NAIROBI,  (Reuters) - Kenya’s top judge called  yesterday for his deputy to be suspended while she is  investigated for threatening a shopping mall security guard with  a pistol.

Nancy Baraza

The case is seen as a test of whether Chief Justice Willy  Mutunga can restore confidence in the judiciary of the east  African country, where the powerful have all too often seen  themselves as being above the law.

Mutunga told reporters he would ask President Mwai Kibaki to  suspend his deputy, Nancy Baraza, and set up a tribunal to  investigate her for misconduct.

Mutunga said the decision followed lengthy deliberation and  the examination of witness accounts.

Security guard Rebecca Morara said Baraza had refused to be  screened at the entrance to Nairobi’s upmarket Village Market  shopping mall on New Year’s Eve. The guard said Baraza pinched  her nose and threatened her with a pistol.

When the accusations first surfaced, Baraza said she had  received threats since her appointment in June and had been  concerned for her safety. She has made no further statement.

When setting up the initial committee to investigate the  incident, Mutunga emphasised that nobody was above the law.

Security has been tightened at shopping malls and other  public spots after threats by Somalia’s al-Shabaab militants to  attack Kenya for sending troops across the border. Kenya accuses  the rebels of cross-border attacks and kidnappings.