, NAIROBI, Kenya, May 25 – The suit challenging the appointment of Keriako Tobiko as the Director of Public Prosecutions has been dismissed by the High Court.
A three-judge bench ruled that there was no evidence to show that the nomination process was flawed or the Constitution had been violated as claimed by the petitioners.
“We can’t re-open the process having found that no serious allegations were overlooked. The court cannot grant orders that were not sought. We dismiss it as lacking in merit,” ruled judges Mohammed Warsame, Philomena Mwilu and John Mwera.
The case challenging his appointment was filed last year by the Kenya Youth Parliament and Kenya Youth League and a citizen Patrick Njuguna.
The three petitioners claimed that Tobiko should not be appointed after complaints were made against his suitability for the office.
They questioned his leadership, integrity, competence, suitability and honesty based on his service as DPP for five years before his re-appointment under the new Constitution in May last year.
Tobiko was among the first judicial officers to be grilled by the Judicial Service Commission.
During the grilling, he faced allegations raised by former Constitution of Kenya Review Commission Chairman Yash Pal Ghai who said Tobiko was not fit to hold the DPP’s position.
In recognition that his office was given power to operate autonomously unlike before when it was an organ under the Attorney General’s office, he pledged to diligently and efficiently spearhead prosecution work.
Tobiko who has survived the tides of time has also promised to ensure that victims of the post election violence access justice as he continues to serve as DPP for eight years since his appointment last May.