Baraza probe almost complete, say police

The outcome of investigations into claims that Deputy Chief Justice Nancy Baraza assaulted a security guard will be ready by the end of the week, CID boss Ndegwa Muhoro said on Sunday.

“It is too early to comment on the matter but you can be sure investigations will be objective, with no victimisation or cover-up, and will be driven by evidence only,” he said.
He called on anyone present during the incident where the deputy CJ reportedly went past a security checkpoint at the Village Market without being searched and later allegedly intimidated the security guard who had pursued her to a pharmacy, to report to the police.

He said police were seeking as many eyewitness accounts as possible in their investigation to determine the veracity of the claims made by the security guard, Ms Rebecca Kerubo.

Mr Muhoro spoke at a Nyeri hotel during a luncheon hosted by the Central provincial CID boss, Mr Henry Ondiek.

Lady Justice Baraza is also accused of pinching the security guard’s nose.

Chief Justice Willy Mutunga on Thursday called an emergency session of the Judicial Service Commission (JSC) to discuss the matter on Monday. (READ: Mutunga calls JSC over Baraza)

The critical part of the JSC inquiry will be the questioning of Lady Justice Baraza against her written statement and review of CCTV footage at the shopping mall. (READ: Moment of truth for the deputy CJ)

Her side of the story

The meeting will give Ms Baraza an opportunity to give her side of the story as the commission seeks to establish the truth.

A commissioner who spoke to the Nation on condition of anonymity said the commission, which has powers to discipline judges, may propose removal or suspension of Justice Baraza if it is proven that she threatened the guard with a gun as alleged

“If it is established that she pulled a gun and threatened the security guard, that would amount to gross misconduct and we will recommend accordingly,” said the commissioner.

If the commission finds that Ms Baraza only pinched the security guard’s nose, then they might either suspend, reprimand, chastise or even withhold her salary for a specified period.

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