The news of Nancy Baraza’s suspension by President Kibaki and the subsequent formation of a disciplinary tribunal to investigate her conduct couldn’t come at a better time in Kenya.
Kenyans received these news with varied opinions and comments, but one thing resonates in each and everyone’s mind. It is a new dawn for Kenya.
Since the promulgation of the new constitution in 2011, there has not been an indication enough to show that Kenya had taken a new path towards law enforcement and respect for the law in totality, until now.
Nancy Baraza until recently was the most powerful woman in Kenya, being the Deputy Chief Justice of Kenya and also the Vice President of the Supreme Court.
The incident at Village Market where she is alleged to have pinched a guard’s nose and threatened her with a gun was the beginning of her tribulations.
The embattled deputy chief justice has kept off the media and public lime light since she took office, only appearing when necessary.
If this is evidence of her working to streamline our courts, we will never know since she is now suspended and due to face a tribunal of respectable former judges, legal experts and distinguished legal academia.
We applaud the Judicial Service Commission and the president for taking the necessary steps to keep the sanctity and respect of our judicial system. But more so, Chief Justice Willy Mutunga, for being swift in forming a committee to investigate Baraza’s conduct. In all this efforts to end impunity, we ask;
What is the rational in suspending the CJ whose allegations include pinching a nose and still keeping in office the ICC suspects who have more serious charges against them which include murder, rape, possible transfer of population or crimes against humanity?
On Monday, 23rd January, 2012, the International criminal Courts at the Hague, committed to trial, four of the six Ocampo suspects for crimes allegedly committed during the post-election violence of 2007/2008.
The four include, DPM and Minister for Finance, Uhuru Kenyatta, Member of Parliament for Eldoret North Hon. William Ruto, Head of Civil Service and Secretary to the Cabinet, Amb. Francis Muthaura and Radio Presenter and employee of Kass FM, Joshua Arap Sang.
During the confirmation of charges hearings, Kenyans demanded the resignation of the two, Francis Muthaura and Uhuru Kenyatta from their public duty.
The president however defended them and argued that the two will remain in office since they had not been confirmed.
It is therefore baffling that the Attorney General stated that he would not advice the executive to relieve the two from duty after the ICC confirmed their charges, his argument being they were going to appeal the decision.
It is therefore the responsibility of the president and Prime Minister Raila Odinga to respect and uphold the constitution they both campaigned for and swore upon to protect.
If an allegation against the deputy CJ was enough to get her suspended from the second most powerful judicial office in the land, how about charges of crimes against humanity in an international court?
