Group says it is not after Tobiko sacking

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Photo/FILE Lawyer Oluoch told the court that the appointment of Mr Tobiko (above) failed to take clear provisions of the Constitution and urged the judges to issue a ruling to correct the mistake. 

By NATION CORRESPONDENTS
Posted  Tuesday, October 11  2011 at  22:06

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A lobby group has said it is not seeking the removal of Director of Public Prosecutions Keriako Tobiko from office, but a declaration that his appointment was unconstitutional.

The Kenya Youth Parliament said that for the sake of future appointments, the court has to exert its power in directing the appointment of constitutional office holders.

Through lawyer Anthony Oluoch, the lobby group told a three-judge bench that if the court finds the appointment unconstitutional, they should set on record what public policy and interest is.

“The petitioners are not concerned by the nature of the appointment. It is rather the procedural merits and the constitutionality of the appointment,” he said.

The lawyer added that what the petitioners are seeking is a ruling on a pure point of law and not a personal vendetta against the DPP. (READ:Group in fresh bid to block Tobiko)

He said that even House Speaker Kenneth Marende recognised the superiority of the courts and declared that Parliament is bound by its ruling when Justice Daniel Musinga ruled that the appointment of Justice Alnashir Visram, Kioko Kilukumi and Githu Muigai was unconstitutional.

Mr Oluoch said it will be erroneous for the DPP to adopt a position that only a tribunal can recommend his removal from office.

He added that the High Court has jurisdiction to hear and determine all cases challenging constitutional office bearers unless they are matters reserved for the Supreme Court.

Mr Oluoch told the court that the appointment of Mr Tobiko failed to take clear provisions of the Constitution and urged the judges to issue a ruling to correct the mistake.

“While acknowledging there are areas of national interest where courts are not equipped to interfere, it has the authority to rectify what has been done in contravention of the Constitution,” Mr Oluoch said.