Baraza faces moment of truth at JSC hearing

• Deputy CJ denies threatening a security guard with a gun during the now infamous New Year’s Day incident at Gigiri

Another written statement was taken on Friday from Ms Rebecca Kerubo, the security guard who accuses the Deputy Chief Justice of pointing a gun at her on New Year’s day.

A colleague of Ms Kerubo also recorded a statement on the incident at the Village Market mall which will now be the subject of an emergency Judicial Service Commission (JSC) hearing called by Chief Justice Willy Mutunga.

A member of the commission, who did not wish to be named, told the Saturday Nation that Deputy Chief Justice Nancy Baraza was also expected to write a statement of her own ahead of the JSC hearing on Monday.

Ms Baraza will be the first witness to appear before the emergency JSC meeting on Monday from 2.30 pm.

Dr Mutunga summoned the JSC on Thursday saying no person or institution was above the law. “This is the creed that we seek to uphold in the judiciary,’ he said in a statement.

A member of the commission who did not want to be identified by name said the JSC had the powers to recommend sanctions ranging from removal to reprimand depending on the analysis of events by the witnesses.

He said the JSC would also review CCTV footage of the Village Market incident.

Ms Baraza denies threatening the security guard with a gun during the New Year’s Day incident in the northern Nairobi suburb of Gigiri.

Though she admitted that there was a confrontation with the guard, she has denied the gun claim.

Ms Kerubo, a mother of three, said she had only worked at the mall for one month and has occasionally encountered mall goers who resisted screening.

Most businesses have enhanced security following threats of an Al Shabaab attack after Kenya sent its military inside Somalia to end incursions into the country by the militants.

Ms Kerubo claims that Ms Baraza walked past the screening desk and when asked to undergo security checks she pinched her nose and confronted her.

Ms Baraza has also denied pinching her.

Ms Baraza has described the incident as “unfortunate” but insisted that she has never been issued with a gun.

A member of the commission who spoke to Saturday Nation on condition of anonymity cited possible outcomes of the probe and gave insights into what is likely to transpire during the Monday meeting.

Her side of the story

First, the meeting will give Ms Baraza an opportunity to give her side of the story as the commission seeks to establish the truth over the incident.

“If it is established that the she pulled a gun and threatened the security then that could amount to gross misconduct,” said the commissioner.