Untitled - Africa Centre for Open Governance

2.2.1. Vetting of Other Officials in the Justice Sector
The nomination of Keriako Tobiko as Director of Public Prosecutions (DPP), unlike that of the CJ,
attracted criticism from independent observers and several civil society organizations that cited a lack
of transparency in the process that led to his nomination and appointment. In particular, critics of his
nomination and appointment as DPP argued strongly that Mr. Tobiko’s alleged lack of professional
integrity and dismal record of lack of meaningful action against corruption were raised on several
occasions during the vetting process but inadequately interrogated or altogether dismissed.
The following were the main concerns highlighted with respect to the appointment of Tobiko as
DPP:
a. The panel gazetted by the President to shortlist names for the position of DPP failed to permit
public participation - one of the national values under Article 10 of the constitution.
b. The panel failed to pay due regard to at least one complaint received from the public in
connection with Tobiko’s suitability for possible nomination.
c. The selection panel conducted its proceedings in an opaque manner and one open to
question.
d. The panel failed to examine Tobiko’s record in respect of prosecutions which, it was alleged to
the Constitutional Implementation Oversight Committee (CIOC), was extremely poor.
e. The CIOC failed to investigate allegations about Tobiko which spoke directly to his leadership
and integrity. 14
f. The CIOC had a split vote with respect to its review of the nomination of the DPP, and it was
seen as quite inappropriate for such a result to be reported to the House as a recommendation
to approve the nomination, especially bearing in mind that, in normal parliamentary practice,
if there is a split vote on any motion, the motion is lost. 15
14 Former DPP, Mr. Philip Murgor, pointed out during Tobiko’s vetting that the existence of conflicts of interest, which
had been admitted by Mr. Tobiko himself, would render effective exercise of his duties difficult and therefore
jeopardise the prosecution of major cases which the public want solved, such as the Goldenberg scandal and the
Anglo –Leasing affair
15 Kenyans for Peace with Truth and Justice, Press statement on petition to Parliament on Keriako Tobiko’s nomination,
www.khrc.or.ke/media-centre/press-releases/89-kptj-press-statement-on-petition-to-parliament-on-keriakotobikos-nomination.html
(June 2011)
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