Baraza probe team sworn in
The seven member tribunal formed to probe the alleged misconduct of suspended Deputy CJ Nancy Baraza was sworn in on Wednesday at the Supreme Court.
The tribunal, appointed last Wednesday by President Kibaki, is chaired by former Tanzanian Chief Justice Augustino Stephen Lawrence Ramdhan.
The members are Prof Judith Mbula Behemuka, Justice (Rtd) Philip Ransley, Surinder Kapila, Beauttah Alukhava Siganga, Grace Barbara Ngele Madoka and Prof Mugambi Jesse Ndwiga Kanyua.
Ms Valeria Onyango is the tribunal's lead counsel and Gideon Solonka Kilakoi the assisting counsel.
The mandate of the tribunal is to investigate the conduct of the DCJ on the basis of Articles 168 (I)(e), 73(I)(a) and (b), and 75(I) and (2) of the Constitution and the Judicial Service Commission (JSC) Code of Conduct and Ethics, Legal Notice No 50 and other relevant laws and matters.
Hours after the tribunal had been sworn in, Director of Public Prosecution Keriako Tobiko announced that he had put on hold his decision to institute criminal proceedings against Ms Baraza pending the outcome of the ongoing inquiry into her conduct.
In a statement to newsrooms on Wednesday, Mr Tobiko said that he will await the outcome of a challenge instituted by Ms Baraza at the High Court and that of a tribunal set up to investigate her.
He explained that this would ensure that Ms Baraza’s right to fair treatment and due process under the Constitution and the country’s laws is not violated.
“And so that she is not subjected to multiple concurrent legal processes, I have decided to put on hold the decision whether or not to prosecute her to await the determination of the challenge before the High Court and of the Tribunal if the Court allows it to proceed,” Mr Tobiko said.
He added that though the two processes are distinct and separate, with different evidentiary thresholds, criminal prosecution requires a higher standard of proof than a removal process.
Accused of assaulting guard
Ms Baraza is accused of assaulting and threatening to shoot Ms Rebecca Kerubo, a guard at the Village Market shopping mall, on the New Year eve.
The Judicial Service Commission recommended the suspension of Ms Baraza on January 13, and asked President Kibaki to appoint a tribunal to investigate her conduct. (READ: JSC wants Baraza out)
The suspended Deputy Chief Justice however got a reprieve on Monday this week when a court stopped the tribunal from summoning her. (READ: Reprieve for Baraza as probe put on hold)
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.
