They held press briefings at Parliament Buildings, Nairobi, on Tuesday, following the tabling of a committee report that recommended Tobiko’s approval and future investigations against him.
In the report Gwassi MP John Mbadi and Budalang’i MP Ababu Namwamba opposed Tobiko’s nomination while Heritage Assistant Minister Wilfred Ombui opposed future investigations against him.
Gichugu MP Martha Karua endorsed Tobiko’s approval, according to a report by the Constitution Implementation Oversight Committee (CIOC). Showdown is expected in Parliament on Wednesday afternoon, as members battle it out to either adopt or reject the report.
"That pursuant to Article 166 (1) (a) of the Constitution and sections 24 (2) and 29 of the sixth schedule to the Constitution, this House approves Dr Willy Munywoki Mutunga for appointment to the position of Chief Justice," said the report.
The same recommendation is also repeated for Ms Barasa.
However on Tobiko the committee added a rider that: "Approval of the Director of Public Prosecutions is subject to further investigations on the outstanding issues."
CriteriaIt recommended that future nominations submitted to Parliament for approval be accompanied by an explanatory report setting out the criteria used by the nominating body in settle on candidates.
The

On Tuesday, intense lobbying kicked off within Parliament precincts after CIOC chairman Abdikadir Mohammed tabled the report.
Cabinet ministers Fred Gumo and Charity Ngilu led several MPs in supporting the nomination of Tobiko, arguing that he cannot be vilified just because he worked during the former Kanu regime.
"Everybody has worked with former President Moi, including President Kibaki and even Prime Minister Raila

ODM legislators led by Assistant Finance Minister Oburu Oginga said they would vote for Tobiko today, pending future investigation. But PNU legislators led by Ndaragwa MP Jeremiah Kioni accused the Orange party of changing position after "seeing the light".
Oburu said the party has been wrongly depicted as opposing Tobiko’s nomination and accused PNU of orchestrating a tribal debate on matters of integrity.— Reports by Peter Opiyo, David Ochami and Martin Mutua.
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