Tobiko fights off questions on his integrity and track record

The nominee for Director of Public Prosecutions spent the better part of his time with the Constitutional Implementation Oversight Committee defending himself on allegations over his integrity and track record.

Mr Keriako Tobiko was questioned for more than three hours on claims of corruption, conflict of interest, abuse of office and serving the interests of influential people.

Former Local Government permanent secretary Sammy Kirui accused him of using third parties to demand Sh5 million as a bribe.

“I was told that if I did not pay the money the charges against me in the Nairobi cemetery scandal would be increased from the one recommended by the Kenya Anti-Corruption Commission to the three I am currently facing,” Mr Kirui said.

In a letter objecting to Mr Tobiko’s nomination, the former permanent secretary said he had the text message he received over the bribe and had submitted it to the National Security Intelligence Service.

Mr Tobiko denied the allegations, saying he did not know Mr Kirui, had never seen him and only saw the recommendations from the anti-graft agency.

“It is almost inevitable that as we prosecute cases, some people would want to hit back,” he said.

A significant part of the afternoon was also spent analysing his performance since he took over as deputy public prosecutor in May 2005.

In addition, the committee focused on his performance since the promulgation of the Constitution last year and his handling of the Kenyan cases related to the 2008 post-election violence.

When he was questioned at length over allegations made by Prof Yash Pal Ghai, his former boss at the Constitution of Kenya Review Commission, the nominee denied all the allegations and accused the law professor of witch-hunting.

Mr Tobiko asked why the accuser did not invoke the provisions that guided the team to have him removed and disciplined. “Prof Ghai came to Kenya with an intellectual attitude of great arrogance,” he said.

Over his ability to reform the prosecution service, Mr Tobiko said he was a reformer who would bring changes as long as there was an enabling environment to do so.

Yatta MP Charles Kilonzo accused Mr Tobiko’s office and that of the Attorney-General of failing to prosecute the masterminds of the pyramid schemes.

But the nominee said he had not seen the report of the taskforce that investigated the scam.

And on the case where Eldoret North MP William Ruto was acquitted of fraud charges, Mr Tobiko was asked why the prosecution did not produce Ms Hellen Njue, a key witness.

In his defence, Mr Tobiko said the case was handled by three senior State counsel and the AG had demanded an audit of the case.