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withdrawn an appeal she had lodged at the Supreme Court to challenges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.
Source: Nation.co.ke
Source: Nation.co.ke
