Civil society to block Tobiko’s nomination

Written By:KBC Reporter ,    Posted: Mon, Jun 13, 2011

The groups say Tobiko's nomination was flawed and that it disregarded the constitution.

Civil society groups under the Kenyans for Peace with Truth and Justice (KPTJ) wants parliament to block the nomination of Keriako Tobiko as Director of Public Prosecutions.

The civil society group says it will present a petition to parliament praying for the quashing of the nomination on grounds that the selection process was unconstitutional and shrouded in mystery and secrecy. 

The group is also expressing concerns over allegations of his professional misconduct, and plans to file a case in court challenging the selection panel gazetted by the president of failing to permit public participation as required under Article 10 of the constitution.

The groups say Tobiko's nomination was flawed and that it disregarded the constitution.

It is accusing the Constitution Implementation Oversight Committee of failing to pay regard to complaints received from the public about Tobiko.

"Despite obvious objection from the half of the Constitution Implementation Oversight Committee, a wide section of the public and the civil society during the public confirmation hearings, the CIOC has chosen to forward the name of Mr. Keriako Tobiko as the nominee for the position of the Director of Public Prosecutions. The Kenyans for Peace with Truth& Justice network would like to categorically register its objection to this new development."

In its petition, KPTJ also wants parliament to approve the nominees for the positions of Chief Justice and Deputy Chief Justice separately.

KPTJ is a coalition of over 30 Kenyan and East African legal, human rights, and governance organizations, together with ordinary Kenyans and friends of Kenya, convened in the immediate aftermath of 2007's presidential election debacle.

KPTJ is currently active in the monitoring, implementation and enforcement of the mediation agreement of which the Constitutional reform and reform in the judicial system are key components.

On Saturday, Vice President Kalonzo Musyoka has urged Members of Parliament to unanimously pass the judicial nominations this Tuesday, saying the three nominees have been subjected to proper vetting.

Mr. Musyoka emphasized on the need for all MPs to be in the House to pass the nominations of Dr. Willy Mutunga (chief Justice), Nancy Baraza (Deputy Chief Justice) and Keriako Tobiko (Director of Public Prosecution).

The Vice President said it is time MPs forget their differences and take a common stand on matters pertaining to the judiciary by passing the nomination of the three nominees as the only way to fast track reforms at the judiciary.

"We have a duty as MPs to see that the nomination of the three nominees is passed by Parliament as soon as possible to fast track reform at the judiciary,'' said Mr. Musyoka.

He said it was wrong for some MPs to hatch a scheme to discredit Mr. Tobiko so that he cannot get the job but assured Kenyans that the nominations of the three individuals will be passed by Parliament.

The Vice President said that the Speaker of the National Assembly should not be shaken by plans by the civil society to go to court to block the approval of Mr. Tobiko as the Director of prosecutions.

He said that the nomination of the three individuals was gender sensitive and called on MPs to come together and pass their nominations without any due delay.