Baraza hits at Mutunga over views on Kerubo case

• Ms Baraza termed as prejudicial remarks by Chief Justice Willy Mutunga before a tribunal was formed to investigate her over an altercation with a security guard at the Village Market.
• The tribunal which comprised Justice (Rtd) Philip Ransley, Surinder Kapila, Ms Grace Madoka, Prof Judith Behemuka, Prof Mugambi Kanyua and Beauttah Siganga returned a guilty verdict on Ms Baraza.
• Earlier, on March 13, a constitutional court comprising Justice Mohammed Warsame, George Odunga and Hellen Omondi threw out Ms Baraza’s petition seeking to block the tribunal from investigating her conduct.

Beleaguered Deputy Chief Justice Nancy Baraza resigned on Thursday saying she stood no chance of a fair hearing in an appeal over her dismissal from the Judiciary currently before the Supreme Court.

Also read: Baraza hits at Mutunga over views on Kerubo case
Ms Baraza termed as prejudicial remarks by Chief Justice Willy Mutunga before a tribunal was formed to investigate her over an altercation with a security guard at the Village Market.

“I have today resigned as the DCJ and Vice-President of the Supreme Court of Kenya and to the Judicial Service Commission,” said Ms Baraza in a brief letter to President Kibaki.

She also withdrew the appeal challenging the findings of the tribunal that she was unfit to serve a progressive Judiciary.

Ms Baraza was appointed DCJ in June last year and suspended from the Judiciary on January 25.

She said she had no confidence in getting a fair hearing by the five-judge bench constituted by Mr Mutunga to consider her appeal. The bench comprises Mr Mutunga, Philip Tunoi, Jackton Ojwang, Smokin Wanjala and Njoki Ndung’u.

“I don’t see myself getting an impartial hearing before the court as currently constituted,” she said.

According to her, two of the judges hearing the appeal sat in the Judicial Service Commission which petitioned President Kibaki to appoint the tribunal that investigated her conduct.

“Therefore, they cannot legally sit on my appeal,” she said, maintaining that the tribunal’s findings were not founded on known principles in law.

During a breakfast talkshow last week with Citizen TV, Dr Mutunga said that those who wanted to know about integrity should read the tribunal’s ruling and that on Mumo Matemu, who was barred by the courts from becoming the chairman of the Ethics and Anti-Corruption Commission.

The Law Society of Kenya welcomed Ms Baraza’s resignation which now entitles her to a portion of her terminal benefits.

“Now that the matter has been put to rest, the JSC should move with speed and advertise the position of DCJ to facilitate the functions and operations of the Judiciary,” said LSK chairman Eric Mutua.

Mr Mutua said Ms Baraza would, however, not receive the lumpsum that was on the cards had she resigned when her integrity was questioned. She earned nearly Sh1 million, including allowances and other benefits per month.

On August 6, the tribunal chaired by former Tanzanian chief justice Augostino Ramadhan recommended her removal, describing her as an embarrassment.

Ms Baraza was accused of drawing a gun on security guard Rebecca Kerubo at the mall in Nairobi on New Year’s Eve after she refused to undergo a routine security check.