise all the powers conferred upon it by law for the proper execution of its mandate,” President Kibaki stated in a Gazette Notice.
He added: “In the meantime, Honourable Lady Justice Nancy Makokha Baraza, the Deputy Chief Justice, Supreme Court of Kenya stands suspended from exercising the functions of her office with immediate effect according to Article 168(5) of the Constitution.”
Justice Baraza’s, in the period of her suspension, will be on half salary until she is removed from office or reinstated.
The establishment of the tribunal follows a petition by the Judicial Service Commission asking him to suspend the judge and establish a tribunal to investigate her conduct. (READ: JSC wants Baraza out)
The commission asked President Kibaki to appoint a tribunal to investigate her conduct in line with Article 168 (4) of the Constitutiong a Village Market security guard, Ms Rebecca Kerubo.
The Deputy CJ has already indicated her willingness to face the tribunal. (READ: Baraza: No retreat, no surrender)
“I want to go through the due process so that my side of the story can come out,” she said in an interview with The Nation.
She has retained lawyers George Oraro, Chacha Odera and Cyprian Wekesa to act for her on the matter.
Ms Kerubo alleges that the judge pinched her nose when confronted after ignoring security screening, admonished her, asked her bodyguard to shoot her and then brandished a pistol when the male officer refused to do as ordered.
Ms Baraza has since denied the claims.
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