MPs see politics in claims against Tobiko
The politics at play in the nomination of Keriako Tobiko as Director of Public Prosecutions has begun to play out, with a section of MPs claiming there is a scheme to ensure he does not get the crucial job.
Allegations against Mr Tobiko forced the Constitutional Implementation Oversight Committee to sit for an extra day on Wednesday, with five more people being called to testify.
On Thursday, eight MPs, some from pastoralist communities and others allied to Eldoret North MP William Ruto, claimed there was a scheme to discredit Mr Tobiko and ensure he does not get the job.
They claimed at a media conference at Parliament Buildings, Nairobi that former Permanent Secretary Sammy Kirui, former Deputy Public Prosecutor Philip Murgor and Prof Yash Pal Ghai were acting at the behest of the schemers against Mr Tobiko.
Prof Ghai previously chaired the Constitution of Kenya Review Commission (CKRC), now disbanded, which wrote a draft law that was defeated at a referendum in 2005 and Mr Tobiko was a member of the same body.
Vetting
The CIOC is currently meeting to consider Mr Tobiko’s nomination along with that of Dr Willy Mutunga as Chief Justice and Nancy Baraza as Deputy Chief Justice.
Livestock assistant minister Aden Duale, who led the MPs, said the committee should forward all three names to the House for debate and possible approval by the whole house.
“That Committee is like a conveyor belt. Their work is to bring the food to the floor of the House and ours is to add the salt and pilipili (chilies),” said Mr Duale.
Mr Duale alleged that there are politics at play in the committee and some members had contrived to get Mr Kirui, Prof Ghai, Mr Murgor and civil society groups to testify against Mr Tobiko.
The CIOC is expected to present its report on the three nominees on Tuesday next week, with MPs later voting on recommendations on each of the three names.
Mr Kirui, currently facing corruption-related charges, had alleged that former presidential aide Alfred Getonga told him Mr Tobiko would take Sh5 million not to increase the charges facing the former PS.
Allegations
Mr Getonga has since denied the allegations and said: “I have known Mr Kirui for some time now… I was there only to offer advice and support. Our discussions were solely as friends and I do not recall ever talking about bribing anyone in the justice system and in particular Mr Tobiko.”
Mr Getonga said his discussions with Mr Kirui centred on the “gravity of the situation and the financial and emotional cost that would come about in trying to clear his name.”
The MPs wondered why it had taken Mr Kirui more than a year to make the allegations about Mr Tobiko and claimed Mr Murgor’s invitation to testify was unprocedural.
Medical Services assistant minister Kazungu Kambi said some members of the committee have been told to ensure by all means that Mr Tobiko does not get the job.
Succession
Kajiado South MP Katoo ole Metito claimed that succession politics are play in the issues Mr Tobiko is facing in his bid to become Kenya’s first DPP under the new Constitution.
His Belgut counterpart, Charles Keter, declined to reveal the people behind Mr Tobiko’s tribulations, insisting instead that “bringing in Kirui and Murgor was playing politics.”
Mr Duale, Mr Metito and Mr Keter attended the afternoon session on Wednesday, with the Kajiado South MP attributing the allegations against Mr Tobiko by Justice Moijo ole Keiwua to a feud within the Maasai.
Other MPs at the media conference were Maison Leshoomo, David Koech, Joshua Kuttuny, Luka Kigen and Raphael Letimalo.
