ODM in fresh bid to block Tobiko debate

ODM and the civil society want Mr Keriako Tobiko investigated over allegations of impropriety before MPs can debate his nomination for the post of Director of Public Prosecutions.

Party chief whip Jakoyo Midiwo on Sunday asked the Constitution Implementation Oversight Committee (CIOC) to request for more time to “give the country a chance to investigate allegations against him”.

Mr Midiwo said the committee had the resources and powers to investigate the matter as it enjoys the authority of a High Court.

“We don’t have such luxury on the floor of the House. The team can subpoena the Francis Atwoli team which interviewed Mr Tobiko and the intelligence agency to clarify issues,” he said in a telephone interview.

He spoke as the Kenyans for Peace and Truth with Justice lobby announced that it would petition National Assembly Speaker Kenneth Marende to stop debate on Mr Tobiko pending investigations.

“We want to petition the National Assembly under the leadership of the Speaker to consider these allegations as serious. We want the truth to be ascertained through investigations,” said constitutional lawyer Harun Ndubi.

Parliament is on Tuesday expected to discuss the nominations of Dr Willy Mutunga for Chief Justice, Ms Nancy Baraza as his deputy and Mr Tobiko.

Mr Midiwo claimed politicians were pushing for the appointment of Mr Tobiko for selfish interests.

“Mr William Ruto, who has various cases in court, rejected the nominee for Chief Justice but says he is safe with the DPP. His support for the nominee speaks volumes and doesn’t mean well for the process,” he said.

Mr Tobiko ran into trouble on Wednesday when former Local Government permanent secretary Sammy Kirui accused him of soliciting a Sh5 million bribe through third parties. (READ: Tobiko fights off questions on his integrity)

Court of Appeal judge Moijo ole Keiwua also accused Mr Tobiko of influencing his suspension from the Judiciary and interfering with a land case in the Maasai Mara. Mr Tobiko denied the allegations.

In Nairobi, Maasai Council of Elders defended Mr Tobiko at a press conference.

They accused his opponents of targeting him to shield the “real people who should be blamed poor prosecution of influential suspects”.

The group threatened to mobilise the community against political parties opposed to the nominee.

Highest grade in interviews

“We will not accept some people to take advantage of certain circumstances to build accusations against someone who scored the highest grade in interviews,” said their spokesman, Mr Ololtisatti Nabulu ole Kamwaro.

Ms Leah Naikanae of the League of Women Pastoralists said the group had confidence in Mr Tobiko, adding that he had the qualities needed for the new office.

“We know this man, unlike some people who are making false accusations against him, is talented and very firm,” she said.

Mr Kamwaro said it was wrong to accuse Mr Tobiko for failings of other arms of government, noting that police were in charge of investigations and not the director of prosecutions.

“The competencies of cases in the hands of courts do not always lie in the hands of the chief public prosecutor,” he said.

On Thursday, CIOC endorsed the three nominees for Parliament’s approval for appointment by the President. Unlike the other nominees, Mr Tobiko was grilled twice.

Reported by Emeka Mayaka-Gekara, Aggrey Mutambo and Lillian Onyango