Baraza resigns, withdraws appeal

Suspended deputy Chief Justice Nancy Baraza has resigned and withdrawn an appeal she had lodged at the Supreme Court to challenges the ruling of a tribunal that recommended her sacking.

“I have this 18th day of October 2012 tendered my resignation as the deputy Chief Justice and vice president of the Supreme Court of Kenya to the Judicial Service Commission,” she said in her resignation letter to President Kibaki.

Ms Baraza explained that her decision was prompted by her lack of confidence in getting a fair trial in the five-judge bench that was to determine hear appeal at Supreme Court.

The singled out her former boss, Chief Justice Willy Mutunga, for making prejudicial remarks in a television interview endorsing the decision of the tribunal.

“Although I have preferred an appeal in the Supreme Court challenging the recommendations of the tribunal set up be your Excellency to probe my conduct, I do not see myself getting a fair and impartial hearing before the court as currently constituted. Two of the judges sat at the Judicial Service Commission which petitioned your Excellency to appoint the tribunal that probed my conduct. They cannot therefore logically and legally sit on my appeal.

“Secondly the Chief Justice in a recent television interview endorsed the tribunal’s recommendations against me which are the subject of my appeal. This has compound my fears that I will not get a fair trial before a bench in which he will participate.

“I still reject the tribunal findings which I found most injudicious and not founded in known principles of law. However, our country is bigger and greater than any one of us,” she said.

13 comments on “Baraza resigns, withdraws appeal

  1. The predators have jawed another catch. Nancy is showing terrible desperation. Neither Mutunga nor Kerubo are to blame for her woes…

    Mark these words…Baraza is jumping from a frying pan into the fire. Watch this space!


  2. And it gets worse.

    “Baraza is now likely to join the legal team of Uhuru on the integrity case over whether he and Ruto can stand for the presidency while facing charges of crimes against humanity in the Hague.”

    “She will be on our side as we take on Mutunga and soon we will unveil her,” said the source close the DPM. Yesterday Eugene confirmed the meeting took place but dismissed reports of a deal as conspiracy theory.


    • Moesha & others,

      I saw that story and I am going to post it here again and look at just how bizzare the whole thing is:

      So what is odd about all these?

      1. Nancy Baraza grovelling to the likes of Uhuru Kenyatta and Eugene is just plain dumb on her part. I know Uhuru has cash to blow away on anything and folks(including Baraza) are hungry but Nancy Baraza need to give herself a little dignity. The CJ did not remove her from office. It was her foolishness. Appealing the case just confirmed she was not very smart. Baraza had no case and she should stop mourning about the CJ. The CJ is doing his job and Nancy has screwed up. She has herself to blame for that.

      2. The big hype about Nancy Baraza’s credentials as a Shujaa on the Kenya struggle for democracy and social justice is highly exeggerated. Yes she was one of the academics who could say stuff against dictatorship but she was hardly anywhere to be seen in the big battles of her generation. I was there. I never saw her anywhere. I am not trying to take anything away from her but she should stop kidding herself that she is some big time Kenyan freedom fighter. She is not. Willy Mutunga was in the trenches with us. Nancy Baraza was never there. I see Nancy Baraza a s a big loose cannon and with the recent developments she seems to be up for sale. Scary stuff. How about if she would be up for sale while at the Supreme Court? Remember she was in front seat to succeed Dr. Mutunga who must retire at age 70. I know the guy looks as sharp and as young as my son but the dude is 66 years old.

      3. It is strange that Nancy Baraza who got her ass kicked out of office for pinching a security guard now wants to help Uhuru who faces charges on crimes against humanity to escape the Integrity requirements in our constitution. Just think about it. Nancy Baraza canot hold office because she pinched a security guard in the nose and hence violated integrity requirements and someone charged with murdrering more than 1,000 Kenyans and the mass rape of tens of thousands of Kenyan women and girls want to tell us the charge has nothing to do with Integrity and the same Baraza who got smoked by the integrity requirements want to help him. Fine Nancy, Take the money but you are not going to help the guy. sawa?The ruling is coming in about in about one week and it is going to be very clear. The court if they don’t bar (Uhuru and Ruto, which is very likely) will make it very clear that if the same facts are presented to them when these ICC inductees are already in office they will throw them out. Which brings me to my last point.

      4. The media is gaga with a new found Uhuru Ruto alliance. Some think this means the Uhuruto mob will just take over. Wrong. None of those guys is going to State House. But the alliance has very many implications. For one it puts the Mudavadi joke to an end and saves poor Mudavadi from his own misery. Second, Kalonzo Musyoka is crying in a toilet somewhere. The big issue for Ruto is if the Kalenjins will follow him as Uhuru’s deputy? May be not. Third we may very well have an issue where Uhuru and Ruto are running knowing only well enough that they will never be at State House but are just trying to make a point. What will Kenyans think about that? I said it before and I will say it right now. The formations(alliances) that will contest the next general elections are yet to be formed. For now let the charade continue. At least it is entertaining.


        • wonders shall never cease.
          so Uhuru tells foreigners to keep off Kenyan affairs regarding presidential election.
          then the very same uhuru runs to kikwete to seek endorsement for his bid for presidency.
          is kikwete a kenyan? or is he among the select (TNA approved) foreigners allowed to keep ON Kenyan affairs as opposed to annan who must keep OFF kenyan affairs.
          not forgetting that a few weeks back, the TNA pinheads wanted annan to meet with uhuru and he soundly snubbed them.
          these guys are insane. but the worst part is how eugene wamalwa is allowing himself to be used by these guys when he could have easily cultivated a clean image for himself politically. even wetangula knows better than associate himself with these folks directly.
          looks like eugene will be better known for hanging out with misfits. i wonder what message the justice minister is sending out to victims of PEV and the kerubo’s of this world. what a bonehead


      • adongo

        your 4 point analysis is spot on, very much appreciate the clarity.

        Barasa continues to disappoint by making terrible decisions. its like she’s enjoying her infamy to the hilt

        on my part, I just can’t believe that uhuruto followers are completely brainless as depicted i.e will support these guys no matter what. this is figuratively speaking the same kind of snake oil that people about to face the massacre of a lifetime are fed to believe will “save them from harm” by witchdoctors. its unbelievable that all these guys think some miracle will happen. no miracle is going to happen, these guys are setting the stage for premeditated violence and chaos, to make kenya ungovernable if they loose the election or are not able to stand


      • @Adongo

        You are right about all that. The CJ didnt fire Baraza, the Kenyan people did after her conduct unbecoming of a states officer. The same process that gave her the job made sure she was gone the minute she failed the integrity test. Now she thinks she can take on the CJ, I say bring it on.

        She may not have been in the trenches with you guys but she had an opportunity to be part of history by helping an already struggling Kenya to a better future with judicial reforms in place. By her choosing to be part of impunity Inc is really shocking. If its about the money, I though Baraza was worth a cool 34 million KSH by the time she came into public office. By all standars that is not pocket change, so what is really the problem. I have lately been asking myself where we went wrong in the vetting process? Nothing in Baraza’s past signaled to me that she could be so easily compromised. I am glad we are seeing her true colors now, imagine if she was bought while still in office?

        As for the Uhuruto duo, they keep yapping about alliances but so far I havent seen or heard that there is anything in writting. Until that happens then the real campaigns shall begin otherwise they are just making a lot empty noise.


      • Great article bwana Adongo,

        This is the problem with desperation it leads to revenge seeking. You simply do irrational things that you would have not have otherwise done.

        This current action by Baraza such as supporting the Uhuruto gang in their quest to beat justice proves to me that the Nacy Baraza is lacking in character. Even one PLO Lumumba when he was kicked out of KACC did not turn to defending international recognized criminals. He just picked up his bags and went home inspite of the shame he suffered. Not Nancy Baraza. She has to revenge and act stupidly again by attacking the CJ. It’s as if the shame that she suffered was not enough. Had she been cool headed none of the above would have happened in the first place. But thinking about it, a person of her temperament should not have been in that seat she occupied. She was too self-important to do any good work.

        Even though she has been kicked out, she should know better than to mislead Uhuruto that she can somehow miraculously make them president by performing wonders in the corridors of justice. This is not going to wash. As Adongo advices, let her take the money and go away for she might need that.

        The surprise for me is that the minister for Justice and constitution Eugene Wamalwa is all cool with Nancy Baraza´s prouncement on fighting the chief Justice and can sit in the same room listening to such nonsense without raising an objection. It’s a pity that the country should have such a dimwit and stooge heading such an important ministry. We all know that he owes the position to Uhuru Kenyatta but pretense of objectivity and independence is necessary.


  3. Nancy Baraza had it all as mzee123 said, reaching the position of Deputy Chief Justice. She secured the position after being scrutinized and evaluated as having the capacity and skills to manage such a high position in the judiciary.
    But when she was challenged by reality to bring the judiciary back within the sphere of the people playing a model role showing the integrity of the new judiciary and where the line between law and lawlessness touches our doings in life, she failed.
    She failed even further in her attempt to cover-up her failures with actions bordering bribery and impunity.

    Nancy Baraza hasn’t got it all. Not the required attitude and inner integrity to play a role in the new judiciary.
    The Tribunal probing her conduct recommended that she be removed from office. However Nancy Baraza was not ready to recognise what it takes to bring justice to our country. Instead of recognising her personal shortcomings and deciding accordingly in setting her life’s direction, she appealed against the decision of the tribunal.
    Last Wednesday (17-10-2012) Nancy Baraza neither her legal counsel turned up for her appeal at the sitting of the High Court. Her excuse given was; she was on a retreat in Europe that had been organised by the Law Society of Kenya.
    This to me confirms she lacks the drive and judgement to bring, promote and build the esteem of Justice in Kenya.

    Her belated show of remorse to Rebecca Kerubo and asking Kenyans for forgiveness does not sound convincing she has come to insight of her shortcomings and adjustment to her life’s direction. It raises questions that she had to consult with Uhuru Kenyatta to reach this decision as some newspapers reported (The Star Saturday 20-10-2012).

    Integrity seems to become another hot selling business activity.


  4. Baraza ‘thanks’ Kerubo as she exits

    Outgoing Deputy Chief Justice Nancy Baraza thanked Ms Rebecca Kerubo, the security guard who led to her unceremonial exit from the Judiciary, in her resignation letter to President Kibaki.

    The former Deputy President of the Supreme Court thanked Kerubo ‘most sincerely’ for what she termed as opening a new chapter in her life. “I wish to thank Rebecca Kerubo most sincerely for the new chapter she opened in my life,” wrote Baraza in her resignation letter, a copy of which The Standard On Saturday has.

    Ms Baraza also asked for forgiveness from Kenyans where she could have fallen short of their expectations, saying she is also human.

    “I want to thank my country women and men for their support and ask for their forgiveness where I fell short of their expectations and tell them that we are all human,” she said.

    She also thanked President Kibaki for giving her the privilege to serve as the first Deputy CJ and vice-president of the Supreme Court.

    Baraza’s trouble started after Kerubo accused her of pinching her nose after declining to undergo security checks at the Village Market in Nairobi on New Year. The guard also accused the outgoing DCJ of threatening to shoot her with a gun.

    It is this gun and nose pinching drama that ended Baraza’s brief stint at the helm of the Judiciary after the Tribunal probing her conduct recommended her removal from office. Baraza later appealed the ruling at the Supreme Court. However on Thursday, she tendered her resignation letter to the Judicial Service Commission claiming she would not receive fair trial before the Supreme Court and in particular her immediate boss, CJ Willy Mutunga.

    “Although I have preferred an appeal in the Supreme Court challenging the recommendations of the Tribunal set up by Your Excellency to probe my conduct, I do not see myself getting a fair and impartial hearing before the Court as currently constituted,” Baraza complained in her letter. Baraza also claimed the CJ had recently endorsed the recommendations of the tribunal that recommended her sacking from the Judiciary in a television interview.


  5. This lady had it all and she blew it big time given that anti reform elements are working overtime to scuttle efforts to reform the judiciary. I think that a simple apology to the lady she attacked would have sufficed.

    But we need to applaud her for having the courage to resign unlike Bethwell Kiplagat who has decided to sink the ship rather than resign. History will judge Baraza kindly because she gracefully stepped aside. I know that she should have done this early but its better late than never.


    • @Mzee

      I disagree with you on this. The resignation and apology are coming in a bit late and there is nothing graceful about her final resignation. Baraza knew deep down in her heart that she had erred in judgement, resigning back then would have been graceful instead of putting us through all the drama that it has come to. She resigned only after realizing that the new judiciary means business, not because she thought she did something so wrong that would warrant her resignation.

      Like someone has said before, she had it all, she was among the best of the best, selected in a vetting so transparent, I am not sure we will see that again in a while. She was part of the new dawn that Kenya was facing, and yet she blew it up so carelessly. I was one of the people who came out fiercely to defend this lady when Kenyans were baying for her blood.

      I just couldn’t believe that such talent can be implicated in something so wrong it makes me cringe to even think about. Pointing a gun at a fellow woman, who is out hustling just like you, what if the gun went off? Did she stop to think for even one second, what Kerubo’s life is like? I am actually still pissed about this,because it comes at a time when we cannot even get enough women to fill the constitutional requirements for parliament.


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