Ex- deputy CJ Baraza blames job conditions for downfall

Former Deputy Chief Justice Nancy Baraza speaks out on what led to her resignation, during an interview on February 6, 2016 at Serena Hotel. She still accused the Judicial Service Commission of being “injudicious.” PHOTO | JEFF ANGOTE | NATION MEDIA GROUP

What you need to know:

  • Ms Baraza quit her job as deputy chief justice in October 2012 in the middle of a case she had lodged at the Supreme Court, to appeal against a tribunal that had found her guilty of misconduct.
  • A seven member tribunal set up to investigate her conduct and led by former Tanzanian Chief Justice Augustino Ramadhani unanimously recommended she be removed from office.
  • She claimed Ms Kerubo’s family initially demanded Sh10 million, which dropped to Sh3 million, but Ms Baraza refused to pay.

Former Deputy Chief Justice Nancy Baraza says heavy security conditions attached to her office and a ‘breakdown’ in communication combined to seal her fate as the country’s first holder of this position.

In an interview with Nation journalists, four years later, Ms Baraza's security arrangements regarding her office made it difficult to go through regular security checks in public places.

“The security instructions I had been given was to ‘never, never stop. The reason can be given later.’ That is what I did and said, and if they follow me and want to know why I didn’t queue, I will tell her,” she said on Saturday.

Ms Baraza quit her job as deputy chief justice in October 2012 in the middle of a case she had lodged at the Supreme Court, to appeal against a tribunal that had found her guilty of misconduct.

She had filed the case after a tribunal found her conduct wanting in the manner she handled Village Market guard Rebecca Kerubo on December 31, 2011.

A seven member tribunal set up to investigate her conduct and led by former Tanzanian Chief Justice Augustino Ramadhani unanimously recommended she be removed from office.

“She has shown an inability to control her behaviour, demonstrating the strong likelihood she will continue to commit misconduct or misbehaviour in future. We have concluded that the DCJ has committed gross misconduct and misbehaviour,” the tribunal wrote in its report.

Even as she ended her four-year silence since she resigned from her post, she still accused her former employers, the Judicial Service Commission, of being “injudicious.”

Yet she admitted that her “imposing” personal character contributed to her downfall.

“[In] hindsight, the way I should have handled her should have been different. The way I explained things to her should have been different. I look back, I could have related with Kerubo better. I think our communication was not good.”

“Maybe she thought I was rude. It was a public place and you know people were passing. I thought we were creating drama and I passed my hand, not really intending to hurt her but, you know the spontaneous way of a hand coming out.”

OUT OF CONTEXT
The incident, now famed for the ‘you should know people’ comment happened on December 31, 2011 after Ms Baraza had rushed to buy medical drugs from a shop at the Village Market.

But at the time, the Kenya Defence Forces had just entered Somalia to pursue Al-Shabaab, heightening security risks back home.

Public places required that everyone be checked before admission.

Ms Baraza admits she jumped the queue because she had already breached the Judiciary security arrangement to always have body guards with her.

And when Ms Kerubo followed her up, they had an altercation.

“Queuing would be a security risk. That is the briefing we got. When I went to village market, I was disobeying or disregarding the order because I didn’t have my security escort,” she said.

“With those security briefings in my head, I just passed. I didn’t wait to be searched.”

So, did she pinch the guard’s nose? Did she brandish a gun at her? Did she tell her to “know people?” Her account of the story was that it wasn’t in “that arrogant manner” but a joke.

“What happened was, she followed me and I said I am your deputy CJ, let me explain to you why I didn’t queue and she told me “I don’t care who you are.”

Then I said to her, why wouldn’t you care? I want to know you, why don’t you want to know me. These are things we talk about every time. Why wouldn’t you want to know people?” she claimed in the interview.

Asked whether she went back to the car and came back brandishing a gun, she said: “Those are things you all could have seen. Village Market is there. It could have been in the public domain.”

NO BRIBERY

Ms Baraza’s poor articulation of the incident let the tribunal to state she was not credible because she had been inconsistent. It charged that she had behaved inappropriately when she met with the accuser in the absence of her lawyers.

But then there were claims she wanted to buy Ms Kerubo’s silence by bribing her. When questioned on this, she argued she met Ms Kerubo “a few times” to offer an apology and reconcile.

Her former colleagues in the women’s movements had also arranged meetings with Ms Kerubo but she said she did not instruct them to do so.

“We met, I think in her mind, she thought we were meeting for money. She said she wanted money, and I got curious. There was that conversation. Probably the mistake I made was I should have gone with my lawyer if we were still pursuing reconciliation,” she said, referring to one of the meetings.

“Money kept coming up but I had never indicated that I am giving you money.”

She claimed Ms Kerubo’s family initially demanded Sh10 million, which dropped to Sh3 million, but Ms Baraza refused to pay.

She would, at one time, give them Sh2,000 for ‘transport’ but insists she never offered them a bribe to drop the case.