GAZETTE NOTICE NO. 2057

the following: The allegations contained in the petition by the Judicial Service Commission of Kenya dated 19th January, 2012 and presented to you regarding the conduct of the Deputy Chief Justice, Justice Nancy Makokha Baraza. In the discharge of its functions, the Tribunal was empowered to: • Prepare and submit a report and its recommendations thereon to Your Excellency expeditiously; • Exercise all the powers conferred upon it by law for the proper execution of its mandate. [3453 THE KENYA GAZETTE 14th September, 2012 On the first day of hearing, the Counsel for the Deputy Chief Justice objected to two of the five allegations on the ground that the judgment of the High Court in Petition No. 23 of 2012 filed by the Deputy Chief Justice restricted the mandate of the Tribunal to ―the matters submitted in the Petition to the President by the Judicial Service Commission.‖ That petition referred to Article 168 (1) (e) read together with Article 75 (1) (c) of the Constitution. The Tribunal gave a ruling upholding the objection and retained the allegations that referred to the said Articles which are: • That the Deputy Chief Justice conducted herself in a way and manner demeaning to the said office, • That the Deputy Chief Justice threatened to shoot Rebecca Kerubo with a pistol, • That the Deputy Chief Justice created a disturbance in a manner likely to cause breach of the peace. The Tribunal, the, first of its kind since the promulgation of the Constitution in August 2010, is fully aware of the immense national importance of its work, and the implication of the recommendations on the behaviour of all state officers. Therefore, in our deliberations, in addition to making reference to Article 168 (1) (e) and Article 75 (1) (c) of the Constitution, as specified in the Petition, we have spread our net wide and made reference to Chapter 4 on the Bill of Rights, Article 10, Article 28 and Article 73. In accordance with Article 168 (7) (b) of the Constitution we have carried out and completed our investigations into the allegations of gross misconduct and misbehaviour against the Deputy Chief Justice and Vice-President of the Supreme Court of Kenya, Justice Nancy Makokha Baraza. Derived from the investigations of the facts, the Tribunal is of the unanimous view that the allegations have been established and are true. The Tribunal, therefore, is of the considered opinion that the Deputy Chief Justice be removed from office. We now have the honour, Your Excellency, to submit our Report and Recommendations to you and to thank you for the trust that you bestowed on us. Yours Sincerely, (Signed) Chief Justice (Rtd.) Augustino S. L. Ramadhani Mrs. Surinder Kapila Justice (Rtd.) Philip J. Ransley Prof. Judith M. Bahemuka Mr. Beauttah A. Siganga Grace B. N. Madoka Prof. Mugambi J. N. Kanyua ACKNOWLEDGEMENTS We wish to record our gratitude to His Excellency Mwai Kibaki, the President and Commander-in-Chief of the Armed Forces of the Republic of Kenya, for having appointed us to this Tribunal mandated with the task of looking into the conduct of the Deputy Chief Justice and Vice-President of the Supreme Court of Kenya, on the incident that occurred on 31st December 2011 at the Village Market, Nairobi. We wish to appreciate the logistical support given by the Cabinet Office in the Office of the President and acknowledge Mr. Kennedy W. Kihara, Mr. Tom M. Nyamorata and Mrs. Jestina W. Hanjari. We owe special thanks to the Counsel Assisting the Tribunal, the Lead Counsel Mrs. Valeria Onyango and Assistant Counsel Mr. Gideon S. Kilakoi. It was amply evident that they carried out much research and ably presented their authorities. We also commend the Counsel on record for the Deputy Chief Justice, Ms. Judith Guserwa, Mr. Kioko Kilukumi and Mr. Solomon Wamwayi. Next we wish to express our gratitude to the entire Tribunal Secretariat for their contribution in the entire process and particularly to the Secretary Mr. Macdonald O. Oguya; Assistant Secretary Ms. Wambui Ngugi; Records Manager Mr. Kenneth N. Mamboleo; Executive Secretaries Ms. Pamela A. Wachianga and Mrs. Lydiah W. Murugami; Support Staff Mr. Joseph N. Mbithi; Investigators, Security and Transport Teams. The publication of this Report is the result of a combined effort and industry. We owe many thanks to all who participated, for the efficient way in which they gathered materials, conducted the hearings, handled and analysed information, and the production of this report. We would finally like to thank the Kenyatta International Conference Centre which placed at our disposal, physical and other facilities. (Signed) Chief Justice (Rtd.) Augustino S. L. Ramadhani Mrs. Surinder Kapila Justice (Rtd.) Philip J. Ransley Prof. Judith M. Bahemuka Mr. Beauttah A. Siganga Prof. Mugambi J. N. Kanyua Preamble 1. On 19th January 2010, the Honourable Justice Dr. Willy M. Mutunga, SC, the Chief Justice of the Republic of Kenya, as the Chairman and on behalf of the Judicial Service Commission, sent a petition to His Excellency Mwai Kibaki, the President and Commander-in-Chief of the Armed Forces of Kenya, recommending to him among other things, the appointment of a Tribunal in terms of Article 168 (5) (b) of the Constitution of Kenya to inquire into the conduct of the Deputy Chief Justice and Vice-President of the Supreme Court of Kenya, Justice Nancy Makokha Baraza, (hereinafter ‗DCJ‘) and to determine whether she was in breach of Article 168 (1) (e) read together with Article 75 (1) (c) of the Constitution. 2. As a result of that Petition, His Excellency Mwai Kibaki vide Gazette Notice number 664 of 26th January, 2012, as amended by