Why Baraza's appeal might ruffle Judiciary
Last updated on 9 Aug 2012 13:05
By Wahome Thuku
Disgraced Deputy Chief Justice Nancy Baraza’s decision to challenge the recommendation to remove her from office will ruffle the Judiciary.
Her lawyer Kioko Kilukumi said Justice Baraza would file an appeal against the decision to eject her from office today.
Justice Baraza’s appeal will present various legal challenges touching on suitability of Supreme Court President Chief Justice Willy Mutunga and Judge Smokin Wanjala to sit and determine her fate.
Legal experts are in agreement that Mutunga and Wanjala’s double roles as judges of the highest court and members of Judicial Service Commission (JSC) could complicate the matter, raising challenges in according Justice Baraza a fair hearing. Wanjala represents Supreme Court judges in JSC.
Her last stroke to fight removal from office will be given impetus by the fact that presently, Supreme Court has only five judges, the minimum number that can sit to hear cases.
The shortage from seven was created by the removal of Judge Mohamed Ibrahim early this month through vetting.
The latest twits come as focus shifts on JSC, which is already under fire for picking or promoting judges, who subsequently fail the test of competence.
It also depends on how Mutunga will deal with any legal issues that may be raised.
When the allegations of misconduct were made against Justice Baraza in early January, JSC formed a sub-committee comprising seven of its commissioners, which carried out preliminary investigations into the incident.