DPP nominees named

Three officials from the State Law Office have been nominated for the position of Director of Public Prosecutions amid reports of intense lobbying within government over the position.

Chief public prosecutor Keriako Tobiko, State counsel Dorcas Oduor and special prosecutor Patrick Kiage were on Saturday named as the top contenders from a list of 13 candidates interviewed for the post.

A panel chaired by Central Organisation of Trade Unions secretary general Francis Atwoli announced on Saturday evening that Mr Tobiko had emerged as the best candidate with Ms Oduor coming second followed by Mr Kiage.

“We believe these are the best candidates who meet the criteria set out in the Constitution and we are now forwarding the names to the President for action,” said Mr Atwoli.

The announcement was made within two hours of completion of interviews which started on Thursday. The interviews ended and we are now forwarding the names to the President for action,” said Mr Atwoli.

The announcement was made within two hours of completion of interviews, which started on Thursday. The interviews ended at around 2pm and the announcement made by 4pm.

It is now up to President Kibaki and Prime Minister Raila Odinga to make a choice from the three and forward their preferred nominee to Parliament for approval.

The announcement came just a day after the Judicial Service Commission announced the nominees for the posts of Chief Justice and Deputy Chief Justice.

The changes in the country’s criminal-justice system are in line with reforms envisaged in the new Constitution.

But unlike the JSC nominations that brought in individuals from outside the Judiciary, the DPP nominees are all insiders who operate from the State Law Office.

Sources within government told the Nation there could be possible horse-trading between ODM and PNU over the DPP position and that of the Attorney General.

The source said the nominations may have been designed to fit a scheme to share the two positions. The two positions are critical in PNU’s efforts to postpone the post-election cases at the International Criminal Court.

Under the new Constitution, the DPP is one of the most powerful offices under the Executive, having taken up some of the powers previously exercised by the Attorney General.

Whoever lands the job would enjoy security of tenure for eight years and shall not be eligible for re-appointment.

Mr Tobiko took over as public prosecutor in 2005 from Mr Phillip Murgor and was the last holder of the office before it was restructured with the promulgation of the new Constitution.

The former law lecturer also served as a commissioner in the Njonjo Land Commission and the Constitution of Kenya Review Commission.

Ms Oduor is a Senior Deputy Public Prosecutor at the State Law Office and was an assisting counsel to the Goldenberg Commission.

She also served as an assisting counsel in the Kiruki Commission, which inquired into the possible criminal activities of the Armenian brothers — Artur Margaryan and Artur Sargasyan.

Mr Kiage is a special prosecutor of anti-corruption cases. He is currently handling a case in which former Industrialisation minister Henry Kosgey is facing 12 counts of abuse of office.

Mr Kiage has practised criminal law since 1993. He was a defence lawyer until 2007 when he joined the State Law Office as a Special State Prosecutor.

He teaches Criminal Procedure and Practice at the Catholic University of Eastern Africa and Trial Advocacy at the Kenya School of Law.