Baraza to be charged, says Tobiko

The Director of Public Prosecution Keriako Tobiko has given consent for suspended deputy Chief Justice Nancy Baraza to face assault charges. Tobiko says the police can go ahead and charge Justice Baraza over allegations that she pinched the nose of security guard Rebecca Kerubo and threatened her with a gun at the Village Market shopping mall on New Year's eve. Justice Baraza had refused to undergo the mandatory security checks at the mall.

The decision by Tobiko comes just two days after a tribunal appointed by President Kibaki to investigate Justice Baraza's conduct recommended that she be dismissed. Two top prosecutors — deputy director of Prosecutions Dorcas Oduor and principal prosecuting counsel Alexander Muteti— have been appointed to the case, giving an indication to the seriousness with which Tobiko is according the matter.

The report of the tribunal chaired by retired Chief Justice of Tanzania Augustino Ramadhani was handed to President Kibaki who has no option but to sack her unless she appeals the decision. Justice Baraza has ten days, from Monday, to appeal against the tribunal's decision. It has since emerged that despite pressure on her not to appeal against the decision and to resign before she is sacked, Justice Baraza is considering filing an appeal.

Justice Baraza has since Monday been holding several meetings with her lawyers and is today expected to file her appeal at the Supreme Court to challenge the tribunal's decision to sack her. Justice Baraza will be faced with a two-pronged legal battle— one at the Supreme Court and another at the High Court over the criminal charges.