CIOC clears Tobiko Mutunga Baraza

June 9, 2011 12:48 pm

, NAIROBI, Kenya Jun 9 – Keriako Tobiko has survived an barrage of objections to his nomination as Director of Public Prosecutions, after the Constitutional Implementation Oversight Committee (CIOC) approved him to take up the job.

The Committee also okayed the choice of Dr Willy Mutunga and Nancy Baraza as Chief Justice and Deputy Chief Justice respectively.

The names will now be forwarded to Parliament for a final vote on Tuesday, after which the President shall formally appoint them to the key constitutional offices.

"For the DCJ we had 23 votes for, 0 against; for the DPP we had 11 for and 11 against and one abstention. Now that is a fifty percent mark and in our deliberations thereafter and because we have to give one recommendation to the House, our recommendation is go even for that position," CIOC Chairman Abdikadir Mohammed said.

Mr Mohammed told a press conference at Parliament Buildings that Dr Mutunga got 21 votes out of the 23 members present.

The Committee had delayed filing its report on Wednesday following various allegations levelled against Mr Tobiko.

"In our report to the House, we have noted all the key issues touching on the nominees and especially with the Director of Public Prosecution; in terms of the issues that were raised, how we handled them either for or against so that the House can take a position from knowledge," he said.

He added: "What gave me personal gratitude is that on all those issues the vote was not on party lines, there were people from varied party persuasions who were either for or against."

But Mr Tobiko who has been the government\’s chief prosecutor for the past five years had also vehemently denied the allegations.

"I have never sent or asked for bribe from Mr Kirui. I have not sent any proxies to Mr Kirui to ask for the bribes. If it is true those people approached him then they are conmen but I have not sent them," he said emphatically.

Some members of the committee including Cabinet Ministers Beth Mugo and Chirau Ali Mwakwere had earlier questioned the validity of Mr Kirui\’s claims. Mrs Mugo said it was inconceivable that somebody of Mr Tobiko\’s intelligence and position would use such methods in seeking bribes.

On Thursday nine MPs allied to Eldoret North legislator also came to the defence of Mr Tobiko claiming there is a plot to give another person that job.

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 a former aide of President Mwai Kibaki Alfred Getonga, had introduced the idea to him, and he later dealt with Livingstone ole Ntutu, Ms Chepkorir Kelion and a Mr Montet on behalf of Mr Tobiko.

But in a quick rejoinder Mr Getonga denied the allegations saying it was dubious, bogus and nasty.

Mr Ole Ntutu is a lawyer, Ms Chepkorir a Nairobi businesswoman and Mr Montet a treasurer at the Transmara County Council.

Mr Ntutu has also rubbished the claims that he sought the bribe on behalf of Mr Tobiko.

In a statement sent to newsrooms, Mr Ntutu said: "I wish to state categorically that I never attended any meeting or held any discussion with the said Sammy Kirui on the alleged bribe."

"It is self evident that these wild allegations made at the 11th hour are carefully designed, calculated and crafted to unjustly injure the credibility and suitability of the nominee for the position of DPP."

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