"At the Bomas Conference, Keriako was instrumental in the aborted attempt to oust Prof Ghai as the Chairman of the Conference. Related Stories * Tobiko fights off questions on his integrity "When Kanu was removed from power, Keriako very quickly developed good rapport with the then Minister for Constitutional Affairs Murungi Kiraitu and was eventually appointed as the Director of Public Prosecutions (DPP)," said Prof Lumumba.

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PHOTO/STEPHEN MUDIARI Keriako Tobiko during the vetting by MPs at County Hall in Nairobi on June 7, 2011.

By ANTHONY KARIUKI
Posted  Wednesday, June 8 2011 at 09:46

Bribery allegations have been raised against the nominee for the office of Director of Public Prosecutions Keriako Tobiko.

Related Stories

• Tobiko fights off questions on his integrity

A former Permanent Secretary in the Ministry of Local Government Sammy Kirui said Mr Tobiko sought a Sh5 million bribe to cover up a case.

He said Mr Tobiko demanded the bribe through proxies, whom communicated with him using short message service (SMS).

Mr Kirui claimed he was told that if he failed to raise the money, Mr Tobiko would use his position as chief public prosecutor to increase the charges he was facing.

The former PS is facing charges over the controversial purchase of cemetery land for the City Council of Nairobi. Others charged include former Nairobi Mayor Geoffrey Majiwa and former Town Clerk John Gakuo.

Mr Kirui said he had no personal vendetta against Mr Tobiko and he was merely doing his duty of informing the Constitutional Implementation Oversight Committee (CIOC).

"I have put my case across, you can chose to believe me or not but I have done my duty," Mr Kirui told the CIOC.

He said that he did not meet Mr Tobiko personally but only interacted with the three proxies.

"Corruption works through intermediaries" said Mr Kirui.

Committee member Martha Karua told Mr Kirui he had "done the right thing" in raising the claims against Mr Tobiko saying it was upon the CIOC to investigate the allegations further.

"We should not make those who rise up and make such statements feel guilty," said Ms Karua.

Mr Kirui said he had no intention of paying the bribe and that he could not raise the Sh5 million in the first place.

He told the committee that he forwarded the SMS's to the National Security Intelligence Service (NSIS).

However, CIOC members Beth Mugo and Chirau Ali Mwakwere raised doubts in respect of Mr Kirui's allegations.

Mrs Mugo said it was inconceivable that somebody of "Tobiko's intelligence and position could use such methods".

"It is unconvincing and amateurish," she said.

Mr Mwakwere said that Mr Kirui had met some CIOC members Tuesday night, a claim that the latter denied saying that he only met chairman Abdikadir Mohammed briefly.

Earlier, the director of Kenya Anti Corruption Commission PLO Lumumba had told the committee that Mr Tobiko was not the right candidate to drive reforms.

He said that Mr Tobiko had attempted to oust Prof Yash Ghai as chairman of the Constitution of Kenya Review Commission (CKRC) and had frustrated the workings of the commission.

"Keriako Tobiko had a strong character in the Commission. When I joined the Commission, he was also serving in another Government appointed Commission to inquire into issues concerning land. He therefore did not give his all to the Review Process. A man with great connections in the political class within the Kanu ranks, he disliked Prof Ghai with a passion," he said quoting from his book 'The Postponed Promise'.

"At the Bomas Conference, Keriako was instrumental in the aborted attempt to oust Prof Ghai as the Chairman of the Conference.

"When Kanu was removed from power, Keriako very quickly developed good rapport with the then Minister for Constitutional Affairs Murungi Kiraitu and was eventually appointed as the Director of Public Prosecutions (DPP)," said Prof Lumumba.