Baraza's appeal pushed to Oct 23
The Supreme Court has adjourned to next week the hearing of a petition by suspended deputy Chief Justice Nancy Baraza challenging the ruling of a tribunal that recommended her sacking.
Ms Baraza sought an adjournment after her lawyers failed to turn up in court for the petition's hearing.
Chief Justice Willy Mutunga, leading a five-judge bench of the Supreme Court on Wednesday, directed that the petition be heard October 23.
The court however noted that the request for adjournment smirked of “disrespect, arrogance and negligence” and warned that it would not indulge her Tuesday October 23 when the five judge bench reconvenes to hear her petition.
The CJ said the court was disappointed with Ms Baraza’s lawyer, said to be in a Law Society of Kenya retreat in Europe, and warned that proceedings will not be conducted henceforth on the dictates and conveniences of representative counsels
Ms Baraza is challenging a ruling by a seven-member tribunal that recommended to President Kibaki to remove her from office after it found her conduct had brought disrepute to the judiciary.
The tribunal decided that the Deputy Chief Justice's conduct on December 31, 2011 at the Village Market amounted to gross misconduct and misbehaviour and declared that Ms Baraza was unsuitable to hold office.
The Chief Justice will hear the appeal alongside Justices Jacktone Boma Ojwang’, Philip Tunoi, Smokin Wanjala and Lady Justice Njoki Ndung’u.
Ms Baraza was accused of assaulting a security guard, Ms Rebecca Kerubo, at the shopping mall after a confrontation during which the judge is alleged to have waved a gun, pulled her nose and threatened to shoot her.
However, Ms Baraza wants the Supreme Court to quash the findings of the tribunal arguing that it relied on presumptions and other extraneous matters to lay blame on her for gross misconduct and misbehaviour.
Ms Baraza claims that the tribunal readily accepted security guard Ms Kerubo's testimony as the truth despite its contradictions, , inconsistencies and discrepancies yet rejected her testimony without subjecting it to thorough scrutiny, analysis and evaluation.
