Statement of Kenya Red Alliance (KRA)
Deputy Chief Justice of Kenya, Ms Nancy Baraza, is reported to have brandished a gun in the face of Ms Rebecca Kerubo, a woman security guard at the Village Market, an up-market shopping mall in Nairobi. Kerubo had sought to search Baraza’s bag as part of routine security check of all visitors to the Mall but Baraza allegedly refused to be part of the process. If Kerubo’s version of events that followed are true, Justice Baraza should resign immediately or be forced out of Office through available channels.
After she refused to go through the security check, Ms Kerubo told reporters that she followed Baraza into the Mall and on noticing that the guard was trailing her, Baraza ordered her body guide to shoot Kerubo but the body guide refused, probably because there was no obvious justification for such a lethal and drastic action. There is no report that the guard had threatened the life of the Deputy Chief Justice.
Speaking to reporters, the guard said that Baraza “pinched her nose” and advised her to “know people”. The implication of Baraza’s utterance is that Ms Kerubo is ignorant about Baraza’s position as the Deputy Chief Justice of the Republic of Kenya and therefore, the guard ought to upgrade her knowledge of top government officials like herself so that in future, she can exclude them from security checks at the Mall.
Based on the reported circumstances, and assuming that Kerubo’s version of the incident is correct, Baraza’s posture was not just shocking and irresponsible but also outrageous and utterly stupefying. Maybe, the matter could have ended there or treated as an unfortunate public confrontation between a top Judge and a lowly paid security guard.
This is because what has added considerable impetus to this rare altercation is that Justice Baraza reportedly rushed to her car and returned with a gun which she then brandished in Rebecca’s face. It was like Justice Baraza was sending the message that she actually had a gun but left it in the car and so she did not need to be searched after all!
Even if she never brandished a gun, and given her position, Baraza’s behavior at the level of refusing a mandatory security check at a public place was already an unacceptable violation of the new Kenyan constitution that clearly spells out the code of conduct for public officers at various levels.
The latest is that the embattled Baraza has tried to force the guard to accept an apology from her and when the guard refused, Ms Baraza reportedly said that the matter could proceed to court because since she is a lawyer, she will be able to deal with it. According to Ms Kerubo, the Judge said that if the matter proceeds to court, “the government will help her (Baraza)” win the case?
Another piece of news is that the Chief Justice, Dr. Willy Mutunga, has called for an internal investigation into the matter to establish the real facts behind the incident. Worse still, Baraza has released a statement denying that she ever brandished a gun in Kerubo’s face allegedly because she does not own a gun. This was after the police confirmed that Baraza is not licensed to carry a firearm.
Gestures of out-of-court settlement unacceptable
From a legal perspective, if Ms Baraza had a gun as Kerubo claimed, then the Deputy Chief Justice was in procession of an illegal firearm, leave alone the horrific crime of using such a weapon to threaten the life of an innocent citizen doing her job as per official specifications! At this juncture, it appears as though Kerubo’s version of events is much more credible than Baraza’s denials (especially on the gun angle) but much depends on what happens next.
If a credible investigation is conducted, it should be pretty easy to establish whether Baraza returned to her car and armed herself because the drama played itself in a public place where there must have been some eye witnesses. There is talk about CCTV footage where evidence could be contained but this footage may just be as important and revealing as eye witness accounts.
Kerubo did mention that a friend took a photo during the gun confrontation. What happens if this photo surfaces showing Baraza brandishing a pistol in Kerubo’s face? Even if evidence about the gun does not come to light, there is one more question hanging in the air.
If it can be established that the Judge walked to her car and returned, why did she do so? In any case, the Deputy Judge has accepted that there was a confrontation between her and the guard on the security check issue. This was after she refused to go through the process. This admission alone should be enough to force Ms Baraza out of Office if she cannot resign voluntarily because as the Deputy Chief Justice, it is unthinkable that she could have been arrogantly breaking established rules designed to increase security at a public place in the face of constant security threats from armed criminals.
Chief Justice, Dr. Mutunga, must ensure that there is no cover-up of the Baraza case Moi-style through shoddy investigations tailored to protect culprits in high office. Consequently, Ms Kerubo, members of her family and potential witnesses ought to be protected from threats that may be aimed at covering up the case.
In the meantime, Ms Baraza should step aside during the period of investigations to prevent her from interfering with this process. Public officers cannot effectively be investigated while in Office. Ms Baraza is under investigation for a possible violation of the Constitution and threatening the life of another Kenyan citizen. Under the circumstances, allowing her to remain in Office will be unacceptable.
If she does not step aside, the credibility of the investigations may be compromised especially if she is not found guilty. It has to be noted that Justice Baraza has been attempting an out-of-court settlement while information is in the media that she has sent emissaries to try and placate Ms Kerubo.
These kinds of gestures are unacceptable, given that Baraza is the Deputy Chief Justice of the Republic of Kenya and not a chicken thief in the village of Vihiga. If a public Officer of Baraza’s caliber can settle a criminal case (involving brandishing of an illegal firearm and threatening the life of a citizen) out of court, how will she dispense justice to the aggrieved in court?
While the investigations should continue as a matter of procedure, there is enough evidence on the table to instigate Justice Baraza’s ouster from public Office.
The unequivocal view of KRA is that the country will be back-sliding in the struggle against impunity if the likes of Baraza cannot step aside to allow for a credible investigation of an alleged crime that is, by all means, very serious.
Okoth Osewe,
Secretary,
Kenya Red Alliance (KRA)
About the Author
Yes,Ms Nancy Baraza should resign.Such people forget that Kenya has crossed the Rubicon and the days of adored public figures in our country are gone!
Nicholas Ng’ang’a
Nakuru,Kenya
Osewe, this is a very good piece that exposes Impunity within senior Government officials. It was brave of Ms. Kerubo to report the sad incident to the police. Government officials like Deputy Chief Justice Nancy Baraza, feel they are untouchable and look down upon lowly-paid workers. Media reports have indicated that a police officer is already intimidating Kerubo to drop the case. As usual, the likes of Baraza, a senior judge, manipulate the justice system in their favor. Generally, hundreds of subordinate staff and other blue color workers in Kenya suffer from various forms of high-handedness. But for the fear of losing their jobs, they live with the humiliation and psychological trauma. Imagine the trauma Ms Kerubo is undergoing after facing the gun-totting Baraza.
Congratulations to the Village Market management on stating publicly that all and sundry must undergo security check-up at the entrance of their premises.
Some online comments on this saga were nevertheless quite demoralizing. For instance, quite a number asked why Ms Kerubo did not recognize Baraza and insisted that a high ranking officer should not be subjected to such inspection. But again, the security check is for all persons entering the building, so who on earth is Baraza not to obey? There is a table at the entrance with a tag written ‘Security’. The media revealed that Baraza frequents the Village Market, so why the fuss on that day? If she wanted special treatment, then she should have told the management well in advance, to alert the guards not to search her.
Pinching Ms Kerubo’s nose was a typical act of despise; “you should know people.” Is Baraza the President’s or the Prime Minister’s wife? She is barely a year in office, so Ms Kerubo might not have been familiar with her physically as she admitted. Moreover, she is not like other female politicians who are recognizable because of frequent media appearances. When Ms Kerubo approached her inside the pharmacy, Baraza must have been thinking: “You are a mere guard, so why did you follow me to ask why I jumped the queue to avoid inspection?”
Kenya is a land of denials and manipulation and it is rare to get top officers admitting their mistakes. The Deputy CJ now denies brandishing a gun, yet Ms Kerubo’s co-worker attested to seeing it. Why then, did Ms Kerubo kneel down to beg for her life? How many times before this incident, did Baraza file police reports about the alleged threats she claims, against her life? She was apparently with her bodyguard, so if her life was in danger, then he was the one who should have shot Ms Kerubo. However, Ms Kerubo claims he did not obey Baraza’s orders to shoot her. For crying out loud, the lady guard was in uniform and if she had been rude to Baraza, then the most decent thing was to first report her to the management of Village Market. If Baraza is not guilty, why did she send a mediator to Ms Kerubo’s house a few days ago to initiate an out-of-court settlement? Kerubo should stay firm and not withdraw her complaint.
I like the first reaction of Chief Justice Dr Mutunga; not to support Baraza publicly as is common among the Members of Parliament. Instead, he has called for an internal investigation. But Kenyans have no good records of such investigations. Therefore, an independent body should be assigned the task, since the police have already shown they are against the victim, Ms Kerubo.
The European Union and the US administration should also impose personal sanctions on Nancy Baraza to clip her ego. Imagine her presenting human rights nonsense at conferences in the West, yet at home, she belittles the ‘have-nots’, especially a fellow woman. She has no moral grounds to stay in the Judiciary, guilty or not guilty. She has already called the incident “unfortunate”; a confession that she was involved in it.
Nancy Baraza was a key activist in the Constitutional struggle, and a founding member of the International Federation of Women Lawyers (FIDA). Ironically, now with a new job-tag, an official Mercedes Benz (Wabenzi club) and a bodyguard to boot, her true colors have surfaced.
I will ruffle feathers by asking: “In the context of Kenya, are women better public servants?” Remember how Minister Sally Kosgei rubbished the Kenyan flag last year?
We’ve heard and seen it all among the Kenyan fat cats and politicians; the insults they hurl upon the ordinary Mwananchi, their grand corruption, and many other forms of manipulation. However, the alleged act of threatening Ms. Kerubo with a pistol yet she was diligently performing her duty, has taken Impunity a notch higher.
The Deputy CJ should simply resign; not step aside, but resign. It would be the most honorable thing. She should do it differently from the thick-skinned politicians and in honor of civil society, where she belonged for many years. It would be the best moral act in the spirit of the new Constitution.
The CJ Dr Mutunga, must let go of Ms Nancy Baraza to prove that he genuinely wants judicial reforms. I have a lot of faith in him and one bad person should not tarnish his efforts to reform the Judiciary. I also hope that Ms Kerubo will have remedy by due process of law.
Jared Odero
KSB: Thanks.
It won’t be surprising if Baraza rallies her Luhya community to support her, claiming that somebody wants to hound her out of the Judiciary. Am sure too that some Luhya MPs will scream SABOTAGE against their highly-placed daughter by some imaginary enemy. Let Baraza bear this yoke herself because the Luhyas weren’t there when she abused her powers.
Nancy Baraza must resign!
Could Osewe or Odero, or in consultation with each other clear my following doubt? For argument’s sake, let’s accept that the DCJ is totally responsible for all that happened at the Village Market.
I was watching the KTN prime-time news on 4/1 and shocked to see two ordinary looking white ladies being waved through the security barrier at the Village Market. There was no real checking of the carry bags they had, no body searches (frisking) or the use of the metal detector one guard had in hand.
On the contrary the DCJ is being accused of not submitting herself for a body search and checking of her small purse. Now she is asked to resign!
Do I understand therefore the above security measures the Village Market management is boasting of are intended only for black Africans? Many a time, I was embarrassed being with African friends at check points in malls or offices when I was sort of waved through while they underwent rigorous searches.
Let the law take its course. But demanding the resignation of the DCJ is too much. Why? we have a govt that’s illegal because the president himself is illegally heading it after outright stealing of an election in broad daylight. There are ministers and PSs facing corruption investigations who were temporarily asked to step aside (typically Kenyan!) only to be brought in back thru’ the kitchen door.
Who should resign first?
Mohan, you sound very logical but behind this supposed logic is a crude attempt at sophistry which can only dupe the gullible. You cite the case of the white girls you saw on KTN but this is off topic because you are trying to play the “race card” when the case of the Deputy CJ touches on flagrant abuse of high office. Your parallelism could have been spot on if the white duo you allude to were anti-security-check, gun-toting top officials of some European government.
There is no denying that compared to black Kenyans, white people are treated “favourably” at many joints across Kenya. This bias can however be attributed more to “colonial hangovers” (I could explain this further) which many ideologically starved Kenyans suffer from. A typical example is a Kenyan restaurant (where a white person can get faster service from the waiter after the black Kenyan has been sitting there for ages). The Deputy CJ’s case is about a key government personality who should be dispensing justice at the highest level of government, not a care-free tourist roaming the streets of Koinange.
Secondly, what you do not mention in your rather skewed perspective is that the CJ allegedly brandished a gun after her body guide allegedly refused to shoot the security guard after the CJ ordered him to do so. Don’t worry that the DCJ had earlier poked the guard’s nose for some reason!
If we take a hypothetical situation in which the white tourists were challenged at security check then they went back to their car and drew guns, could they have had the kind of walk-over you saw at KTN? This is the crux of the matter and why the Deputy CJ needs to resign. Your analogy, pitting the white girls on the one hand and the DCJ’s behavior on the other, was hollow. You write well and you could have done better analogically because this is not a complex equation!
Get this right! There is no justification as to why white people should be treated favourably in Kenya (as you saw on KTN) because everybody should be treated equally in accordance with the law. It is a bias that needs a serious campaign but to draw a parallel between the Deputy CJ’s uncouth behavior and the KTN clip of the white girls is to display a basic lack of understanding of the inherent concepts that fuel human behavior in the two mentioned situations.
When will Kenyas foreign Minister Wetangura resign? Kibaki Govt is composed of habitual crimininals protected by body-guards wherever they go. But wait a Is MS Baraza a Lesbian the way it is rumoured? It is better to set up a Commission We all know the very aggressive behaviours of both Homosexuals and lesbians,
Ms Barasa is a frequent visitor to that Village market Could she been admiring ms Kerubo?Do they know one another before?Why not investigate both women their sexual orientation.
Ms Baraza is a disgrace not to herself alone but to all fratanity of kenyan women inclunding Martha Karua and any other woman holding a big place in Kenya.The masjority poor in Kenya Must declare war with rulers of impunity and its time to act.
Mohan, there is so much rot in Kenya if we had to jail all the top crooks, we would begin by subjecting Jomo Kenyatta to a posthumous trial, then exhume his remains and symbolically bury them at Kamiti Maximum Prison, to rid the country of his past atrocities.
On the issue at hand, I incidentally watched the same KTN clip on the whites and was not amused by the rudimentary check or no check of their handbags, at the entrance of Village Market. The men however, were screened by a metal detector. The process was so quick, I wondered whether the guards could detect anything harmful on their bodies. Yesterday’s news showed a thorough check on all that were entering, regardless of their skin color.
I had a bitter experience a few years ago at the entrance of a Mombasa discotheque, when my Kenyan friends and I were stopped to be frisked. Suddenly, two white men came by and were waved in without being checked. I raised hell and said none of us would be checked unless the same was done for the whites. It went my way and afterwards, I gave the guards a piece of my mind for their inferiority complex and hanging onto the remnants of colonialism, and so forth.
We have a new constitutional dispensation which gives direction in the democratization of institutions, the rule of law and human rights. The Judiciary is in the process of reforming the filth heaped upon it by all the three regimes in Kenya’s history. Kibaki supported an equally rotten Judiciary by appointing his cronies to head and use it for personal interest.
I am beyond being naïve to assume that the Constitution will change Kenya overnight. However, I cannot fathom the thought that Ms Nancy Baraza, who struggled for the rights of downtrodden women while heading FIDA, could handle Ms Kerubo, a fellow woman, with such contempt, bordering upon hatred. The alleged pinching of her nose and the brandishing of a pistol at her, were acts showing her hatred to Kerubo, whom I suppose she did not know before. What does this tell of Baraza’s character? She needs anger management. I don’t think Baraza would be rational in interpreting the country’s laws in favor of the common Kenyans. I stated in my initial comment that although some top government officials and politicians are prone to erratic behavior in public (Sonko and his ilk), the allegations against the Deputy CJ beats them all.
I take issue with you on the last question: “Who should resign first?” Baraza’s alleged actions and subsequent apology to Kerubo leave her guilty in the public eye. Yes, PSs and a whole gang of fat cats have left the economy on its knees, yet still retain their jobs. But Kenyans have always called for their resignations, so the call for Baraza is not new. It is the entrenched level of impunity that must be pointed upon, which includes asking for her resignation. Baraza might easily weather the current storm and retain her position, which is typical of the haves’ class, yet Kerubo might be harmed (God forbid), besides quitting her job.
I wonder whether it was not just wishful thinking in your comment that: “Let the law take its course.” Which law, yet Baraza has a section of the LSK supporting her, plus pulling strings through a police boss to intimidate Kerubo? Why did she sent an emissary to her, to initiate an out-of-court deal?
If the cantankerous Baraza resigns, then it will be one of the few victories for the poor Kenyan workers. There are other humble women to replace her, to enable CJ Mutunga meet his judicial reforms with a team that respects every Kenyan, regardless of their work station.
citizen has petitioned the Chief Justice and the JSC to sack Ms Baraza.
Mr Peter Gichira Solomon says in a petition that Ms Baraza failed to uphold the values of leadership expected of a state officer as provided for in the Constitution, during her recent dramatic encounter with a guard at a Nairobi mall.
“My petition for the removal of the Deputy Chief Justice from office is informed by my worry that, on one hand, public dissatisfaction with the way this issue is dealt with may strike a fatal to confidence on the Judiciary and the rule of law at the very inception from the New Constitution,” he says.
“On the other hand, if the law is given the highest priority and justice is done, then a reputation for the Judiciary and the new dispensation will forever have been established.”
Mr Gichira says that the matter is “the real litmus test” for the Judiciary, adding that he had played his role as a citizen by writing the petition.
Civil activists have also warned they will not accept the findings of the Judges’ disciplinary unit looking into the conduct of the besieged judge unless she steps aside to pave way for independent investigations.
“Failure to do that, we hope that the emergency session of the JSC that chief Justice Dr Willy Mutunga has called will suspend the DCJ pending investigations,” said Mr Okiya Omtatah, Executive Director of Kenyans for Justice and Development.
APOLOGISE FOR THIS ONE TOO. The recent gun drama involving Deputy Chief Justice Nancy Baraza is the second bad incident Ron Osiemo is aware of.
In the first, he adds, he was in a queue at a Nairobi medical centre when the Deputy CJ arrived and asked how long it would take to attend to her.
“The receptionist, who apparently didn’t recognise her, told her it would not be long, as only two people were ahead of her. Baraza then flashed her business card and was served immediately. She should apologise for this,” says Osiemo.
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PROMOTE BRAVE GUARD. The security woman involved in a confrontation with the Deputy CJ at the Village Market deserves promotion, says Jane Muthoni, who was surprised to hear that Baraza harassed the woman who was only doing her job.
“The guard is doing a good job by ensuring nothing passes undetected, the status in society of those who come before her notwithstanding. Because of the serious terror threat, at Yaya Centre, we are always screened and our handbags opened, and I am only too happy to go through this for the sake of security.”
Why are you guys complaining of WHITE-men and Women not being checked? When will you people realize that the fear of a WHITE- Man Will live with Kenyans for another thousand years. How do you guys expect a Slave to search his Master? It cant happen Kenya black (Negroes) cannot enter and mix with their WHITE Masters in Most Exclusive bars in Mombasa and in Nairobi City. This type of discrimination has been going on since colonialism and continued an abated to this day in Primitve Kenya.You better blame the Passive and uncouth Kenyan society that is brainwashed to the core.
The people of Kenya thinks and believes that they are equal to whites even in heaven-No way black people must undergo brain therapy and rehabilatation to remove(cure) their collective amnesia/ (something like GOKHI)untill that (KASUMBA) is removed from their ill-brain.
Mohan, you want Kenyans to parade the streets with vuvuzelas in praise of Baraza? If political goons have been surviving out of protection from the illegally elected Kibaki, then they must know that the new Constitution, if followed to the letter, will not let them stay in office like before. We must have a starting point in respecting the laws that we passed. Baraza’s allegations reflect the business as usual attitude of senior government officers who perpetually violate basic human rights.
Baraza suffers from the “Big Woman Syndrome” which is no shock, given the example on comment number 9 above. Power has penetrated her, and sees herself above other junior civil servants and public workers.
Chief Justice Mutunga is facing a real acid test and I hope he sticks to his principle of upholding the rule of law. If found guilty, Baraza should accept the verdict and take the penalty without claiming any witch-hunt.
The CCTV footage should not be tampered with as in the case of the late athlete Wanjiru. We want fairness and if it means sacrificing Baraza for the sake of a clean Judiciary, then yes she should go!
Mutunga stated that as the head of the judiciary he has a “steadfast belief in the equality of all before the law.” “Indeed the constitution of Kenya envisages an open and democratic society based on humanity, equality, equity, freedom and non discrimination. Nobody or institution in Kenya is above the law. This is the creed that we strive to uphold at the Judiciary,” stated the CJ.
The Chief Justice also instituted internal investigations into the incident. He stated that the police should continue to investigate the case without undue influence or interference from any quarters. Mutunga said the investigations must be “conclusive and satisfactory”. Kerubo has claimed that she has been under pressure from police and some judiciary officials to drop her complaint against Baraza.
Mutunga’s terse statement followed a meeting yesterday afternoon between the CJ and the Deputy CJ. Their discussion was confidential but police sources indicated that Police Commissioner Mathew Iteere had sent a confidential letter to Mutunga outlining the information that had been gathered by the police. Senior police officers spent most of Tuesday and Wednesday at the Village Market and took away the CCTV footage of the incident that occurred around 6pm on December 31 when Baraza was going to the chemist.
According to senior police sources, the police thought that writing a letter to Mutunga would be a “diplomatic way ” of handling the matter without being seen to confront the Judiciary. Iteere’s letter was dispatched yesterday morning. Yesterday Kerubo and her husband were visited by an elderly woman, who was not known to them, at their Gachie home with shopping from Nakumatt supermarket shortly after 1pm. She claimed that she came in good faith seeking to mediate between Kerubo and Baraza. The woman told journalists later that she was from the same village as Kerubo but her (Kerubo’s) husband said they did not know her.
According to Kerubo, she was telephoned on Wednesday evening and told that the judge and two other people would visit her at her Gachie home at 9am yesterday. “Someone who claimed to be a friend of the judge called me yesterday evening and informed me that they would be coming to my house to apologise over the incident and ask forgiveness. The caller said that the judge wanted to speak to me over the incident,” Kerubo said.
The person telephoned the family several times yesterday morning saying they were with the judge and were coming to Gachie. At about 1:25 pm a dark Mercedes Benz with a driver and an unidentified woman and two Standard Group journalists arrived before speeding off when they noticed journalists waiting nearby. The Mercedes belongs to a public relations consultant.
Minutes later, the same woman used a blue taxi with tinted windows to drive to Kerubo’s house and deliver the shopping. The unidentified woman, who claimed she can speak eight languages, pleaded with the couple to forgive the judge. “She claimed she was an emissary sent to mediate between me and the judge. We don’t know her. She claims she was sent. The caller whom we later found out is a journalist kept telling us he is with the judge and are on their way,” Kerubo’s husband Omwecha Morara said.
The visitor stayed in the house for about 30 minutes talking to the couple in their vernacular. She borrowed a pair of green sandals because she claimed her feet were swollen and walked back to the taxi parked outside the house before being driven out of the compound. The mysterious woman later sent a young girl for her shoes and remained in the taxi by the roadside, a short distance from Kerubo’s house.
Baraza remained in her office at the Supreme Court for the whole of yesterday. Yesterday, civil society groups in Eldoret strongly condemned the Village Market incident. “We expected her to know more about the essence of upholding the rule of law. Unfortunately she is the same person who has violated it,” said Selline Korir of Rural Women Peace.
Guard in Baraza gun saga denies cash claim .
Saturday, 07 January 2012 00:16 BY DOMINIC WABALA
PRESSURE mounted on Deputy Chief Justice Nancy Baraza yesterday as a petition was filed to the Judicial Service Commission calling for her removal for misconduct.
A guard, Rebecca Kerubo, has filed a complaint with Gigiri police that Baraza threatened her with a pistol on New Years Eve after she tried to make her go through a security check at Village Market. Baraza has admitted there was an altercation but denies brandishing a gun at the guard. “I do hereby submit a petition for the removal of office of the Deputy Chief Justice, the Lady Hon. Justice Nancy Baraza following her misconduct and misbehaviour against Ms Rebecca Kerubo on Saturday 31st December 2011 at the Village Market, Nairobi, Kenya,” researcher Peter Gichira stated in a petition to the Secretary of the Judicial Service Commission.
Chapter Ten Part 2 Section 168 of the new constitution allows any citizen to initiate the removal of a judge. “By her words, actions and demeanor, the Honourable Deputy Chief Justice failed to uphold the Kenya’s constitutional Leadership and Integrity provisions of Chapter Six Section 73. (1) (a) (ii), (iii) and (ii) and further failed to uphold its article (a) through her “power to rule” attitude to Ms Kerubo, a law abiding Kenyan taxpayer while performing her official security duties for the safety of the citizenry –all in contravention of Chapter six, 73. (1) (a) (i) of the constitution of Kenya,” stated the petitioner.
Gichira argued that Chapter Six of the constitution demands that a state officer should behave both in public and in private life without demeaning their official post. Yesterday the Standard website and Capital FM website claimed that the guard demanded Sh3 million from Baraza to drop her complaint.
PR consultant John Nyongesa told Capital FM that he had tried to unsuccessfully arrange a meeting between Morara and Baraza on Thursday when the demand for money was allegedly made. “The truth of the matter is that during our conversation with her yesterday (Thursday), she agreed to meet us so that we can discuss issues about an apology but when we arrived at the home, she changed all of a sudden and involved a lawyer,” he told Capital FM. “We were surprised when she started talking about Sh3 million as compensation because that was not our mandate at all. We just went there to discuss about how she can get an apology from the deputy CJ,” Nyongesa is quoted as saying.
Yesterday Morara denied reports that she demanded a financial settlement. “It is not true that I have demanded money from the Judge to withdraw the complaint. When I was called by the stranger I was glad that the judge was willing to apologise so I accepted. At no time did I seek out the judge to demand for a meeting. How can someone then claim I was asking for three million shillings? That is outrageous. Whatever the intention I don’t know but I am now getting scared of these people,” Kerubo said.
Her husband Oweche Morara told The Star that they had not asked for any money and accused brokers of trying to make money out of the unfortunate incident. “We have not asked for any money from this people. This was meant to be a visit by Nancy to apologise for the incident and that is what we were aware of. It was not meant to be a negotiation for compensation. It is not true,” he said.
The Standard group posted a story on its online edition yesterday afternoon claiming that a lawyer for the family had met a mediator on Wednesday evening at the Morara’s Gachie home and was asked for three million shillings as an inducement to withdraw the charges. The story entitled ‘Security guard in Baraza’s gun saga demands Sh3m compensation” was pulled off the website after about two hours but had circulated widely in the blogosphere by that time.
Kerubo: My encounter with Baraza
By Alex Kiprotich and Kenfrey Kiberenge
The saga surrounding an alleged gun drama between Deputy Chief Justice (DCJ) Nancy Baraza and a security guard, Rebecca Kerubo, is shaping up to be a duel of the biblical David versus Goliath.
Justice Baraza has been put in the dock by Ms Kerubo in an incident that has captured the imagination of the nation.
Kenyans glued to the televised grilling of candidates for the position of Chief Justice and DCJ are wondering whether after passing through the baptism of fire by the straight-shooting Ahmednassir Abdullahi of the Judicial Service Commission (JSC) and answering questions about her sexuality live on TV, Baraza would be brought down by the 33-year-old mother of three.
Already, calls for the resignation of Baraza are getting louder by the day, ahead of a crucial emergency meeting convened tomorrow by Chief Justice Dr Willy Mutunga to discuss the matter.
For Kerubo, December 31 is a day she will now never forget.
It all started like a normal day with no notable events but what happened later that day would snowball into one of the most intriguing stories so far this year.
Kerubo left her Sh4,000-a-month, two-roomed house in the peri-urban Gachie after bidding goodbye to her three children and unemployed husband, Morara Ogweche.
In an interview with The Standard On Sunday, under cover of darkness for fear of being monitored, Kerubo said she arrived at work at 8am and took her position at the security desk outside the Nakumatt supermarket at the Village Market shopping mall — in the upmarket Gigiri area in Nairobi. She assumed the day would go as planned – extend up to 1am because of the many people coming for New Year’s shopping – and later join her family before merry-making at dawn.
During the interview heavily punctuated by phrases of mnyonge hana haki (the weak have no rights) and sobs, she says trouble started at around 6pm when “an ordinary shopper” came and insisted on passing without being frisked.
“In such instances, you have your supervisor scolding you for not doing your work. So I stood my grounds,” recalled Kerubo.
At this moment, she claims the shopper pinched her nose telling her “you need to “know people.”
For a moment, Kerubo was shaken but says she did not put up a fight as she did not know who the shopper was. “After she pinched my nose at the security desk, she proceeded to the pharmacy and beckoned me,” she recalled with tears flowing down her cheeks.
Learn to respect people
Kerubo says by then, she assumed the DCJ had calmed down but on reaching where she was, she told her to learn to respect people.
“I told her respect is two way and left the chemist for the security desk where I continued screening customers,” she said.
But this seems to have rubbed Baraza the wrong way. Kerubo alleges on her way out, the DCJ came to her desk and ordered her security detail to shoot her.
“I did not know she had a bodyguard and only realised when she told a man following her closely to shoot me,” she said.
By then, Kerubo said she did not take it seriously and went on with screening clients only to see the lady reappear pointing a pistol at her.
“I knelt down begging her to spare my life. I could not hear what she was saying but as soon as she lowered the gun, I fled to the security office up stairs where I found one of the senior security officers,” she said.
After reporting the incident to her supervisor, Kerubo, whose father was shot dead by unknown assailants as he guarded a Karen home in 2000, requested to be allowed time off as she could not continue with her work.
Recollecting the events of the day, Ogweche said on the evening of December 31, Kerubo returned home earlier than expected.
“Unlike the normal days, she came and did not even greet me and I knew there was a problem as she began to cry,” he said.
He said the following day, after disclosing her tribulations, she refused to go to work but convinced her for the sake of the family.
Since then, the events ensuing events have been intriguing. Kerubo has been shuttling from one Gigiri police station office to another recording statements.
She and her family have also been lured into a reconciliatory meeting with Baraza, which was set for Thursday at their home.
Ogweche says he received a call from a person speaking in Kisii dialect telling him to convene his relatives and wait for Baraza, who was to apologise on Thursday at 9am.
“We waited up to the evening and a woman claiming to be Baraza’s relative appeared,” said Ogweche.
As it seems, the frantic efforts to reconcile the two women – already far apart in the social standing – has only raised temperatures and widened the rift further.
The emissary allegedly sent by the DCJ failed to convince the family after they insisted Baraza herself meets them to apologise.
He added the woman, who did not even provide her name, rang someone whom she said was Baraza and told her not to proceed with the meeting because journalists were in the vicinity.
He said the woman brought them two loaves of bread, three packets of milk, two kilos of sugar, two kilos of rice, three packets of maize flour and four litres of soda.
Kerubo is a casual labourer earning Sh2,400 per week while Baraza enjoys a security of tenure and takes home monthly emoluments of over Sh1 million, all paid by taxpayers.
On the other hand, Kerubo rents a Sh4,000 two-roomed house where she shares with her family of five.
“We just moved from a Sh1,800-a-month one-roomed iron sheet shanty because our family is now big,” said Ogweche.
Kerubo said on the day she encountered Baraza, she had worked as a guard at the village market for only 28 days.
Previously, she worked at Numetro Cinemas for six years, also as a security guard before it was closed down in June. She said after the incident, she is no longer sure of the future of her job because of fear.
“My husband is a mason and when there is no construction work we all depend on my meagre earnings,” she said.
Ogweche, 38, said he has not known Kerubo to be combative or argumentative in their relationship spanning 17 years – 12 of them as a married couple.
“Everyone needs to be respected in his or her work and it is unfortunate that some people look down upon others. It is even worse when it comes from the custodian of our justice system,” he said.
The family says they are willing to forgive Baraza unconditionally if she offers a genuine apology.
“I am willing to forgive her if she apologises. But if she cannot, she told me we meet in court which is still okay for me,” said Kerubo.
Hi folks,
Its a sad day when “interllectuals” and us “common folks” ,begin to issue demands ,upon a person or persons ,that have not been charged,or take sides with a person or persons that have yet to be proved to be or not found to be saying the truth .In so far as am concerned we should let the process play out ,instead of hyperventilating online ,when we are not even privy to the information and the real time evidence as gathered by ,cctv cameras,and investigaters on the ground.
Its also very dissapointing that we in the diaspora rely on whats been, to fuel our discussions and make unsubtantiated opinions.
Its not correct ,both legally and morally.
My hope is that as this case unfolds, the wheels of justice will play out fairly and equitably without bias to anyone as promised by the authorities tasked with finding the truth and following what is due process to ensure justice is served.In this ,am not on anyones side but that of letting whats under the judicial process be respected, then we issue demands after which way the decision goes.
Its an accepted rule of law that what is pending before any judicial organ be it ,a commission like the JSC, or a court as constituted ,should not be subject of unnecessary debate that might jeopardise the final findings.The court of public opinion has often led to miscarriages of justice to the detriment of the rule of law.
Lets discuss as civil society without taking sides.Thats my prayer.
Ean Wuod Luo
Tony Odera, KSB commentators will not be left out when mainstream and social media are flooded with opinion for and against Baraza. The court of public opinion is granted freedom of expression without fear of being gagged. What do you mean by due process when Baraza is already sending bags of food to the victim? Is she not influencing the process? Let people air their views.
@ #18: the incident is an acid test to CJ Mutunga and Kenyans in general. Gauging thoughts online is healthy since the matter is public. Legal action remains in the hands of the JSC and relevant authorities. Therefore, whether you remian neutral as you pretend here, or chastise those who take sides, you influence nada.
Those who want Ms Baraza removed cite Chapter Six of the Constitution, which addresses issues of leadership and integrity. Article 73 spells out the expected conduct of State officers.
It says authority assigned to a State officer is a public trust to be exercised in a manner that demonstrates respect for the people, brings honour to the nation and dignity to the office and promotes public confidence in the integrity of the institution.
Ms Baraza’s critics also argue that her conduct at the Village Market raises questions about her temperament.
The judges’ code of conduct demands that they maintain composure under stress, calmness and order as well as control anger.
The other emerging argument is that handling of Ms Baraza’s incident could be a reference point in the ongoing vetting of judges.
The Vetting of Judges and Magistrates Act requires the relevant agency to measure the judicial officers’ temperament.
The vetting board would only recommend retention judges with “demonstrable possession of compassion and humility and those with a history of courtesy and civility in dealing with others”.
A member of the Judicial Service Commission, who spoke to the Sunday Nation on condition of anonymity, said members may propose removal of the deputy chief justice if it is proven that she threatened a security guard with a gun as alleged.
Article 168 of the Constitution says a judge of a superior court may be removed from office for gross misconduct or misbehaviour.
http://www.nation.co.ke/News/politics/Why+critics+want+deputy+chief+justice+kicked+out+/-/1064/1301674/-/item/1/-/x1kuxs/-/index.html
In a civilizeed society Baraza should have resigned by now and await the Judicial Service Commission (JSC) hearing called by Chief Justice Willy Mutunga.
THERE IS No bigger way of demeaning an Adult than pinching them, and in the Nose! It is worse to do so to a Woman, who is conscious of her appearance, and in Public. How was she expected to continue with work the rest of the day? How will the DCJ’s Security staff deal with her in the future, or do they also get pinched but Fear to say? The Public has formed a view of Ms Baraza as very cruel indeed, and Not Fit for Office unless evidence is adduced to the contrary.
The Village Market is a privately owned property so Baraza should have queued for security check line anybody else.
there’s a rumour Baraza is a short-tempered person and is used to bossing people around
Whatever the outcome of this matter,many Kenyans have doubt if DCJ is capable of steering Judicial reforms and apply law fairly regardless of class.How come she wants to be recognized ad favored so soon.She is public servant and should treat all taxpayers with dignity.
MS Baraza is not alone >50 years of (Negger-Uhuru) Kenyans are still discriminated Racism in Kenya has reached its peak .Black neggers and niggress are not allowed to Swim and Mix with White-super race hence (nigger dirty)>Singer and former radio presenter Talia Oyando almost had her holiday at the coast ruined on Tuesday afternoon. The former Emmy award winner together with a friend fell victims of what they branded “racism in their own country” after they were asked by a manager of a hotel in Diani “not to swim at the beach” as it was reserved for white people only. Angered by this incidence Talia took to Twitter, to express her anger and disappointment. “Oh wait and there’s also a place in Diani where Africans are not allowed to swim, ” she wrote. “Just experienced racism on Kenyan soil. In 2012 apparently we are not in Kenya. Breathes in and out,” read another one of her tweets. As if being told off was not enough the German manager who could not be identified went on to insult them. “He really abused us, things I cannot repeat and told us we are not in Kenya but German Park and to F*** off.” When she reported the matter to Diani police station the manager was still arrogant and refused to get out of the premises telling the police that he was eating and claimed to not speak English. He however apologised to Talia and her posse after spending some time at the police station writing a statement with the help of a translator.
The purge with which Kenya’s judicial machinery is taking off is quite reassuring to Kenyans. We need to support our Judiciary for all the rights and criticize it for any error. This is the only institution put in place by merit rather than cronyism and seemingly mindful of the peoples’ mood. DCJ issue should be handled in utmost respect of our law.
i am a luhya and sapot Barasa 100%. Tunaonewa sisi na makabila mengine. Kerubo was planted to destroy our mama because people are jealous about her 1 milion sh salary per manth.ythey want to finish her that is why all the lyes.her expensive handbag is desighned to look like a pistol but she never have a pistol.this is all because she is hard working and others are jelousy.kerubo is a laya who has been paid to finish mama barasa.we pray for her to keep working.she also took pread and milik to kerubo to say sorry.u see she wants to feed the poor famili.she isi a fery kindi womnan our paluya most senia ofisa in the country.stop piing jelasi.
Baraza is nothing but a piece of crap.Wud she assault a guard at an airport security check somewhere in the Western world? Only in Kenya do such mavi ya kuku think they are gods. She should be sacked. I don’t know why Mutunga didn’t ask her to step aside immediately pending investigations. Time to show these big shots wasting taxpayers money that they are nothing but mere public servants!
No, NO and no and again Mama wa Ingo,MS baraza is a Lesbian (rumoured) and for those who has sdudied Lesbianism and Homosexuals ruthless and their aggressive beastly behaviours would exactly understand that there is/was a conspiracy between Ms Baraza and Kerubo .Why did Barasza go to his car and bring with her a gun?She wanted to prove to Keroba (the Village marker guard ) who is Nakanyangaga mwingine!
Kenyans will realize soon how homosexualls and lesbians are a danger to our society.
Has ms Baraza been married? where was her husband? remember her days when she was being vetted somebody asked her about her lesbianism what was the answer.
Misenge ni hatari sana. And the western europe has put it as a condition for African countyries to be given Aids/Donations .
All African countries must recognize and accept Uzenge as a preconditions to be receiving Donations(Mikopo/Misaanda).
Lets all sober up on this! If you have gone through the harassment some security guards put people through in the name of Checks then You would probably understand Baraza’s reaction though pulling the gone was an extreme reaction! I only wish the blogs, pressure groups and he know it all would be this active against our “leaders” who run cartels, starve Kenyans to death, award themselves fat perks and plan day and night on how to mutilate the constitution while their henchmen shower them with praises. The DCJ apologized to the security guard, who seems to be enjoying the limelight, for Christ’s sake and my take is that she should Not resign! To the lady security Guard/officer: it matters how you handle people and Yes! the DCJ is Senior to ” the mwenye Village Mwenyewe”.
Its high time that Kenyans, & I mean all Kenyans regardless of their tribe,job group,marital status education background & even physical status should be treated with respect.If Ms Barasa thinks she is too superiour why cant she stay in her own planet where she cant mingle with the minorities? Atleast by her living a nother PLANET we will all learn to tremble at the mention of her name.Ms Barasa must be ready to swallow the bitter pill she unwillingly purchased for intimidating and above all threatening Kerubo’s life.Does she ever read the constitution??? I wonder, because nobody doesnt know that everyone is entitled to LIFE.Even lucifar knows this!
Police want Baraza tried
By FRED MUKINDA
Posted Monday, January 9 2012 at 22:30
Police believe Deputy Chief Justice Nancy Baraza and her driver should face gun charges, security officials told the Nation on Monday.
Among the charges police want Lady Justice Baraza to face are unlawful possession of a firearm, illegal use of a firearm and threatening to kill.
Lady Justice Baraza, who is also the Deputy President of the Supreme Court, is alleged to have assaulted a security guard, Ms Rebecca Kerubo, on New Year’s eve at the Village Market, an upmarket shopping mall in Nairobi.
On Monday, her employer, the Judicial Service Commission (JSC), ordered an investigation into her conduct and will take a decision about her future on Friday.
The judge has apologised for an “unfortunate” incident, but has denied that it involved a gun.
As a sign of the gravity of the incident, Police Commissioner Mathew Iteere sought the legal advice of Attorney-General Githu Muigai yesterday morning.
A knowledgeable Judiciary source said Mr Iteere took a strong position on the matter, informing Prof Muigai that he would resign if the JSC interfered with investigations. But there were conflicting reports as to whether the investigation file, together with the prosecution recommendations, had reached the office of prosecutor Keriako Tobiko.
Within the JSC, judge Baraza’s legal quandary is being seen as an embarrassment to the Judiciary and as testing the “spirit of the equality of all before the law”. But the JSC is also careful not to become a lynch mob and its members are understood to be determined to offer her a fair hearing.
“Justice must not only be done but also be seen to be done. That is why the sub-committee was formed to hear all sides,” said the source explaining why the JSC did not take its decision yesterday.
Scuffle at mall
The sub-committee is chaired by the Rev Samuel Kobia. Its members are Mr Ahmednasir Abdullahi, Ms Emily Ominde, Ms Florence Mwangangi, Prof Christine Mango, Mr Titus Gatere and Mr Justice Isaac Lenaola, with Mrs Gladys Shollei as its secretary.
The Police investigation into the mall scuffle was led by the director of CID, Mr Ndegwa Muhoro, underscoring the seriousness with which the case is being treated. Police sources said detectives were satisfied that they had sufficient evidence to sustain charges.
The decision to recommend prosecution, police sources said, was mainly based on Judge Baraza’s statement, which police described as “self-incriminating”.
Statements were also taken from the driver and the judge’s bodyguard as well as other witnesses.
In their reconstruction of events, detectives believe that Lady Justice Baraza obtained a gun from her driver, which she brandished at a cowering Ms Kerubo. There have also been allegations that she threatened to shoot the security guard in an incident which threatens to undermine judicial reforms.
Police want Baraza tried
By FRED MUKINDA
Posted Monday, January 9 2012 at 22:30
Police believe Deputy Chief Justice Nancy Baraza and her driver should face gun charges, security officials told the Nation on Monday.
Among the charges police want Lady Justice Baraza to face are unlawful possession of a firearm, illegal use of a firearm and threatening to kill.
Lady Justice Baraza, who is also the Deputy President of the Supreme Court, is alleged to have assaulted a security guard, Ms Rebecca Kerubo, on New Year’s eve at the Village Market, an upmarket shopping mall in Nairobi.
On Monday, her employer, the Judicial Service Commission (JSC), ordered an investigation into her conduct and will take a decision about her future on Friday.
The judge has apologised for an “unfortunate” incident, but has denied that it involved a gun.
As a sign of the gravity of the incident, Police Commissioner Mathew Iteere sought the legal advice of Attorney-General Githu Muigai yesterday morning.
A knowledgeable Judiciary source said Mr Iteere took a strong position on the matter, informing Prof Muigai that he would resign if the JSC interfered with investigations. But there were conflicting reports as to whether the investigation file, together with the prosecution recommendations, had reached the office of prosecutor Keriako Tobiko.
Within the JSC, judge Baraza’s legal quandary is being seen as an embarrassment to the Judiciary and as testing the “spirit of the equality of all before the law”. But the JSC is also careful not to become a lynch mob and its members are understood to be determined to offer her a fair hearing.
“Justice must not only be done but also be seen to be done. That is why the sub-committee was formed to hear all sides,” said the source explaining why the JSC did not take its decision yesterday.
Scuffle at mall
The sub-committee is chaired by the Rev Samuel Kobia. Its members are Mr Ahmednasir Abdullahi, Ms Emily Ominde, Ms Florence Mwangangi, Prof Christine Mango, Mr Titus Gatere and Mr Justice Isaac Lenaola, with Mrs Gladys Shollei as its secretary.
The Police investigation into the mall scuffle was led by the director of CID, Mr Ndegwa Muhoro, underscoring the seriousness with which the case is being treated. Police sources said detectives were satisfied that they had sufficient evidence to sustain charges.
The decision to recommend prosecution, police sources said, was mainly based on Judge Baraza’s statement, which police described as “self-incriminating”.
Statements were also taken from the driver and the judge’s bodyguard as well as other witnesses.
In their reconstruction of events, detectives believe that Lady Justice Baraza obtained a gun from her driver, which she brandished at a cowering Ms Kerubo. There have also been allegations that she threatened to shoot the security guard in an incident which threatens to undermine judicial reforms.
http://www.nation.co.ke/News/Police+want+Baraza+tried+/-/1056/1302642/-/o6bme9z/-/index.html
But the driver and bodyguard, both police officers, in their statements, denied giving their weapons to the judge. They also denied that she handled any weapon during the incident.
Police also do not have usable CCTV evidence and said the footage could have been “distorted and thus was unreliable”. Village Market Managing Director Hamet Ehsani, through a spokesman, said the footage was not interfered with.
“We did not alter or edit the CCTV footage. We have no interest whatsoever in doing such a thing. After all, the complainant is our guard,” he said.
Ms Baraza is not alone when impunity is at its highest grade Police inspectors are shooting levellers emptying the whole magazine in somebodys chest>please twitter this one>OCS ‘kills man’ in brawl over barmaid
Updated 6 hr(s) 10 min(s) ago
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Police boss warns locals of terror attack threat
Reprieve for cement firm bosses as suspension lifted By Daniel Nzia and Onesmus Nzioka
Residents of Makindu town blocked the Mombasa Highway protesting the killing of a charcoal seller by a police officer.
Tension remained high in the town as irate residents lit bonfires on the road demanding the arrest of the Makindu OCS, Samuel Sericho, who shot one Sammy Macharia in a bar in the town on Sunday night.
Eastern Provincial Police Officer Marcaris Ochola confirmed the incident and said the officer will face the law.
He warned that no police officer will be allowed to take the law in their hands against the subjects they are supposed to guard, adding the officer will be arraigned before a Machakos court this morning.
Pumped bullets
The Makindu OCS is said to have rushed to Joy Guest house in the town at about midnight after a barmaid allegedly called him following an argument with the deceased.
He reportedly first shot the victim on the shoulder before he pumped three other bullets into his body.
Eyewitnesses said revellers in the guesthouse scampered for safety leaving the OCS and the barmaid who people claimed was his girlfriend.
“He continued drinking as the body of the slain man lay in a pool of blood as if nothing had happened,” a reveller who did not wish to be named told The Standard.
Drunken officer
The OCPD led a team of officers to the scene where they found the drunken OCS sleeping on the counter. They disarmed and arrested him.
The barmaid was also arrested. Both were taken to Makindu Railway police station.
On Monday senior police officers who included a top detective from the PPO’s office Embu, Mr Amos Teben, DCs Naomi Mwangi (Makindu), Joseph Sawe (Kibwezi) and Makueni OCPD Joshua ole Leina visited the scene and launched investigations.
Teben said the motive of the killing is yet to be established but preliminary investigation revealed the officer was drunk at the time of the incident.
Speaking on behalf of the PPO, Teben appealed for calm as police carry out investigation into the night incident.
Women have not voiced their support or condemnation of Baraza. Quite telling!
Baraza and Ambassador Purity Muhundi are women who are full of themselves and mistreat junior employees. At the Kenya-Stockholm Embassy junior staffers report to work fearing they could be sacked at any time. A few years ago, Purity showed her wild animal nature by mistreating Njenga who was helping her with manual work. This is what you get from such women once they get top jobs. Ruthless, cold and bitchy!
Security guard changes tune and insists on trial in gun threat claim
By Nation Reporter
Posted Tuesday, January 10 2012 at 22:00
Ms Rebecca Kerubo, the security guard who has accused Deputy Chief Justice Nancy Baraza of assaulting her on New Year’s Eve now wants the matter to go to trial.
The apparent change of heart came only a day after she was quoted as having said she was willing to meet and forgive the judge.
But on Tuesday, through lawyer Katanga Irungu, Ms Kerubo said all she wanted was “justice” for her case.
“The matter should go to a criminal trial. We are prepared to go there and give our testimony,” said Mr Irungu, shortly after appearing before a Judicial Service Commission sub-committee that is investigating the matter.
Ms Kerubo was interrogated by six members of the sub-committee that is being chaired by the Rev Samuel Kobia for one hour.
Lady Justice Baraza, who is also the Deputy President of the Supreme Court, later appeared before the sub-committee.
She, however, remained tight lipped over what transpired and refused to say whether she would give in to pressure to resign.
“Let the matter go to court. Imagine if it was the other way round and Lady Justice Baraza was the victim, my client would have been in prison as we speak,” added the lawyer.
“We want the law to be applied uniformly, be it to the common mwananchi or any other important person in the community.”
Ms Kerubo arrived at the Supreme Court buildings in Nairobi shortly after 2pm, but had to wait until 3pm to be interrogated by the committee.
She was accompanied by her husband, Mr Bernard Morara, and Mr Anthony Makhanu, her co-worker as her main witness who will be interrogated on Wednesday.
The team could not take evidence from Ms Kerubo’s husband because of time.
This means the two will give their account of the incident which occurred at the Village Market shopping mall on Wednesday, said their lawyer.
“I also want to clarify that my client has not demanded money from the Deputy CJ as it is being claimed. That is not true,” he said.
Lady Justice Baraza arrived early for the interrogation looking composed.
She entered the Supreme Court’s boardroom only to find her accuser still being interrogated.
Interrogated
She then walked out and waited outside and was offered a seat by journalists which she declined saying: “Let the great Kenyans sit.”
She was then escorted to another room awaiting her turn.
And an hour after being interrogated, Lady Justice Baraza emerged out of the room tight- lipped.
Among charges likely to be preferred against Ms Baraza if the matter goes to trial are unlawful possession of a firearm, illegal use of firearm and threatening to kill.
On Monday, the Police Commissioner, indicated that the investigation report and the recommendations had been sent to the office of the Director of Public pros
Now that Baraza is finally bein pushed outta office, we need to find out what messed one of the promising kenyan personality.
I think the answer lies at the belladona pharmacy. We need to know what kind of medication was she so much after that she threw courtesy out of the window.
Could she be reliant on a certain medication that she was out of and thus was sufferin withdrawal symptoms? Being a festive period, could she have been havin a serious hangover that clouded her reasoning? Or could it be that she had had alot of ingokho that made her have a running stomach, thus she was rushing for dawa.
The whole incident is so hard to comprehend
The police, separate sources revealed, are determined to have her prosecuted, and at the level of the commissioner there is conviction that the evidence gathered so far is enough to sustain a trial. The final decision is, however, left to Tobiko.
Whichever comes first, appearance in court or action by the President, she would automatically stand suspended as DCJ and deputy president of the Supreme Court and on half-pay.
Apparently JSC had, in the hope of giving her a lifeline, opted to go slow in drafting the petition hoping she would opt for what some of its members called a ‘honourable exit’.
This is where one voluntarily resigns to avoid being dragged through the mud and humiliation of tribunal. But it works well only where the subject feels he or she stands to lose more at the judicial inquiry, particularly in the public eye.
It is believed that the prospect of either facing a tribunal or criminal trial, or even both as explained by Justice minister Mutula Kilonzo as an acceptable possibility on Wednesday, is the reason some of her peers in the legal profession are convinced JSC dragged its feet on her petition in the hope she would resign, and pick up the cheque for her unserved term.
It is for this reason that some members of JSC are believed to have, on the basis of what one lawyer called ‘Solomonic Wisdom’, bought time hoping Baraza would jump for the cheque and save herself and the Judiciary under reform the embarrassment either of a court process or tribunal hearing over her gun whipping and violent treatment of a security guard on New Year’s Eve.
A section of JSC and the Attorney General’s office, sources reveal, bet on the fact that Baraza may opt for the easier way out, but up to on Thursday, three weeks after the incident at Village Market Mall, which the DCJ has not denied took place, she was still in office.
Entitlement
This means Baraza, who has denied pointing a gun at or pinching the nose of a private security guard, Rebecca Kerubo, who insisted on frisking her handbag as part of the new anti-terror security measures.
Ms Kerubo insisted when she appeared before police and a committee set up by Chief Justice Willy Mutunga to probe the claims against Baraza that this is what the DCJ did. She also conceded she did not recognise Baraza and was not told by her guards who she was. She maintains Baraza admonished her saying, “You should know people”.
The new complication, a source familiar with the controversy around Baraza, lies in the fact that she enjoys security of tenure, and there is no clear limit to her term as DCJ provided for by the Constitution.
It is therefore assumed she will serve in the position until she turns 70 around 2026, in line with the age ceiling the new laws set for judges of the High Court, Court of Appeal, and the Supreme Court.
Given that the CJ is left with about three years before he turns 70, members of the Judiciary expected Baraza to take over from Justice Mutunga when he leaves office. The CJ has a ten-year tenure or on attainment of age 70 – whichever comes first.
So for Baraza, apart from losing the prospect of being Kenya’s first lady CJ and the perks and prestige that goes with it, if she bows out she could lose about 15 years of uninterrupted service as a judge.
Calculating her entitlement should she leave on her own volition at an average of Sh1million a month, and given she could still have had 15 years to serve in that capacity, that would mean her take home before tax is anywhere in the region of Sh180 million.
It could even be more because this figure excludes her entitlement as the DCJ. This is the bait some members of JSC and security organs expected she would swallow.
If she faces either a tribunal or court and is found to have acted dishonourably and brought the court into disrepute, then that would be the reason she may not be paid a penny.
In the case of the court, if she is finally tried, she also risks not only removal from office, but sentencing or fining, both of which would likely see her lose her benefits.
But by last evening it looked less likely Baraza would go for the money and negotiate exit package, sources who because of the sensitivity of the matter did not want to be named, or to be seen to be subjecting her to trial on the media platform, said.
It is believed Baraza held on either because she believes either of the two processes will clear as she has predicted, or due to belief if she opts for the easier option her name would remain blotted.
Removal of judge
To hasten the process, JSC whose head has declared no one is above the law, on Thursday met and approved the final draft of the petition to the President, as per the requirements of Article 168 of the Constitution.
The Article outlines the procedure for the removal of a judge.
“There has been a misconception from the media that the President had 14 days to suspend the Deputy Chief Justice from the day the JSC agreed to petition him, but that is erroneous. The law requires him to do so after receiving the petition,” explained a JSC member.
If the President receives the petition today it would mean he has until February 2 to act on Baraza.
“Members have been going through the petition and our meeting today (on Thursday) is to approve it, then we present the same to the President tomorrow (today). Only after tomorrow, if we present the petition, would he be required to suspend the judge and institute the tribunal within 14 days,” explained a member of JSC.
Suspended Baraza to face tribunal
By PATRICK MAYOYO pmayoyo@ke.nationmedia.com
Posted Wednesday, January 25 2012 at 22:30
President Kibaki on Wednesday suspended Deputy Chief Justice Nancy Baraza and appointed a seven-member tribunal to investigate her conduct.
The team will be chaired by former Tanzanian Chief Justice Augustino Stephen Lawrence Ramdhan.
The members are Prof Judith Mbula Behemuka, Justice (Rtd) Philip Ransley, Surinder Kapila, Beauttah Alukhava Siganga, Grace Barbara Ngele Madoka and Prof Mugambi Jesse Ndwiga Kanyua.
The President also appointed Ms Valeria Onyango as lead counsel and Gideon Solonka Kilakoi assisting counsel to assist the tribunal.
The Head of State said the mandate of the tribunal shall be to investigate the conduct of the DCJ on the basis of Articles 168 (I)(e), 73(I)(a) and (b), and 75(I) and (2) of the Constitution and the Judicial Service Commission (JSC) Code of Conduct and Ethics, Legal Notice No 50 and other relevant laws and matters.
Accused of assaulting guard
The President said he suspended the DCJ from exercising the functions of her office with immediate effect according to Article 168(5) of the Constitution.
Ms Baraza was accused of assaulting and threatening to shoot Ms Rebecca Kerubo, a guard at the Village Market shopping mall, on the New Year eve.
The JSC recommended the suspension of Ms Baraza on January 13, and asked President Kibaki to appoint a tribunal to investigate her conduct. (READ: JSC wants Baraza out)
She took it in her stride, saying she respected the decision of the JSC. (READ: Baraza: No retreat, no surrender)
She has retained lawyers George Oraro, Chacha Odera and Cyprian Wekesa to act for her on the matter.
“My case is in the able hands of lawyers and people should leave me alone,” she said.
Chief Justice Willy Mutunga petitioned the President to suspend her on recommendation of a sub-committee of the JSC that investigated the claims that Ms Baraza pinched the guard on the nose and threatened to shoot her.
Dr Mutunga said the team did not look at the criminal culpability of his deputy but the code of conduct for judicial officers.
Article 168 of the Constitution says a judge of a superior court may be removed from office for gross misconduct or misbehaviour.
Police had recommended that she be charged with assault and gun-related offences but Director of Public Prosecutions Keriako Tobiko returned the file for more investigations.
Last week, police returned the file to Mr Tobiko, who is yet to make public his decision.
As deputy president of the Supreme Court, Ms Baraza was the most senior woman in the Judiciary.
She previously served ad deputy chair of the Kenya Law Reform Commission and was a commissioner with the Constitution of Kenya Review Commission.
The tribunal will prepare and submit a report and its recommendations to the President, exercise all the powers conferred upon it by law for the proper execution of its mandate.
Mutula wants Baraza charged
Tuesday, 07 February 2012 00:07 BY IBRAHIM ORUKO
JUSTICE minister Mutula Kilonzo yesterday criticised the Director of Public Prosecution for failing to prosecute Deputy Chief Justice Nancy Baraza for threatening to shoot a shopping mall security guard. Mutula asked the DPP Keriako Tobiko to immediately institute criminal charges against Baraza for threatening Rebecca Kerubo Morara during the New year’s eve incident at the Villager Market shopping mall. Last week, Tobiko said he would only decide whether Baraza will face criminal charges after a tribunal appointed by President Kibaki on the recommendation of the Judicial Service Commission completes its work of investigating Baraza’s conduct.
The police completed their investigations and handed over their report to Tobiko in which they recommended that Baraza face criminal charges over the incident in which she threatened to shoot Kerubo when she attempted to frisk her. “I don’t agree with Tobiko’s position. People must be prosecuted when crimes occur, not at their convenience,” Mutula said yesterday.
He dismissed suggestions that there would be conflict if the two processes—the criminal proceedings and the tribunal— were carried out concurrently. “We either have a new dawn or false hope. But as the Minister for Justice, I want to give Kenyans a new dawn,”Mutula said. Mutula also rapped the judiciary for being an “impediment” to the implementation of the constitution through controversial rulings delivered by the courts in the recent past. He said some of the recent injunctions granted by the High Court in cases dealing with key constitutional processes were themselves ‘unconstitutional.” Mutula asked the Attorney General Professor Githu Muigai to appeal the injunctions and have them set aside.
Mutula was particularly concerned by the injunction issued by the High Court stopping the vetting of judges and magistrates. “The vetting board must be allowed to start its work without any further delay,” he said during a stakeholders’ workshop to facilitate the development of legislation on leadership under Article 80 of the constitution.
Some of the provisions Mutula suggested should be included are penalties for breach of the code of leadership and integrity without prejudice to the sanction of dismissal, removal from office and a bar from holding public office in future. Mutula also wants all public assets acquired through corruption reclaimed by the state and all offices, either public or private, be accountable for their reputation. He wants people who accept bribes to be taken to court promptly and indicted for engaging in corruption.
Shame: Kerubo frustrated and Baraza buys commissioners ‘coffee’
Wednesday July 4, 2012 – In what might be seen as impunity of the highest level, lawyers representing Rebecca Kerubo in a case against Deputy Chief Justice Nancy Baraza were shocked beyond their eyes, after the tribunal hearing the case locked them out.
One of the lawyers, George Maosa was asked to leave the tribunal chamber at the Kenya International Conference Centre (KICC) during the introductory session on Monday morning.
The second lawyer, Mr Irungu Kang’ata was informed on Tuesday morning that Ms Kerubo would not be represented at the tribunal since she is a witness.
In what may appear like foul play on Kerubo’s case, the tribunal decided that Kerubo’s rights would be taken care of by the head counsel from the Director of Public Prosecution’s office.
The move generated a lot of heat from members of the public who threatened to file another case against the questionable characters in the tribunal.
“The Deputy Chief Justice is represented by three lawyers and Kerubo has an equal right to be represented by a lawyer of her choice,” Kang’ata said.
Ms Kerubo has accused Deputy Chief Justice Nancy Baraza of assaulting and threatening to shoot her for not recognising her when Kerubo was guarding the famous Village Market Shopping Mall entrance in Gigiri.
After preliminary investigations, the Judicial Service Commission asked President Kibaki to form a tribunal to investigate the allegations.
Members of the questionable tribunal comprises of Ramadhan, Prof Ruth Behemuka, retired High Court Philip Ransley, Surrinder Kapila, Beuttah Singanga, Grace Madoka and Prof Mugambi Kanyua.
On Monday, Kerubo was seen weeping because of frustrations from the tribunal as she was escorted out of the chamber.
Rumour has it that, three members of the said tribunal were spotted in an exclusive hotel in Westlands courtesy of an invitation by Nancy Baraza.
The big question is; is this tribunal committed in ensuring justice is delivered in this case?
The Kenyan DAILY POST
NANCY BARAZA assaulted another MAN
Friday July 20TH 2012 –After an assault case where the deputy Chief Justice Nancy Baraza was accused of assaulting a security guard, now a pastor has sued her again for a fresh and different assault case.
Mr. Bryson Mangla Agot yesterday in his suit demanded the High Court in Nairobi to order the Judicial Service Commission to make a recommendation to the President to form a tribunal to investigate the conduct of Ms Baraza.
Mr, Agot claimed that he was abused by Mr. Baraza in September last year when she directed her security guard to assault him at the Supreme Court.
Agot says that he is both a pastor and an accountant in profession. He claims that Ms Baraza together with her personal assistant, Keneddy Bidali, participated in the assault where he lost his phone, his suit was torn and suffered mental anguish.
According to Agot he had gone to the CJ’S office to follow up on a complaint he had lodged earlier but unfortunately DR Willy Mutunga was not there. He was directed to be helped by one Mr. Bidali. Mr. Bidali arranged for him to see Ms Baraza who gave him sh 3,000 bus fare and an appointment for October 30.
When he realized that the day he was given was on a weekend, he hrushed back to question the matter and that is when Baraza attacked him.
The Kenyan DAILY POST
Why I believe that Nancy Baraza should resign
By MAKAU MUTUA
Posted Saturday, August 4 2012 at 18:05
Until now, I have kept my powder dry. I have been reluctant to pull the trigger. That’s because I hold suspended Deputy Chief Justice Nancy Baraza in high esteem.
I consider her a friend. But I cannot keep silent any longer. She’s innocent of the charges levelled against her until she’s found culpable.
However, what’s at stake now isn’t her innocence or guilt. It’s the public’s faith in the institution of the judiciary. That’s why – painful as this is for me to say – I believe that Justice Baraza must resign.
Her credibility as a guardian – and steward – of a new judiciary has been shattered by the allegations against her. She simply can’t recover from such serious – and unfathomable – accusations.
I am utterly flabbergasted by the charges levelled by Village Market security guard Rebecca Kerubo against Justice Baraza. They are completely incredulous. I am not saying they are untrue – or true.
Hapless security guard
But they are eye-popping and outlandish. I thought it was a cruel prank when I first heard about it. I said to myself – that’s not the Nancy I know. Pinching the nose of a hapless security guard? Pulling a gun on an innocent working poor woman? I almost went on my knees to pray that it wasn’t true.
My head is still spinning even now when I think about it. It sounds like fiction, straight out of the movies. Except it could all be sadly true. We don’t know yet.
I last physically saw Justice Baraza at a conference organised by the Gay and Lesbian Coalition of Kenya (GALCK) at the Masai Lodge in April last year.
GALCK had invited both of us to speak about strategies for decriminalising homosexuality in Kenya.
Justice Baraza spoke eloquently and with great empathy about the humanity of us all, whether gay or straight, and the obligation of society and the law to treat gays and lesbians as equal human beings. I admired her courage to stand up and be counted on this difficult and toxic issue.
It’s because of that courage – and her long history in the trenches for civil and human rights – that I supported her candidacy for the Supreme Court.
I know some critics charge that Justice Baraza has been double-faced as a reformer. She’s been accused of opportunism, and of “sleeping with the enemy”.
In 1991, she teamed up with former KACC Director Aaron Ringera to sue the Law Society of Kenya and its chair Paul Muite for advocating multipartyism. The suit was believed to have been instigated by the Kanu-party state.
Predictably, Justice Norbury Dugdale, a “contract judge”, ruled against Mr Muite and the LSK. Justice J.A. Mango affirmed the ruling, saying the LSK was guilty of public incitement and contempt for lawmakers.
I am told that Justice Baraza has since apologised for her role in that dark episode. I have accepted her contrition.
Except for that LSK problem, the balance of Justice Baraza’s public life has been lived in the service of the people. She’s not perfect, but who among us is? So far as I can tell – and I don’t know anything about her private life – she has been toiling like most Kenyans.
Overall, she’s been on the right side of history. That’s why what happened to her hurts so much. I know that some of her detractors are misogynists who hate women in power. Others are civil society haters. They never tire of disparaging what they call “civil society types”. They claim that “civil society types” are disastrous when they join government. Don’t listen to them.
Those attacking civil society are the ones who have run the country into the ground since 1963.
They orchestrated the 2008 post-election mayhem. They’ve been at the helm since Kenya was born, and they’ve failed. The freedoms they enjoy today are a direct result of activism by civil society.
That’s why they should shut up and stop lecturing civil society – even when one of us goes astray. It will take 100 years before we make half the mistakes they’ve made.
Others attack Justice Baraza because she believes that gay rights are human rights. Guess what? Justice Baraza has been a beacon of light on this critical issue. Live with it, and let our gay and lesbian brothers and sisters be.
I now directly turn to Justice Baraza. You believe in your own innocence, but this matter is now larger than you. Even if the tribunal vindicates you, you may never recover the trust of the public.
Do you want to be an obstacle to the goals you’ve fought for all your life for the sake of a seat on the Supreme Court? How does it look like being in the dock accused by Ms Kerubo? Isn’t she the “Wanjiku” to whom you’ve devoted your entire life?
Public believes Kerubo
I can tell you one thing. The tribunal hasn’t concluded, but the public believes her, not you. I know this is very painful, but you must stop any further bleeding by resigning.
Imagine this – you’ve lost the trust of the Judicial Service Commission. This is the body that interviewed and vetted you. They believed in you.
But, based on the evidence of your encounter with Ms Kerubo, they now doubt you.
They have asked President Mwai Kibaki to suspend you. We can all read between the lines. They must believe you did it, otherwise they wouldn’t have asked the President to appoint an inquisitorial tribunal and suspend you.
That’s why I believe it’s in your best interest – and the reforms you’ve fought for all your life – to resign.
Makau Mutua is Dean and SUNY Distinguished Professor at SUNY Buffalo Law School and Chair of the KHRC.
NANCY Baraza THROWN OUT of the Judiciary
Monday August 6, 2012 – Deputy Chief Justice Nancy Makhoha Baraza has been thrown out o f Judiciary for gross misconduct and misbehavior.
In an announcement made on Monday by Former Tanzanian Chief Justice Augustino Ramadhani who chaired the tribunal, the probing team cited many legal implications that the DCJ broke, during the village market altercation with Village Market guard Rebecca Kerubo.
Rebecca Kerubo alleges that Ms Baraza assaulted her, at the entrance the Village Market on New Year’s Eve, as she attempted to carry out a security check on her. Ms Kerubo said the deputy CJ pulled a gun on her and pinched her nose.
The tribunal, which was set up by President Mwai Kibaki, carried out its hearings behind closed doors and started its sittings on July 2.
The tribunal said Kerubo’s evidence was credible and the DCJ’s evidence was not satisfactory.
In their finding on Monday, the tribunal said the DCJ’s conduct was demeaning to her office, the Judiciary and the Constitution.
The tribunal recommended to President Mwai Kibaki to remove Baraza out of office.
Other members of the tribunal are Justice (Rtd) Philip Ransley, Surinder Kapila, Prof Judith Behemuka, Beauttah Siganga, Grace Madoka and Prof Mugambi Kanyua.
NANCY Baraza in more trouble as KERUBO speaks…..
Monday August 6, 2012 – Rebecca Kerubo now wants the Director of Public Prosecution Keriako Tobiko to open criminal charges against suspended Deputy Chief Justice Nancy Baraza for pinching her nose and threatening her with a gun.
During a press briefing on Monday, Kerubo’s lawyer Irungu Kang’ata said he will write a letter to the office of the DPP requesting him to open criminal charges against the embattled DCJ.
Kang’ata welcomed the verdict saying the tribunal has acted with impartiality and precision to ensure justice is delivered.
Kanga’ta thanked Chief Justice Willy Mutunga for introducing credible reforms in the Judiciary, saying Kenyans now have faith in our court system.
This came barely hours after the tribunal formed to investigate the DCJ, declared her unsuitable to be in the Judiciary for “gross misconduct and misbehavior”.
The tribunal recommended to the Head of State that Baraza is unfit to serve in the Judiciary and she should be removed from office.
The Kenyan DAILY POST
NANCY Baraza to face CRIMINAL charges
Wednesday August 8, 2012 – Bad omens seem to have descended on suspended Deputy Chief Justice Nancy Baraza, after Director of Public Prosecution Keriako Tobiko said he will open criminal charges against the DCJ.
Speaking to journalist on Tuesday, Tobiko said he was finalising a review of the evidence that could see Ms Baraza face criminal charges following the incident at Nairobi’s Village Market Mall where the DCJ threatened a security guard Rebecca Kerubo, with a gun.
“I am considering the prosecution of the Deputy Chief Justice. She must face the law if the evidence presented to my office meets the legal threshold of criminal nature,” Tobiko said.
Tobiko said his office is working round the clock to review the evidence and ensure justice has prevailed in the case.
“The material supplied by the tribunal and the police file forwarded to me earlier by the police are being worked on currently by a team in my office,” he said.
Tobiko urged Kenyans to maintain calm as he will ensure justice prevail on both sides.
The Kenyan DAILY POST
Osewe, you were right from the start that Nancy Baraza should have resigned.At least one Impunity dragon has been slayed.
Baraza resigns, withdraws appeal
Posted Thursday, October 18 2012 at 13:35
SUSPENDED DEPUTY CJ Nancy Baraza resigns, withdraws appeal against tribunal ruling recommending for her sack.
http://www.nation.co.ke/News/-/1056/1536322/-/xsnnjmz/-/index.html