By Cyrus Ombati
Director of Public Prosecutions ( DPP) Keriako Tobiko has ordered Deputy Chief Justice Nancy Baraza prosecuted over a gun drama at the Village Market, Nairobi.
Tobiko appointed acting DPP Dorcas Oduor and Principal Prosecuting Counsel Alexander Muteti to prosecute the case.
This is in line with recommendations of the police made to DPP in January when they interrogated the DCJ in connection with the incident between her and security guard Rebecca Kerubo. Among the charges police wanted Justice Baraza to face are unlawful possession of a firearm, illegal use of a firearm and threatening to kill. A police Occurrence Book showed Kerubo complained the judge assaulted and menacingly threatened her with a gun. The offences carry a penalty of 15 years.
Justice Baraza, who is also Deputy President of Supreme Court, is alleged to have assaulted Kerubo on New Year Eve.
Found discrepancies
DPP’s move came two days after a tribunal proposed her removal from office for misconduct. Her legal team said she would appeal against the ruling. On Monday, the tribunal chaired by retired Chief Justice of Tanzania Augustino Ramadhani delivered its findings to President Kibaki before announcing the decision to the public. It found Justice Baraza guilty of gross misconduct and misbehaviour.
“The tribunal members, having unanimously found that the conduct of the DCJ on December 31, 2011 at the Village Market amounted to gross misconduct and misbehavior, recommend to President Kibaki that Justice Nancy Makokha Baraza be removed from office,” said the tribunal.
The seven-member tribunal heard evidence from eight witnesses and found discrepancies in Justice Baraza’s testimony.
The tribunal said Kerubo had been a “credible witness” who confidently and steadfastly gave her evidence when she was cross-examined.
Self-incriminating
Police had made the recommendations then saying they were satisfied they had sufficient evidence to sustain charges.
