Tobiko gets police report on Baraza

What you need to know:

  • File had been sent back to officers by Director of Public Prosecutions over missing details

Police have handed a revised report on the case against Deputy Chief Justice Nancy Baraza to the Director of Public Prosecutions and maintain she should face the three charges they had initially suggested.

Police Commissioner Mathew Iteere told the Nation on Wednesday that while the corrections had been made to the file initially handed over to Mr Keriako Tobiko last week, they did not change the recommendations on Judge Baraza and her driver. (READ: Police want Baraza tried)

“The file went back to him yesterday (Tuesday). He had said we should cover some points and it was done. We are awaiting further advice from him,” said Mr Iteere said.

The report to the DPP contains Ms Baraza’s statement as well as those of witnesses at the Village Market shopping mall in Nairobi on the eve of the New Year.

The vice-president of the Supreme Court is alleged to have pulled a gun on security guard Rebecca Kerubo and threatened to shoot her in addition to pinching her nose and admonishing her.

If the recommendations by the police are upheld by the DPP, the deputy CJ will be charged with assault, threatening to kill and causing disturbance likely to cause a breach of peace.

The DPP confirmed having received the file on Wednesday morning.

He had the file returned to the police last week on the basis that there was not enough evidence to prosecute and there were gaps, inconsistencies and contradictions the police would need to fill. (READ: Baraza gun probe is shoddy, says Tobiko)

Judge Baraza is also likely to come under further scrutiny if President Kibaki acts on a petition by the Judicial Service Commission asking him to suspend the judge and establish a tribunal to investigate her conduct. (READ: JSC wants Baraza out)

Reported by Lillian Onyango, Fred Mukinda and John Ngirachu