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Baraza now files appeal against tribunal ruling

Updated Friday, August 10th 2012 at 00:00 GMT +3

By Isaiah Lucheli
Suspended Deputy Chief Justice Nancy Baraza will not go down without a fight.

Lady Justice Baraza On Thursday filed a notice of appeal against the ruling of seven-member tribunal, which found her unfit to hold office.

The move comes only a day after the Director of Public Prosecutions Keriako Tobiko directed police to charge her with assault.

The appeal notice was presented to the tribunal offices at the Kenyatta International Conference Centre by Baraza’s lawyer Kioko Kilukumi.

Gross misconduct
It states that she is dissatisfied with the recommendations and decision to remove her from the second highest seat in the Judiciary.

The DCJ is also disputing the claim that her behaviour on December 31, last year at the Village Market shopping mall amounted to gross misconduct.

Speaking to The Standard on telephone, Kilukumi noted that Baraza has the constitutional right to appeal. She now has to brace herself for two cases; a criminal case over allegations she assaulted security guard Rebecca Kerubo, and her appeal hearing.
Baraza was accused of pinching Kerubo’s nose and brandishing a gun, incidents that the tribunal said are not in line with her position.

And her appeal could raise complications. Some lawyers argue that the fact that Chief Justice Willy Mutunga and Justice Smokin Wanjala sit in both Supreme Court and the Judicial Service Commission could complicate the matter, raising challenges according justice to Baraza.

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