NEWLY appointed Director of Public Prosecutions Keriako Tobiko has complained that his vetting process was flawed. Speaking for the first time since his appointment as the first DPP under the new constitution, Tobiko said there was a clear political scheme to block his nomination. “The vetting process in my view was unfortunately a process which was handled without decorum. It became the captive of political brinkmanship,” said Tobiko. “One could clearly see whether you are talking about my vetting process or the vetting of the other two for the position of Chief Justice and Deputy Chief Justice. The reason here is this is a matter being handled for the first time in the country and there are no ground rules,” he added. Tobiko hailed plans by MPs to enact a law to regulate vetting and protect the reputation of candidates. 
Garsen MP Danson Mungatana in March introduced the Public Appointment (Parliamentary Approval) Bill, 2011 but it was later withdrawn.
On Tuesday, Justice minister Mutula Kilonzo said the government was planning to introduce a bill governing the vetting process and undertook to liaise with Mungatana. “I am happy to hear that the legislature or Parliamentarians seem to be focused now on establishing a proper framework and ground rules within which such vetting process can be handled in a dignified manner and in a manner such that does not destroy the reputation and image of a candidate,” Mutula said.
Along with new Chief Justice Willy Mutunga and Deputy CJ Nancy Baraza, Tobiko was initially vetted by a panel chaired by Central Organisation of Trade Union boss, Francis Atwoli, before nomination by President Kibaki and Prime Minister Raila.
Tobiko, along with Mutunga and Baraza, was then vetted by the Parliamentary Oversight Committee on Constitution Implementation where various people claimed he did not qualify to be DPP. Eventually the parliamentary committee tabled all three names in Parliament which endorsed their appointment.
The main complaints against Tobiko were that he had not successfully prosecuted any big fish in his present term as DPP; that his intermediaries had contacted former PS Sammy Kirui to have a case dropped; and that he had worked against the Bomas constitutional process.
In a BBC interview, Tobiko said there had been a well calculated political scheme in the vetting process to block him along with Mutunga and Baraza. “Most of them were allegations without substance based purely on a well calculated political design to ensure certain candidates whether it is me for the Director of Public Prosecution or the Chief Justice of Deputy Chief Justice do not assume the offices for which they had been nominated,” he said. “In the fullness of time, those doubting Thomases or critics and those who may have been equated by considerations other than bona fides will be proven wrong,” he said maintaining he will be independent of any political or religious allegiance.
Tobiko said previously his hands were tied as DPP. “I have been in this role before by name, appreciating that this was a department under the Attorney General. Under the old constitution the Attorney General was in actual fact and legally the director of public prosecutions. It was a misnomer in legal terms to have called this office mine as the director of public prosecutions,” said Tobiko. He told the BBC his top priority is to regain public confidence in the administration of criminal justice and the DPP’s office.
He said he intended to have DPP offices in every county and to appoint deputy DPPs. “No one is above the law, and as Director of Public Prosecutions, I shall faithfully operate on that understanding. Where there is evidence of criminality persons will be prosecuted irrespective of their status either in politics or society.” However he said he will not be a populist taking people to court to prove himself even where there is no evidence.
On Anglo Leasing, Tobiko said he will ensure that the existing inter agency team from the DPP’s office and the Kenya Anti Corruption Commission expedites investigation on the remaining files. “Once that is done, and I hope it will be done in good time, the evidence will be subjected to a thorough and independent evaluation by our office and if prima facie evidence is disclosed, prosecution shall ensue against all those who will be found criminally culpable irrespective of their status in society or political affiliations,” he said. He said two Anglo Leasing cases are already in court concerning the forensic lab and the passport scandals. He accepted it was the democratic right of the lobby groups to challenge his appointment in court.
The Kenya Youth Parliament, Kenya Youth League and one Patrick Njuguna have filed an application at the High Court seeking to nullify Tobiko’s appointment as the new DPP.
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