Guard seeks to join Baraza case

A security guard, who alleges she was assaulted by Deputy Chief Justice Nancy Baraza wants the court to allow her join a case challenging a tribunal set to investigate Ms Baraza’s conduct.

The guard, Ms Rebecca Kerubo, through her lawyer filed an urgent application on Thursday at the High Court in Nairobi seeking to participate in the hearing of Ms Baraza’s petition.

She says she will provide crucial facts and help the court in deciding the suit by giving her side of the story as a victim.

High Court Judge Mohammed Warsame certified the case urgent and directed that Ms Kerubo’s application be heard on February 15.

The hearing of the petition by Ms Baraza is also scheduled for the same day.

At the same time, Ms Kerubo has written to the Commission on Administration of Justice through her lawyer, Mr Irungu Kang’ata, complaining about a move made by the Director of the Public Prosecutions to withhold his decision on whether Ms Baraza should face criminal prosecution.

The DPP, Mr Keriako Tobiko, on Wednesday announced he would wait for the outcome of Ms Baraza’s petition and that of the tribunal.

But Ms Kerubo who wants the commission to investigate and establish whether the DPP’s decision is fair.

Mr Tobiko said he made the decision to ensure Ms Baraza’s right to fair treatment and due process.

Ms Baraza filed the case on January 26 seeking to stop the tribunal established by President Kibaki to investigate her conduct.

Ms Kerubo in her application to be enjoined in the case argues that the court may make factual findings that could prejudice other intended legal processes including the pending legal criminal complaint. (READ: Decision on Baraza trial shelved)

The security guard wants all legal processes surrounding the incident concluded expeditiously to enable her go back to her normal life and for her husband Bernard Morara to resume his duties outside the country, as he is held up in Kenya because he is a witness in the incident.