Team to recommend nominees' endorsement despite tie for Tobiko

By David Ochami

The Constitution Implementation Oversight Committee (CIOC) will meet tomorrow morning to complete a report asking Parliament to endorse three judicial nominees.

CIOC chairman Abdikadir Mohammed says the report will not include a dissenting annex or opinion by any of its members opposed to its endorsement of Director of Public Prosecution Keriako Tobiko’s nomination.

He said on Sunday the report would not make further investigation against the embattled nominee. The other nominees are: Dr Willy Mutunga (Chief Justice) and Ms Nancy Barasa ( Deputy Chief Justice.)

But on Sunday CIOC member John Mbadi of Gwasi insisted that he would demand to include his dissenting voice in the report.

Mbadi, who wants extortion and incompetence allegations against Tobiko investigated, said parliamentary procedures allow this kind of dissenting opinion.

"I intend to raise my objections in the (final) report," said Mbadi who said he remains opposed to Tobiko’s nomination following the string of allegations against him.

But the CIOC chairman said the final report would recommend Tobiko’s approval by Parliament and list the allegations against him besides what the committee feels about them.

No dissent

"We agreed that there will be no dissent," said Mohammed, who added that there is no need to delay Tobiko’s approval because "we have already delayed the process for one week".

Mbadi said in its last meeting, CIOC allowed members to "express strong views in Parliament" and raised new doubts about the 11 to 11 vote tie that occurred before Tobiko’s endorsement.

"The decision to go forward was unanimous," according to Mohammed, who added that CIOC members agreed to recommend Tobiko’s approval in-spite of the tie because that was what "was appropriate under the circumstances" against him.

Meanwhile, ODM Chief Whip Jakoyo Midiwo has called for further vetting of Tobiko before his fate is decided by Parliament.

Beyond reproach

"I think the CIOC should have insisted on further vetting before his name is forwarded to the House. The new Constitution demands that public office bearers are beyond reproach," said the Gem MP.

But speaking at a different function, two assistant ministers differed over the fate of the DPP nominee. Finance Assistant Minister Oburu Oginga said Parliament should go ahead and vote for Tobiko.

"He scored 50 per cent, and to me that is a pass," said Dr Oburu at Maranda High School, in Bondo during the institution’s Parents Teachers Association meeting, on Saturday.

However, Education Assistant Minister Ayiecho Olweny differed: "Serious allegations have been made against Tobiko. If his name is tabled before the House, I will vote against him," said Prof Olweny.

Midiwo has additionally claimed there is a plan by an MP to compromise gullible colleagues in the voting of the top judicial positions, when the names are presented to Parliament tomorrow.

"This is a futile attempt to stifle the reform agenda," Midiwo said.