Baraza to face tribunal, court rules

Suspended Deputy Chief Justice Nancy Baraza will face a tribunal to investigate her conduct over alleged assault of a security guard, a court ruled Tuesday.

High Court judges Mohammed Warsame, George Odunga and Helen Omondi ruled that there was no evidence to prove that Ms Baraza's rights will be violated by facing the tribunal.

In January, the court issued temporary orders restraining a tribunal set up by President Kibaki to investigate the conduct of the Deputy CJ until her petition was heard and determined.

The tribunal was established following a petition by Judicial Service Commission to inquire into Ms Baraza’s conduct after an alleged assault involving her and a security guard, Ms Rebecca Kerubo, in Nairobi on New Year’s Eve.

Ms Kerubo lodged a complaint with the police alleging she had been threatened by Ms Baraza when she sought to conduct a body search before allowing her into the Village Market where the deputy CJ had gone shopping.

Ms Baraza later apologised for the "unfortunate" incident saying she had intention of "arrogance or ill will".

In statement, she pointed to security fears over the personal security and said the confrontation with a security guard at the market should be viewed in this light.

"In the last few months a number of security incidents have occurred in and outside my office. As such, threats of violence have been directed at me and I have had to request increased security measures for my office as well as my own personal security," she said.

"The unfortunate incident at the Village Market should be viewed in light of the genuine security apprehension on my part. I certainly had no intention of high handedness, arrogance or ill will," the deputy CJ added.

However, Chief Justice Willy Mutunga summoned an emergency session of the Judicial Service Commission to discuss the incident involving his deputy. (READ: Mutunga calls JSC over Baraza)

In its meeting, JSC recommended her suspension and called on President Kibaki to form a tribunal to investigate her conduct.