Tobiko woes delay MPs’ verdict
Parliament will have to wait until next week to receive the report of a committee vetting the top Judiciary nominees.
The Constitutional Implementation Oversight Committee (CIOC) meets from 10am on Thursday to compile their report for presentation to the House on Tuesday.
This emerged at the end of a session that saw a sitting judge and a former permanent secretary claim that chief public prosecutor Keriako Tobiko should not get Parliament’s approval to become the first Director of Public Prosecutions under the new Constitution.
But his boss at the State Law Office, Attorney General Amos Wako, gave him a vote of confidence, describing him as “a reformer, competent, intelligent and efficient.”
Mr Philip Murgor, who Mr Tobiko succeeded, said there was no way Mr Tobiko would be innocent of claims of conflict of interest in handling the Anglo Leasing case involving former PS Zakayo Cheruiyot.
Kenya Anti-Corruption Commission director Patrick Lumumba defended Mr Tobiko against allegations of financial impropriety while a commissioner of the Constitution of Kenya Review Commission (CKRC).
But Prof Lumumba was also critical of Mr Tobiko’s attitude and commitment to the review process, which he has documented in a book titled: The Postponed Promise.
He said Mr Tobiko had “great connections” within Kanu and quickly struck a rapport with top officials of the Narc government when it came to power, which gave him his current job.
“Whenever we met, our non-verbal communication was clear. Keriako is without doubt an intelligent man.
“My only regret is that the intellectual might was not applied to the benefit of the review process,” he read from his book.
Former Local Government PS Sammy Kirui told the CIOC that Mr Tobiko used proxies to demand a Sh5 million bribe from him.
Mr Kirui is facing three charges in connection with the fraudulent acquisition of cemetery land. The former PS claimed Mr Tobiko added two counts after he failed to bribe him.
He said former presidential aide Alfred Gitonga had introduced the idea to him, and he later dealt with a Mr Livingstone ole Ntutu, a Ms Chepkorir Kelion and a Mr Montet on behalf of Mr Tobiko.
Mr Ole Ntutu is a lawyer, Ms Chepkorir a Nairobi businesswoman and Mr Montet a treasurer at the Transmara County Council.
But Mr Tobiko said he suspected that Mr Kirui was motivated by bitterness as an accused person.
Lawyer Stephen Mwenesi represented Justice Moijo ole Keiwua, who had written to the CIOC, accusing Mr Tobiko of instigating his suspension from the Judiciary — the judge was reinstated after a tribunal found him not guilty.
Justice ole Keiwua also accused Mr Tobiko of interfering with a 4,000-acre ownership case in Maasai Mara, Narok, between Mr ole Ntutu and a company associated with the judge.
Mr Tobiko denied the accusations.
