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Tobiko will be the best DPP ever

STUDIES
By | June 20th 2011

As you read this, Keriako Tobiko, a brilliant son of the Maasai, is poised to become your Director of Public Prosecutions. Never in the history of the land has a man's fate and career been so dramatically snatched from the jaws of death.

One moment, his goose seemed cooked with all manner of allegations flying left, right and centre. But by the time sections of ODM had made his nomination the subject of their usual asinine battles and some Maasai supremacists pegged 2012 tribal vote on his nomination, the die was cast.

Suddenly, legislators started wondering why everyone was obsessed with a text message while steadfastly refusing to probe Willy Mutunga’s earring. It was all the work of NGO activists hell bent on smearing muck on anyone who had worked for the government. Obviously, they wanted another one of their own for the position.

The battle moved to Parliament. A Rift Valley MP who, to paraphrase Mukhisa Kituyi, each time he opens his mouth demonstrates that he has nothing between his ears, kept shouting ‘point of order!’ with a cheeky grin. He wanted the matter quickly decided, because ‘from the mood of the House’, his side had the numbers.

Fighting hard

Martha Karua fought hard with John Mbadi and James Orengo providing covering fire. Mutula Kilonzo almost wept with emotion. At the end of the debate, he slumped in his seat, defeated. Tobiko would carry the day.

Heck, one needs to pay attention when James Orengo, Martha Karua and Mutula Kilonzo are batting for the same side. Why would three lawyers from different political parties, for once, agree on something? But their defeat is a godsend when you think about it.

Their voices of dissent, the acrimony surrounding this saga and the public vetting of senior judges have placed the office of the Director of Public Prosecutions firmly in the spotlight.

Now Kenyans know that far from the judiciary being rotten, it cannot function efficiently when the prosecution is playing games. And they have an idea about just the sort of games the prosecution is capable of playing.

Ready to pounce

For these reasons, Tobiko may end up being the best DPP the country has ever known.

Civil society, which for all intents and purposes was dead, has been resuscitated and will be lying in wait, ready to pounce on the smallest omission or commission emanating from the office of the DPP.

As soon as he assumes office, Tobiko’s every word will be dissected; every case his department prosecutes will be watched and probed. For one, his detractors will be eager to see what happens to the Anglo leasing cases, for the opportunity to triumphantly say, we told you so!

The Maasai defenders have inadvertently placed their brilliant son in very hot soup.

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