CJ picks three-judge bench for Tobiko case

A three-judge bench will hear a petition challenging the nomination and appointment of Mr Keriako Tobiko as Director of Public Prosecutions.

Chief Justice Willy Mutunga did not name the judges the activists’ lawyer, Mr Antony Oluoch, said. He added that he had been

asked by the High Court registry to present a copy of the application to each of the three judges.

However, due to the sensitivity of the matter, the registry did not disclose names of the judges until they go through the

documents and are ready to commence the proceedings.

The activists from the Kenya Youth Parliament and Kenya Youth League want the court to declare that Mr Tobiko’s

appointment was in breach of constitutional provisions of leadership and integrity.

They were allowed to amend their application after it was overtaken by events since the President had announced the

appointment before the matter could be taken to a judge for determination.

The group was informed that Mr Tobiko’s nomination had been approved by Parliament and the President had exercised his

constitutional powers to appoint him. This was done despite allegations of corruption and lack of integrity against Mr Tobiko.

In their amended application, the activists want Mr Tobiko barred from carrying out duties as the of Director of Public

Prosecutions or drawing a salary entitled to the office holder until the case is heard and determined.

They said that even though the President has constitutional powers to appoint, he should have considered provisions on

leadership and integrity as contained in the Constitution.

The lobbies argued that during Mr Tobiko’s vetting by the Constitution Implementation Oversight Committee, several

complaints about his integrity and competence were raised but were ignored.