NAIROBI, Kenya, Jun 24 – Chief Justice Willy Mutunga has appointed a three-judge bench to hear the petition against newly appointed Director of Public Prosecutions Keriako Tobiko, filed by two civil society groups.
The Kenya Youth Parliament and the Kenya Youth League, who sought an injunction to halt the appointment of Mr Tobiko just over a week ago, said they were pleased with the speedy response of the Chief Justice in their matter.
"Under the old regime, it would take years for the CJ to appoint a bench for a matter that was certified urgent. But for the first time, in less than a week the Chief Justice has appointed a bench, which is a plus on his part," said Kenya Youth League Team Leader Neto Agostinho.
The petitioners\’ lawyer Anthony Oluoch said his clients had since amended the petition from its original form to better address Mr Tobiko\’s current status as the new DPP.
"Our initial petition sought to stop his (Tobiko\’s) gazettement which was overtaken by events," he said.
Mr Oluoch added that the current stipulations of the amended petition would then seek to stop Mr Tobiko from taking of office, drawing any salary or remuneration or conducting any duties pursuant to the swearing in.
Mr Agostinho said if the petition was delayed, they would use other constitutional means to see that justice was served.
"Should the case take long, we will be using other Constitutional means under our rights to picket in Article 37. We will be seeking to give Mr Tobiko notice that should we see that the bench and Chief Justice are taking too long, he should be out of office in the next one month," he said.