Nancy Baraza: The rise, fall and comeback of Kenya's first woman Deputy Chief Justice

Nancy Baraza: The rise, fall and comeback of Kenya's first woman Deputy Chief Justice

Dr Nancy Baraza, Head of Department, Public Law, School of Law, University of Nairobi. Photo I JKLive

She had broken the glass ceiling as the first female Deputy Chief Justice, she was the role model for every young girl who dared to dream big. Then it all came crashing down months later.

About 13 years ago, the country's judiciary was in full crisis mode following the resignation of former Deputy Chief Justice Nancy Baraza amid a controversial incident that led to her unceremonious forced exit.

Dr Baraza was accused of pinching the nose of a security guard and uttering these now infamous words, "You should know people..."

Rebecca Kerubo also claimed that the DCJ had threatened to shoot her during the dispute at Nairobi's Village Market Mall in 2011.

So serious was the case that a seven-member tribunal, probing Baraza's conduct, recommended her removal from office. 

Baraza admitted there was a confrontation with the guard but denied the gun claims and she bowed out and disappeared from the public eye eventually going back to teaching law.

Years later, she has now made a comeback after President William Ruto tasked her to lead a 42-member task force to address the surge in femicide cases across the country. 

From her rise in Kenya's judicial sector as the first woman to hold the Deputy Chief Justice post to her contentious exit and now her resurgence, Baraza's life has been full of trials and triumphs. 

From an early age, Baraza engaged in civic duties to foster positive change within the community.  She studied law at the University of Nairobi and proceeded to the Kenya School of Law in 1980 where she graduated the following year, leading to her admission to the Roll of Advocates in 1982. 

In the same year, she also joined Kilonzo and Company Advocates as a litigation assistant.

Five years later, she formed the law firm of Kioni, Baraza and Company Advocates alongside her then-colleague. 

In 2008, Baraza was appointed as the vice chairperson of the Kenya Law Reform Commission; serving the post for three years until she was appointed deputy CJ. 

Two years later, she was elected chairperson of the Media Council of Kenya's Ethics and Complaints Commission and also served in Yash Pal Ghai's Constitution of Kenya Review Commission that produced the draft Bomas Constitution. 

Baraza is not a stranger to controversy as her PhD thesis in law regarding the rights of gays elicited both praise and criticism in equal measure. The topic was revived during the Judiciary vetting interviews for the DCJ post where religious conservatives questioned her motive in writing the thesis. 

"Those who say I'm supporting them (gays) are jumping the gun. I have gone into the unknown, I have no findings yet," she said to the then Judicial Service Commission (JSC). 

Village Market Incident

Dr Baraza's troubles began after she arrived at the Village Market in December 2011 and walked past the security guards towards a pharmacy. 

Kerubo, the security guard, reportedly followed the former DCJ requesting to search her purse. Reports indicated that Dr Baraza dismissed the request prompting an argument that led to the former DCJ threatening to shoot the guard. 

Following the incident, Baraza denied the gun claims but admitted there was a confrontation with the guard. A seven-member tribunal, probing Baraza's conduct, recommended her removal from office. 

Not one to back down, the former DCJ appealed the ruling at the Supreme Court in August 2012. Two months later, she, however, dropped the case and tendered her resignation to former President Mwai Kibaki. 

Dr Baraza has since kept a low profile as she reportedly delved into lecturing and farming following her departure. 

She now made a return to the limelight on January 10, 2025, after President Ruto appointed her to lead the task force on analysing Gender Based Violence (GBV) and femicide cases. 

The team will be required to assess, review and recommend measures to strengthen the legal and policy framework in response to GBV cases. 

Dr Baraza's task force is expected to submit a report within 90 days. 

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