Reprieve for Baraza as probe put on hold

Suspended Deputy Chief Justice Nancy Baraza got a reprieve on Monday when a court stopped a tribunal set up by President Kibaki to investigate her conduct. (READ: Suspended Baraza to face tribunal)

Nairobi High Court judge Mohammed Warsame issued the temporary orders after Ms Baraza’s lawyers sought the orders for the second time.

“I order that the tribunal shall not summon her until the petition is heard and determined,” said Mr Justice Warsame.

The judge had last week refused to issue any orders and directed the lawyers acting for the Deputy Chief Justice to serve the Attorney- General and the Judicial Service Commission (JSC), named as respondents, then appear on Monday for the hearing. (READ: Baraza case to be heard Monday)

The tribunal being challenged by the Deputy CJ was established by the President following a petition by JSC to inquire into Ms Baraza’s conduct following an alleged assault incident involving her and a security guard, Ms Rebecca Kerubo, at the Village Market in Nairobi at the beginning of the year.

Mr Justice Warsame, while issuing the interim orders, said that Ms Baraza will not appear before the tribunal until the case she has lodged is heard and determined within the next 45 days before a three-judge bench.

The parties will appear before him on Friday for further directions.

The judge said he had set the period within which the petition should be finalised in order to protect Ms Baraza’s rights and also to ensure transparency and accountability in the constitutional process.

Mr Justice Warsame added that the tribunal Ms Baraza is challenging is a constitutional one and that the cardinal rule is that the court is always reluctant to stop such a process.

The President, he added, had not violated any law in appointing the tribunal to investigate the  Deputy Chief Justice.