High court bars tribunal from investigating Baraza


The High court has issued orders barring a tribunal set up by President Mwai Kibaki to investigate the conduct of the suspended deputy chief justice Nancy Baraza from summoning her until the matter is heard.

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The court ordered the tribunal to keep off Baraza pending the determination of a petition filed by the suspended judge that seeks to stop the probe team from inquiring into accusations that she assaulted a security guard Rebecca Kerubo at Village Market shopping mall on New Year’s Eve.  

Justice Mohammed Warsame ruled that the matter be heard by a three judge bench appointed by the Chief Justice

The High court had earlier declined a petition filed by the suspended deputy chief justice Nancy Baraza through her lawyer John Khaminwa, seeking to stop a tribunal appointed by President Kibaki from investigating her alleged gross misconduct.

Justice Warsame said he could not issue the orders at first instance because the matter was weighty one, where both parties in the case needed to be heard.

Baraza has named JSC and the attorney General as respondents.

In the petition Khaminwa had argued that the President has no powers to expand the investigation of  the suspended deputy chief  justice  stating that it is illegal, unacceptable  and wrong under the constitution.  

The lawyer faulted a decision by the Commission to petition the president to constitute a tribunal over a simple dispute Baraz and security guard Rebecca Kerubo.

Justice Warsame has directed that the case be mentioned on the 3rd of February this year and the petition lodge by the suspended deputy CJ be heard within 45 days.

President Kibaki last week suspened Baraza and appointed a seven member tribunal to investigate her conduct. The team is chaired by former Tanzanian Chief Jusctice Augustino Stephen Lawrence Ramadhan.

Meanwhile, a Muslim preacher who was arrested on Sunday day with a a cache of arsenals at his Kikambala home in  Kilifi was Monday arraigned in Mombasa Law Court where he denied all the charges facing him.

 Abu  Rogo was arraigned before Mombasa Chief Magistrate Lilian Mutende. ogo however denied the six counts of being in possession of illegal fire arms and explosive materials. The Muslim cleric was arrested in a raid in the early hours of Sunday following a tip off.

He was found in possession of AK 47 riffle, Ceska pistol, Revolver pistol, 113 rounds of ammunitions, two hand grenade and 102 detonators without a valid fire and certificate.

The accused was named in a United Nations report Last year as having links with Somalia’s Al- Shabab militia.

The preacher was first arrested in 2003, alongside three other Kenyans, accused of involvement in the November 2002 suicide bombing of the Israeli-owned Paradise Hotel, but was acquitted two years later.







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