Dr. Nancy Makokha Baraza (born 1957 in Bungoma District, Western Kenya is a former Kenyan judge. She was the first Deputy Chief Justice of Kenya and a founding member of Kenya’s Supreme Court following the promulgation of the 2010 Constitution. She served from June 2011 until her suspension in January 2012, ultimately resigning on 18 October 2012.
Career
Baraza was appointed **Vice Chairperson** of the **Kenya Law Reform Commission** in 2008, serving a three-year term. In early 2010, she was elected **Chairperson** of the **Media Council of Kenya’s Ethics and Complaints Commission**.
Federation of Women Lawyers (FIDA-Kenya)
Baraza previously served as **Chairperson** of the Kenyan chapter of the Federation of Women Lawyers (FIDA), a leading advocacy group for democracy, women’s rights, and child protection.[1]
Kenya Constitutional Review Commission
She was a key member of the **Constitution of Kenya Review Commission**, led by Yash Pal Ghai. The commission drafted the **Bomas Constitution**, which influenced the final **2010 Constitution**.
Appointment as Deputy Chief Justice
In **May 2011**, the **Judicial Service Commission (JSC)** conducted public interviews for the positions of **Chief Justice** and **Deputy Chief Justice**. The JSC nominated Willy Munyoki Mutunga as Chief Justice and Nancy Baraza as Deputy Chief Justice.[2] The nominations were approved by **President Mwai Kibaki** and **Prime Minister Raila Odinga**, after which **Parliament** confirmed their appointments.[3]
Academic Contributions
Baraza earned a **Doctor of Laws (PhD)** from the **University of Nairobi** in **2016**. She is a **Senior Lecturer** and **Chairperson of the Department of Public Law** at the University of Nairobi's **School of Law**. Her teaching areas include:
- **Family Law**
- **Jurisprudence**
- **Social Foundations of Law and Development**
- **Access to Justice**[4]
Baraza-Kerubo Village Market Incident
In **January 2012**, the **Judicial Service Commission (JSC)** launched an investigation into allegations that **Deputy Chief Justice Nancy Baraza** assaulted a female security guard at the **Village Market shopping mall** on **31 December 2011**.[5] Following the inquiry, the JSC recommended her suspension and requested **President Mwai Kibaki** to establish a tribunal to investigate her conduct under **Article 168 (4) of the Constitution**.[6] After a formal suspension,[7] the tribunal recommended her removal for gross misconduct.[8] On **18 October 2012**, she resigned, withdrawing her appeal to the **Supreme Court**.[9]
References
- ^ "Trials and Triumphs of Nancy Baraza". The East African. July 6, 2020.
- ^ "Lawyer Mutunga Nominated for CJ Post". 3 July 2020.
- ^ "Kibaki, Raila Endorse JSC Nominees". 3 July 2020.
- ^ "Hon. Lady Justice (Rtd.) Dr. Nancy Makokha Baraza". law-school.uonbi.ac.ke. Retrieved 2019-05-17.
- ^ "Kenyan Senior Judge Nancy Baraza in Security Guard Row". BBC News. 4 January 2012.
- ^ "JSC Wants Baraza Out". 3 July 2020.
- ^ "Suspended Baraza to Face Tribunal". 3 July 2020.
- ^ "Tribunal Calls for Deputy CJ Baraza's Ouster for Gross Misconduct". 3 July 2020.
- ^ "Baraza Resigns, Withdraws Appeal". 3 July 2020.
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