Why critics want deputy CJ kicked out

She is the Vice-President of the Supreme Court and the Deputy Chief Justice of the Republic of Kenya.

As the second in command of one arm of the government, Nancy Makokha Baraza is arguably the senior-most female state officer in the country.

She fought like a wounded lioness to secure the job under public vetting brought about by the new constitutional dispensation and was subsequently sworn in together with Chief Justice Willy Mutunga in a ceremony which marked new dawn for a discredited Judiciary.

Now her career hangs on the edge of a cliff and could come tumbling down should the Judicial Service Commission (JSC) meeting on Monday find that she engaged in gross misconduct. (READ: Mutunga calls JSC over Baraza)

Mr Peter Gichira Solomon, a citizen, has also petitioned the Chief Justice and the JSC to sack Ms Baraza, arguing the DCJ failed to uphold the values of leadership expected of a state officer as provided for in the Constitution.

Moi University law lecturer Kipchumba Murkomen said Ms Baraza’s presence in the Judiciary was no longer tenable even if she were innocent, saying the “application of law was not just as it is, but also as perceived”.

“To what extent is a watchman confident she can appear before her and expect justice?” asked Mr Murkomen.

He said the DCJ was overwhelmed by the trappings of office and described as a fraud the public vetting to which she and other constitutional office holders were subjected.

“This saga exposes the irony and contradiction of public vetting. A bad tradition has been set to offer former civil society bosses an easy time during vetting yet tested public servants sweat it out,” claimed the public law expert.

Lend credence

Mr Murkomen’s claim seems to lend credence to allegations against Ms Baraza before the Constitutional Implementation Oversight Committee.

A day before her afternoon appearance at County Hall on July 9, Kenya Leadership Trust head Okoch Mondo had asked MPs to reject her, arguing she was not fit for the job due to what he described as her “strong character and intolerance”.

Mr Mondo said Ms Baraza had once rudely thrown him out of a meeting in Kakamega. She denied the allegation.

However, senior counsel Paul Muite was of a different opinion, saying not every misconduct or misdemeanour should lead to removal.

“The JSC will have to evaluate the results of the investigation by both itself and also the police and make a decision of whether it meets the threshold of forming a tribunal or the lesser sanctions of a reprimand or being asked to publicly apologise,” he argued.

It all started at the Village Market in Nairobi last Saturday when Ms Baraza refused to be frisked before entering the mall despite passing a desk clearly marked security check. (READ: Deputy CJ denies mall gun threat)

A security guard, Ms Rebecca Kerubo Morara, recorded a statement with the police claiming that the Deputy CJ had not only threatened her with a gun but also pinched her nose hard. Ms Baraza has denied the gun claim.

But according to Mr Ron Osiemo, who wrote to the Daily Nation on Friday, this is indeed not the first time the DCJ had behaved badly.