MPs reject proposal to probe Tobiko

The nominee for the post of Director of Public Prosecutions was on Wednesday handed a lifeline after MPs amended a report that recommended he be investigated after approval.

The Constitutional Implementation Oversight Committee had approved the appointment of Mr Keriako Tobiko for the powerful post, but proposed that corruption allegations made against him be investigated further.

Mr Mohammed Affey (nominated, ODM-K) engineered the amendment, saying there was no reason why Mr Tobiko had to be investigated.

He had the firm support of Heritage minister William ole Ntimama, who told MPs they ought to support the complete list, including Dr Willy Mutunga for Chief Justice and Ms Nancy Baraza for Deputy Chief Justice, because, “it was welded together” when it was presented to Parliament by President Kibaki and Prime Minister Raila Odinga.

Mr Ntimama accused civil society groups and other opponents of Mr Tobiko of being motivated by jealousy.

But Ms Martha Karua (Gichugu, Narc-Kenya) pointed out that it was not just a few MPs who were against Mr Tobiko, but the committee was split 11-11, with one abstention.

Energy minister Kiraitu Murungi said the dissent against Mr Tobiko was “motivated by malice, jealousy and revenge.”

“If Mr Tobiko has committed a crime, it is for the police to investigate the matter,” he said.

Justice minister Mutula Kilonzo said the allegations were grave and it would be a false move to approve Mr Tobiko as the country goes on implementing the new Constitution.

Assistant minister Lee Kinyanjui attacked Mr Kilonzo, saying his integrity in the past is questionable and that he had no basis to question allegations against Mr Tobiko.

Lands minister James Orengo also supported investigations as proposed:

“I want my friend Mr Tobiko to settle in this office with a clean record. If we do not ensure this happens, we will have set the wrong standards,’’ the Ugenya MP said.

Medical Services minister Anyang’ Nyong’o said the process of vetting needed attention.

He said the candidates were interrogated on ethnicity, religious affiliation, manner of dress and sexual orientation rather than on qualifications.

CIOC chairman Abdikadir Mohammed was jeered when he read out the recommendation that Mr Tobiko’s approval be subject to investigations on the adverse allegations against him.

Mr Mohammed explained the vetting process, noting that as DPP, Mr Tobiko could not be faulted as he worked under Attorney-General Amos Wako.