Decision on Baraza trial shelved

The decision on whether suspended Deputy Chief Justice Nancy Baraza should face criminal prosecution has been put off.

Director of Public Prosecutions Keriako Tobiko on Wednesday said in a statement to newsrooms that he would wait for the outcome of a case by Ms Baraza at the High Court and that of a tribunal set up to investigate her.

He said this would ensure that Ms Baraza’s right to fair treatment and due process under the Constitution and the country’s laws was not violated.

Put on hold

“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,” Mr Tobiko said.

He noted that although the two processes were distinct and separate, criminal prosecution required a higher standard of proof than a removal process.

Ms Baraza is under investigation for alleged professional and criminal misconduct following claims by Village Market guard Rebecca Kerubo that she pinched her nose and threatened her with a gun on New Year’s eve.

Mr Tobiko’s decision came as the seven-member tribunal was sworn in at the Supreme Court by Chief Justice Willy Mutunga.

The first to be sworn in was former Tanzanian Chief Justice Augustino Stephen Lawrence Ramadhan, who will chair the tribunal.

Other members who took the oath of office include Prof Judith Mbula Bahemuka, Justice (Rtd) Philip Ransley, Mr Surinder Kapila, Mr Beauttah Alukhava Siganga, Ms Grace Barbara Ngele Madoka and Prof Jesse Ndwiga Mugambi Kanyua.

Ms Valeria Onyango will be the tribunal’s lead counsel and Mr Gideon Solonka Kilakoi the assisting counsel.

They neither spoke to the media nor answered questions after the short ceremony.

The tribunal will await the decision of a three-judge bench appointed by Dr Mutunga to hear a case seeking to stop its work.

File all documents

The three judges are Mr Justice Mohammed Warsame as the presiding judge, Lady Justice Hellen Omondi and Mr Justice George Odunga.

The case has been allocated two hearing days from February 15.

Justice Warsame on Wednesday directed the parties to file all the necessary documents before the hearing commences.

He further sought to know from the lawyers in the case whether they have any objection to any of the judges in the bench. There was no objection to the bench.

Lawyer Paul Muite, acting for Judicial Service Commission, added that Dr Mutunga had no personal interest in the case.

The Attorney General and the JSC, who are the respondents in the case, are yet reply to the suit.