Tobiko draws more support for DPP job

Two ministers were among MPs who threw their weight behind the nominee for Director of Public Prosecutions Keriako Tobiko ahead of Wednesday's debate on a report by a House Committee.

Water minister Charity Ngilu, Fred Gumo (Regional Development) and MPs William Kabogo (Juja) and Gideon Mbuvi (Makadara) together with eight other MPs pledged to ensure that his name sails through Parliament when the House debates the report by the Constitution Implementation Oversight Committee.

The House will also debate the nomination of Dr Willy Mutunga for Chief Justice and Nancy Baraza as his deputy.

They said MPs would vote to endorse the ‘three piece suit’ of Mr Tobiko, Dr Willy Mutunga and Ms Nancy Baraza.

But speaking separately, the National Cohesion and Integration Commission (NCIC) has opposed Mr Tobiko's proposed appointment as DPP saying the nomination process was flawed.

According to Mrs Ngilu, Mr Tobiko underwent "a lot of rigorous vetting, which even MPs cannot go through'' while Mr Gumo described credibility questions raised against Mr Tobiko as "malicious and meant to block him from assuming the office."

“And just because he worked with Moi does not disqualify him from taking the position,” Mr Gumo said at a press conference convened at Parliament.

Mr Kabogo described the adverse allegations facing Mr Tobiko as a scheme by those opposed to his nomination.

"We are waiting for his name in Parliament and we shall approve it,'' said the Narc Kenya MP for Juja. He described the pro-Tobiko MPs at the press conference as "representing the face of Kenya".

Others at the news briefing  were Kiema Kilonzo, (Kitui South, ODM-K) Mithika Linturi (Igembe South, Kanu), Boni Khalwale (Ikolomani, New Ford Kenya), David Koech (Mosop, ODM)  Joshua Kutuny (Cherengany ODM), Nkoidila Ole Lankas (Narok South ODM), Peris Simam (Eldoret South ODM) and Mandera East MP Mohammed Hussein (ODM) .

Mr Kilonzo argued that those opposed to Mr Tobiko’s approval cannot stand the kind of scrutiny that he underwent.

The doctrine of democracy dictates that the majority have their way and the minority have their say," said Mr Linturi.

He talked of people whom he dismissed as busy bodies, claiming they were in a plot to tarnish the name of Mr Tobiko "but he is fit to be the country’s DPP".

Dr Khalwale urged Kenyans to accept Mr Tobiko in "the same way they have accepted Dr Mutunga and Ms Baraza".

He accused the civil society of fighting to have one of their own assume the DPP’s office.

"They cannot occupy all the offices, it is not surprising that the vetting team that picked Mr Tobiko selected someone from the State Law Office because it was aware that not all lawyers have experience in prosecutions,” he stated.

Mr Koech said Mr Tobiko had an admirable education and professional training record and it should not go to waste.

“We cannot use allegations to bring down such an asset to this country,” the MP said.

“We cannot as Parliament stop them from ascending office."

They spoke before the tabling of the report in the House by committee chairman Abdikadir Mohammed.

On its part, the NCIC objected to the inclusion of Trade minister Chirau Mwakwere in the House committee which vetted and recommended him.

It pointed to a conflict of interest saying the nominee who is the chief public prosecutor, was handling a file on Mr Makwere which might result in his prosecution for hate speech.

The commission said the minister should have excluded himself from the vetting panel due to possible conflict of interest.
“For the process to be deemed to be fair, all persons participating in the vetting must be free of suspicious personal interest,” said Ms Mary Onyango, the commission vice chairperson.

“In light of the above, the vetting process was flawed and Mr Mwakwere should desist interviewing other candidates until his matter is heard.”

The complaint against Mr Mwakwere was filed by the commission last year alleging that the minister made utterances that could be construed to cause ethnic tension in his constituency.

The Matuga MP allegedly preached hatred in July 2010 during by-election campaigns.

Serious allegations have been made against Mr Tobiko touching on his integrity, success record as prosecutor and role in the push for new constitution.

Former Local Government permanent secretary Sammy Kirui accused him of soliciting a Sh5 million bribe through third parties while 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.

Justice minister Mutula Kilonzo, chief whip Jakowo Midiwo, MPs Martha Karua and John Mbadi and key civil society groups have asked Parliament to first investigate the claims against Mr Tobiko before appointing him because they touch on his integrity.

Mr Kilonzo says the nomination should be  suspended until  all weighty allegations against him are investigated and the truth ascertained.

He said if Mr Tobiko’s name is approved with the allegations, it would “contaminate” the reform agenda.