A tribunal investigating a top Kenyan judge on gross misconduct charges has recommended her removal from office.
The tribunal said deputy chief justice Nancy Baraza's conduct during a New Year's Eve altercation with a security guard at an upmarket shopping mall showed an "inability to control her behaviour."
Ms Baraza was accused of assaulting a security guard, Ms Rebecca Kerubo, and waving a gun at her at the Village Market shopping mall in the capital Nairobi.
In its verdict, the tribunal found "Kerubo's evidence to be credible" since "she has been consistent in her evidence."
"We were not impressed by the [deputy chief justice's] evidence. There were discrepancies in her evidence," the tribunal said in findings presented by its chair, former Tanzanian chief justice Augustino Ramadhani.
The tribunal was set up after Ms Kerubo lodged a complaint with the police alleging that Ms Baraza had threatened to shoot her when she sought to conduct a body search before allowing her into the mall where the judge had gone shopping.
Ms Baraza later apologised for the “unfortunate” incident saying she had no intention of “arrogance or ill will”.
In a statement, she pointed to fears over her personal security and said that the confrontation with Ms Kerubo should be viewed in that light.
“In the last few months a number of security incidents have occurred in and outside my office. As such, threats of violence have been directed at me and I have had to request increased security measures for my office as well as my own personal security,” she said.
“The unfortunate incident at the Village Market should be viewed in light of the genuine security apprehension on my part. I certainly had no intention of high-handedness, arrogance or ill will,” she added.
However, Kenya chief justice Willy Mutunga summoned an emergency session to discuss the incident which recommended her suspension and called on President Mwai Kibaki to form a tribunal to investigate her conduct.