The Reaction to Deputy Chief Justice Incident Is Overblown and A Distraction, Intentional or Otherwise

05 Jan

Upon reading the story about the incident involving Deputy Chief Justice Nancy Baraza, I posted the following comment on Standard Online: “This is an unfortunate situation. While giving the Deputy CJ the benefit of doubt and see things in the light she urges that we do, it still leaves her with at least a diminished level of goodwill that came with her appointment. She will unfortunately henceforth be viewed in light of this incident as having poor judgment judges are NOT supposed to have at ANYTIME!””

Following that post, I saw another blogger calling for DCJ Baraza’s head and I responded to him as follows:

I fully understand where you are coming from but, let me share a couple of thoughts why I don’t think calling for her resignation is a good thing.

Those who read my blog during the appointment know that I was opposed to her appointment as Deputy CJ not so much for lack of credentials or qualification but because I thought it would be an overload to have both the CJ and deputy who are total outsiders and non-judges.

This, I argued, was to say there was not a single judge in the system who could fit the shoe and we all know that’s not the case, rotten as the judiciary has been. I also argued such an overload at the top with outsiders will demoralize the dejected judges with unwanted shenanigans we are yet to see.

It is with that background I have commented on the Standard story saying it’s unfortunate this incident occurred and that we should all give DCJ Baraza the benefit of doubt and try to understand the incident from the perspective she urges.

However, as I also say in that comment, Baraza will henceforth be seen as a judge with poor judgment judges are NOT supposed to have at ANYTIME.

That’s what is unfortunate.

As to the incident itself, I am getting a slightly different version from a source who is privy to what at least one person who saw the incident unravel says happened and the investigation will confirm that.

So, I would urge people to give our DCJ a break on this.

I have since made other comments elsewhere, including the following:

In response to a blogger taking the same position I have, but adding an element of this possibly having been a set-up (a position I have not), I said the following:

I agree with you and point to my post last night about this incident, based on my own sourcing suggesting there is more to this story than meets the eye, even though I am lead to believe and noted so that DCJ Baraza did act uncharacteristically of her or someone in her status–notwithstanding the provocation you allude to. In her statement, she referred to things happening raising concern for her safety which all of us as Kenyans must be on her side, regardless of what happened in this incident.

Those rushing to condemn her are not being fair.

Let all the facts be known before reaching any conclusion beyond the obvious and that is, on the face of it, she did not react prudently consistent with who she is, given the circumstances she was met with at the market entrance.

And I say this as one of those who did not support her appointment as DCJ for the reasons I have previously stated.


In response to someone saying those of us calling for caution and not over-reacting to this story to shove our views “you know where,” I responded, thus,

Speaking for myself, neither you nor I were there but I have based my observations and reporting on a source who is privy to what someone who was actually there saw when the incident unraveled.

My source is actually a reporter and I can tell you based on what he knows, the reporting is not accurate and this is just going by what happened on the scene, not whatever else maybe happening elsewhere that DCJ Baraza herself alluded to and I am not even sure that’s the same thing Churchill is alluding to.

However, whatever that is, I have no information or knowledge of it and neither am I passing it as an excuse for what happened, which I have said is unfortunate in that it shows poor judgment on the part of Baraza and will likely always influence people’s thinking of her and whatever she does hereon.

All I am saying is let not people be in hurry to condemn or call for Baraza’s head without knowing all the facts.

The incident was not as it’s been reported or is being portrayed but I am sure all this will be cleared up sooner than later.

Another netter in some way agreed with me and said,

“She [Baraza] behaved arrogantly and that is it.  The only thing I can say is that at least she had the decency to apologize

And to the netter, I commented,

This is what I have been reporting the investigation will conclude, based on information from at least one bystander with no ax to grind. So, as I have said many times now, let’s condemn her for such and nothing more. She is not the first VIP person to act that way in public neither will she be the last.

Here in the US, the former Speaker of the House and now one with a pie on his face as he tries to seek the Republican nomination for president he will not get, having risen in the polls to the top, only to crush and burn severely in Iowa yesterday threw tantrums when asked to sit on the back of the presidential jet, Airforce One instead of next to or across from then president Bill Clinton.

Indeed, he took this snub so far with his monumental arrogance, he decided to refuse to deal in good faith with the president in then ongoing budget negotiations even to the point of shutting down the government for lack of money to spend.

Talk about the height of arrogance, you can’t find any more than that.

But no one called for his head, even though Republicans lost many seats in ensuing elections owing to that shut-down orchestrated by the arrogant Newt Gingrich.

DCJ need only show henceforth she is not that arrogant and this was an aberration and all will be okay for there is nothing more to this than an incident she badly reacted to, whether or not she had reason to.

She did not show any weapon to anyone as the investigation will conclude, again, based on my source.

I have now seen a statement issued by the Chief Justice about this incident and have posted the following comment on Standard Online:

While everything the CJ has said about this incident is all good and one can say goes without saying, the CJ should, in fact, not have injected himself into this story which is basically an investigation in progress. Neither is it necessary to initiate his own investigation as if he has no confidence our police CID can competently investigate this simple incident which is an embarrassment at worst.

These, then, are all my thoughts on this issue that I hope is brought to a conclusion promptly and not made what others are trying to make it and it’s not, compared to issues we need to focus on and address, like holding people accountable for the massive corruption many have engaged in with impunity.

Distracting us all to focus on an embarrassing but insignificant incident like this suits the masters of corruption just fine because they can point to it and tell you to be worked over it while they are enjoying their loot.

Rather than expending a dime’s worth of time investigating this incident, the Chief Justice should let the police and CID do their jobs and focus with a razor beam on reforming the judiciary so that at least some of these thieves can be held accountable for the sins they have committed against the country in their looting.

Peace, Unity and Let’s Focus On the Right Issues


1 Comment

Posted by on January 5, 2012 in Law, Politics


Tags: , , ,

One response to “The Reaction to Deputy Chief Justice Incident Is Overblown and A Distraction, Intentional or Otherwise

  1. eo12

    January 6, 2012 at 12:27 AM

    I agree with you she must ve pulled her noise etc the gun part to me seems far fetched, I need evidence and cctv to prove that………


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