Tobiko sought bribe, claims former PS

Bribery allegations have been raised against the nominee for the office of Director of Public Prosecutions Keriako Tobiko.

A former Permanent Secretary in the Ministry of Local Government Sammy Kirui said Mr Tobiko sought a Sh5 million bribe to cover up a case.

He said Mr Tobiko demanded the bribe through proxies, whom communicated with him using short message service (SMS).

Mr Kirui claimed he was told that if he failed to raise the money, Mr Tobiko would use his position as chief public prosecutor to increase the charges he was facing.

The former PS is facing charges over the controversial purchase of cemetery land for the City Council of Nairobi. Others charged include former Nairobi Mayor Geoffrey Majiwa and former Town Clerk John Gakuo.

Mr Kirui said he had no personal vendetta against Mr Tobiko and he was merely doing his duty of informing the Constitutional Implementation Oversight Committee (CIOC).

"I have put my case across, you can chose to believe me or not but I have done my duty," Mr Kirui told the CIOC.

He said that he did not meet Mr Tobiko personally but only interacted with the three proxies.

"Corruption works through intermediaries" said Mr Kirui.

Committee member Martha Karua told Mr Kirui he had "done the right thing" in raising the claims against Mr Tobiko saying it was upon the CIOC to investigate the allegations further.

"We should not make those who rise up and make such statements feel guilty," said Ms Karua.

Mr Kirui said he had no intention of paying the bribe and that he could not raise the Sh5 million in the first place.

He told the committee that he forwarded the SMS's to the National Security Intelligence Service (NSIS).

However, CIOC members Beth Mugo and Chirau Ali Mwakwere raised doubts in respect of Mr Kirui's allegations.

Mrs Mugo said it was inconceivable that somebody of "Tobiko's intelligence and position could use such methods".

"It is unconvincing and amateurish," she said.

Mr Mwakwere said that Mr Kirui had met some CIOC members Tuesday night, a claim that the latter denied saying that he only met chairman Abdikadir Mohammed briefly.

Earlier, the director of Kenya Anti Corruption Commission PLO Lumumba had told the committee that Mr Tobiko was not the right candidate to drive reforms.

He said that Mr Tobiko had attempted to oust Prof Yash Ghai as chairman of the Constitution of Kenya Review Commission (CKRC) and had frustrated the workings of the commission.

"Keriako Tobiko had a strong character in the Commission. When I joined the Commission, he was also serving in another Government appointed Commission to inquire into issues concerning land. He therefore did not give his all to the Review Process. A man with great connections in the political class within the Kanu ranks, he disliked Prof Ghai with a passion," he said quoting from his book 'The Postponed Promise'.

"At the Bomas Conference, Keriako was instrumental in the aborted attempt to oust Prof Ghai as the Chairman of the Conference.

"When Kanu was removed from power, Keriako very quickly developed good rapport with the then Minister for Constitutional Affairs Murungi Kiraitu and was eventually appointed as the Director of Public Prosecutions (DPP)," said Prof Lumumba.

One of those named by Mr Kirui as having facilitated the attempt to extort him on behalf of Mr Tobiko was aformer aide to President Kibaki, Alfred Getonga.

But in a statement sent to media, Mr Getonga denied the accusation.

"The spurious mention of my name by Mr Sammy Kirui as the person who introduced the topic on the possibility of offering a bribe to Mr Keriako Tobiko is a false and cruel allegation.

"I would like to put it on record for your committee that I unequivocally deny these false and malicious claims," he said.

"I am curious as to why Mr Kirui would so flippantly mention my name when clearly as a lawyer he knows that it does not advance his argument by any measure.

"In addition, beyond our friendship I feel injured to be attached in his accusations with other persons who I have never seen or met but whom he seems to have more damaging evidence against."

He also denied having acted as a broker for Mr Tobiko.

"As concerns Mr Tobiko, I would like to put on record that I know of him through his public profile but I have had no personal interaction with him. In particular, I have never acted as his broker in soliciting of any form of bribe on his behalf," he charged.

"Mr Kirui did not consult me before making these allegations and considering that he made them probably within the rules of parliamentary privilege I am consulting my lawyers on the next course of action."