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Post by shifta on Jun 8, 2011 19:31:20 GMT 3
How Tobiko made it this far is a real shame. When the Atwoli - Karoli group put up his name as the most qualified - I almost lost my lunch. I put my hopes then in the PM who likewise played offside with the nomination.
What was also surprising was how few people appplied for this post compared to others. What does that say about it?
Secondly, I am so so glad that the legal committee with I. Ruto and other reactionaries is not doing the vetting, instead there is Shebesh and Karau staring Tobiko down. Talk about blessing in disguise, the meltdown and intrasigence of the ODM rebel group is coming back to haunt its impunity.
So MWakwere and Mugo do not think Kirui is up to task truthfully - "Why would anyone demand a bribe via Sms?" asks Mugo - "that is amateuarish" so she claims. We are talking about the land of impunity where the treasury is treated as personal kitty; impunity knows no bounds. Tobiko's proxies can do that because they know nothing would come of it - only this time something has. It is as if the two live in a parallel universe.
We need a clean slate since the DPP as we discussed elsewhere is a more important position than the CJ.
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Post by shifta on Jun 8, 2011 19:37:25 GMT 3
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Post by shifta on Jun 8, 2011 19:49:44 GMT 3
Blast from the past: Incompetence
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Post by adongo23456 on Jun 8, 2011 20:09:50 GMT 3
It seems it is now down to PNU hawks in the CIOC trying to cover up for Tobiko. Whatever happens life will never be same for Tobiko. He gets the job, he becomes the laughing stock of the entire judiciary and will make a mockery of the judicial reforms specifically from the prosecutorial side. How they will cover his open behind will take miracles. Most likely he will face court cases and all sorts of trouble. Worse still it will be back to square one where Kenyans have no faith in the police, the prosecutors etc and lawlessness and corruption becomes a national religion. Let PNU stick to this poisoned guy at their own peril. You cannot take that baggage to the DPP job. Give it to Kamlesh Pattni then. He has never been convicted either. This looks ugly. www.nation.co.ke/News/politics/-/1064/1176954/-/7spvlm/-/index.html
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Post by mwalimumkuu on Jun 8, 2011 20:15:02 GMT 3
Shifta,
Listening to Prof. Ghai and Lumumba, one does not know whether to cry or laugh. Their main beef with Tobika seems to be their not being in agreement with the whole Bomas process. When you interrogate their claims further you quickly realize that theirs was and still remains a difference of opinion, which is not a crime any where and cannot be held against an individual.
The only person who raises very serious allegations here according to me is Mr. Kirui. This needs to be investigated. But as Mugo and Mwakweri observe, it is quite unimaginable that a person of Tobika's level and understanding of the law would demand for bribes through SMS.
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Post by politicalmaniac on Jun 8, 2011 20:16:50 GMT 3
It seems it is now down to PNU hawks in the CIOC trying to cover up for Tobiko. Whatever happens life will never be same for Tobiko. He gets the job, he becomes the laughing stock of the entire judiciary and will amke a mockery of the judicial reforms specifically from the prosecutorial side. How they will cover his open behind will take miracles. Most likely he will face court cases and all sorts of trouble. Worse still it will be back to square one where Kenyans have no faith in the police, the prosecutors etc and lawlessness becomes a national religion. Let PNU stick to this poisoned guy at their own peril. You cannot take that baggage to the DPP job. Give it to Kamlesh Pattni then. He has never been convicted either. This looks ugly. www.nation.co.ke/News/politics/-/1064/1176954/-/7spvlm/-/index.htmlAll kirui has to do is get some paper trail and corroboration. Expect more allegations to surface. This man is done!
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Post by mangai on Jun 8, 2011 20:27:09 GMT 3
In my view, if the process of picking Tobiko had been transparent and more open to public scrutiny like for the CJ and deputy, some of these allegations cropping up now would have been dealt with long ago and most probably he wont have been nominated. What does this tell us about the committee appointed by the president and PM to vet suitable candidates for DPP?
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Post by politicalmaniac on Jun 8, 2011 20:31:55 GMT 3
In my view, if the process of picking Tobiko had been transparent and more open to public scrutiny like for the CJ and deputy, ? I thought this one was in camera?
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Post by adongo23456 on Jun 8, 2011 20:34:16 GMT 3
Shifta, Listening to Prof. Ghai and Lumumba, one does not know whether to cry or laugh. Their main beef with Tobika seems to be their not being in agreement with the whole Bomas process. When you interrogate their claims further you quickly realize that theirs was and still remains a difference of opinion, which is not a crime any where and cannot be held against an individual. The only person who raises very serious allegations here according to me is Mr. Kirui. This needs to be investigated. But as Mugo and Mwakweri observe, it is quite unimaginable that a person of Tobika's level and understanding of the law would demand for bribes through SMS. mwalimumkuuVetting is about integrity. Prof. Ghai has provided very important info about how Mr. Tobiko smuggled confidential papers of the CKRC to Moi in State House in breach of his oath of office in exchange of money. Now if that is not a sign of a crook with zero credibility, I don't know what is. Prof. Ghai also provided information to the effect that Mr. Tobiko locked up CKRC folks under scrutiny and took away their phones in order to hide them from CKRC commissioners. That can be verified by bringing the alleged victims of Tobiko's crooked operations to come and testify before the CIOC. In a nutshell if you go for a job interview and your former workmates have so much filth to say about you in relation to your character and integrity, only a fool would give you a job. The real serious matter here is that Mr. Tobiko is being challenged on matters of abuse of office as DPP, corruption as DPP, abuse of office in the CKRC, involvement in dubious activities all over the map. These issues have a direct impact on the job he is applying. It is interesting that the same people who were yelling yesterday about how Dr. Mutunga's studs etc are matters of national importance and should be reason to have him rejected as the CJ are the ones who now want to close their eyes to a literal scumbag with so much evidence against him being shoved into the DPP's office. What gives or do some people just love corrupt people. What is in it for them?
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Post by job on Jun 8, 2011 20:35:34 GMT 3
Blast from the past: Incompetence I mean the ineptitude, incompetence and gross neglect of duty is mind-boggling (Chomondley Case, Maina Njenga Case, etc). Add the scary corruption (Ruto case, Kirui Case) and issues of moral character flaws (raised by Porf. Ghai and Prof. PLO Lumumba) and this nomination should pretty much be DEAD. This is like a mafia modus operandi.These 2 video clips reveal alot. I suspect Kirui was receiving a threat when his cell phone rang as he gave his damning testimony about the solicitation of the Sh 5 million bribe by Alfred Getonga (on behalf of Tobiko). Kirui is one heck'uv'a brave character. Would anyone surely want to give this Tobiko fella the crucial DPP job? Definitely not, unless you want to stir major rebellion (or revolution). And the mere mention of Alfred Getonga, President Kibaki's former Personal Assistant, as the interlocutor directly soliciting bribes from accused persons such as former PS Kirui makes this extortion-corruption angle quite scary. Was the Sh 5 million being demanded from Kirui by Getonga going to be split between State House and Tobiko's office or this was Getonga's personal corruption project? Is this fresh allegation going to be investigated? It certainly need to. Is this surely why Kibaki swiftly nominated Tobiko?
For a for a person so close to the President to act as the wheeler dealer of corruption and palm-greasing in the Judiciary brings this matter right at the doorstep of State House. Is State House directly complicit in the corruption within the Judiciary? Looks like that's the case! And I'm now convinced Amos Wako too is right in the thick of this. His meek defense of Tobiko (blaming imaginary Juniors) looks staged to prevent his own likely exposé.
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Post by job on Jun 8, 2011 20:52:10 GMT 3
SAMPLE THESE COMMENTS FROM THE DAILY NATION ON TOBIKO'S NOMINATION
1.
Submitted by mukhonjiwefwe Posted June 08, 2011 09:48 AM
Despite Tobiko performing dismally in his docket for the last 5 years, the interview yesterday exposed all. Kenya wil pick on him at its own peril.
2.
Submitted by critico Posted June 08, 2011 08:26 AM
Of all the judicial nominees, Mr. Tobiko is the odd man out. He has been DPP for 5 years and we, the public, have lost all corruption related cases against the big men. Fortunately we had a chance to judge his performance, and the result is out. POOR and I beg the MPs not to pass his nomination. Mr. Tobiko will not help the reform case. OUT.
3.
Submitted by muchindo Posted June 08, 2011 08:21 AM
If this guy is confirmed, we will have just ended up with another Amos Wako, then we shall be back to business as usual, with impunity regning supreme! No matter how good and impartial the judge is, the case has to reach him first and the prosecuter must have commitment to prosecute. For the last six years this guy has held the position of DPP, he has nothing to show for it.
4.
Submitted by kijiko Posted June 08, 2011 07:09 AM
'Intellectual attitude of great arrogance' .this disqualifies you from public office.. Tobiko, it seems you have never attended interview anywhere. You dont hit back, never
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Submitted by Mwanahewa82 Posted June 08, 2011 03:23 AM
"as long as there was an enabling environment to do so". This phrase and the fact that Tobiko chose to blame his juniors about the poor handling of Ruto's case tells me that he is not the right candidate for DPP. I do not trust his instincts. My interpretation of "an enabling environment" is that he will not stick his neck out to aggressively prosecute grand corruption cases if the forces arraigned against him are powerful. He does not have any track record and has not successfully prosecuted any economic crimes cases. I believe he will be a let down.
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Submitted by tbarnes Posted June 08, 2011 01:44 AM
This man has been a total failure throughout his tenure, why give him another chance. Atwoli and Co., you have let us down.
7.
Submitted by Brimani Posted June 08, 2011 12:03 AM
This guy is unfit to be DPP. Please do not confirm him. Let us look for someone else. Like we did with the CJ and Deputy CJ let us not old wine in new bottles. "If it looks like a duck, swims like a duck, and quacks like a duck, then it is a duck"
8.
Submitted by mungai63 Posted June 07, 2011 11:33 PM
Why didn't these MPs ask these questions to Wako,their colleague who was also Tobiko's boss.Remember he is the one who used to decide the cases to be prosecuted not Tobiko.And for Tobiko Kenyans expect you to prosecute a Muthoni wa Mwai for assaulting a journalist and damaging property at NATION CENTER some years ago.And i also expect you to prosecute Mudavadi in connection with NCC cemetery scandal.And i also expect action against 220 MPs for evading tax.
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Submitted by Gita70Gama Posted June 07, 2011 11:16 PM
'The case was handled by three state counsel...' This is a man supposed to be IN charge of public prosecution passing the buck to his juniors! God forbid he becomes the DPP.He has lost all cases involving political figures and he is never concerned of such failures. Kenyans should be very worried if he is confirmed.
10.
Submitted by Ali_Doll Posted June 07, 2011 11:06 PM
The irony is our Kenyan MPs who are more venal than the judiciary nominees they are vetting are actually trying to potray themselves as pious and prissy by lecturing us and grilling the nominees on Kenya's 'unserious' moral culture. I get queasy merely watching them.
11.
Submitted by athingathing Posted June 07, 2011 11:06 PM
Tobiko is not honest. Period.
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Submitted by musia22 Posted June 07, 2011 11:06 PM
Tobiko serves the rich and mighty period
13.
Submitted by effectdominos Posted June 07, 2011 11:01 PM
His nomination process and the interview left more begging questions than answers. May have impressive Qualifications but has played safe in the background, not the quality of reformer.
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Post by shifta on Jun 8, 2011 21:39:52 GMT 3
mwalimumkuu: Heshima mwezangu. I would concur with you about Mugo's doubt about sms if this was not Kenya. Those who practice impunity have gotten so brazen that it is not just inconceivable but what is surprising is that you or Beth are surprised. You do not have to read Githongo's book (i advice anyone to do so) " It is our turn to Eat" to realize how brazen impunity grew under Kibaki, hawafichi.
As for Lumumba and Ghai what they are providing is character witness. Who would be in a better positon to testify about that than workmates in this case. The bottomline is that Tobiko's character as PLO puts it: 1. is suspect because of his lack of truth when he was on the commission 2. is suspect as a reformer since he stood in the way of change or reform and he is applying as reform candidate - that is fair.
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Post by phil on Jun 8, 2011 21:52:44 GMT 3
This Tobiko fella is wolf in sheep skin.
It seems unlikely parliament will approve his nomination. The man is clearly the ODD-MAN-OUT if he is to be compared to Mutunga and Baraza.
Using intermediaries to demand for Kshs 5million, a huge amount of money by any standards, so you can just imagine how much the Anglo-fleecers and the Grand Regency thieves paid him to keep their cases under wraps.
What a waste of intelligence.
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Post by b6k on Jun 8, 2011 22:16:24 GMT 3
If Tobiko's nomination is not dead in the water already then the CIOC is a waste of time. They were surprisingly soft on Wako & initially tried to rush through former DPP, Philip Murgor's testimony in an attempt not to miss UK's ministerial statement, aka speech. They didn't even follow up Kirui's allegation that even the smiling AG had a cut in the 5m bribe.
Murgor, in my view, turned out to be even more damning to Tobiko's cause than the much anticipated Sammy Kirui. His expose of Tobiko's conflict of interest as a former defense attorney for Anglo Leasing players, & indeed many of the key corruption cases in KE, should've been the nail in the coffin for the doomed appointment. As Murgor put it, the DPP post is a poisoned chalice. If you do it well you will either wind up dead or be hounded out of office in disgrace. The only way to survive in the post is by "doing nothing & sitting pretty". Little wonder Tobiko has lasted 5 years.
Shifta, I second your plug of "It's Our Turn To Eat". Alfred Getonga should be behind bars.
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Post by shifta on Jun 8, 2011 23:09:04 GMT 3
b6k, what are witnessing is also a failure of the process. How did Atwoli et. al choose? Did they investigate his background which does not require much scratching to unearth conflicts and sleaze. Tobiko MUST GO!!
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Post by mwalimumkuu on Jun 8, 2011 23:17:24 GMT 3
My good people, as you can see here, www.youtube.com/user/NTVKenya#p/u/3/mPOV0ctFMOkthese allegations were as baseless and as frivolous as they come. In fact according to me, Tobiko is the only one among the nominees who has received real vetting not the kind of window dressing we witnessed with the other fellows. I am afraid he got the job.
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Post by job on Jun 8, 2011 23:35:04 GMT 3
b6k, what are witnessing is also a failure of the process. How did Atwoli et. al choose? Did they investigate his background which does not require much scratching to unearth conflicts and sleaze. Tobiko MUST GO!! Tobiko initially passed through (was picked by) a very uninspiring team cobbled up between the Office of the President and that of the Prime Minister, a team that comprised people we should now focus more attention upon - inept folks who have exemplified total dereliction and neglect of duty. Here they are: The semi-illiterate Francis Atwoli (COTU) - purportedly Chairing the Panel, Int. Security PS Francis Kimemia (PNU), PS Amina Mohamed (PNU), Caroli Omondi (PM's office), LSK’s Kenneth Akide (quisling for hire) and LSK's Florence Kajuju. The lesson here is that these inept, incompetent, quislings (sitting under Atwoli) must never pretend to play any role in the selection of the next Attorney General. This shoddy path must never be retraced.As for Tobiko - any attempt to appoint him will be counter-productive. Legal challenges, protests, civil-society-led duels, pending clarifications (Kirui 5 million bribe allegation), conflict of interest with Anglo-Leasing suspects, etc...this guy would be so distracted he is unfit to be the DPP. Parliament should reject, otherwise Aluta continua....
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Post by politicalmaniac on Jun 8, 2011 23:47:15 GMT 3
There is the danger that thobiko's scandals will gather moss, and the legico will be forced to reject him This story has legs FOR SURE and if I am thobiko I pull my name out.
When debate begins in the legico there are MPs and their allies who benefited from his deliberate judicial obstructionism and would not want to see those skeletons unveiled.
I can assure you that the more they look into thobiko the more skeletons connected to the mafiya, kipkorios etc will come out and folks will be very uncomfortable.
thobiko is getting very radioactive, he will be jettisoned by his own sponsors the mafiya wa mt kenya.
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Post by einstein on Jun 9, 2011 0:02:00 GMT 3
Wow, wow, wow! How will Tobiko escape this? This guy needs serious lessons from Ocampo on how to carry out prosecutorial job. But this is now too late. Those in charge should give us a new candidate for the job for vetting purposes!
Jukwaaists, you are the greatest. Keep up your excellent vetting job so far. I hope to get time and join you in this process so vital for our new nation!
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Post by shifta on Jun 9, 2011 4:39:17 GMT 3
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Post by b6k on Jun 9, 2011 7:49:14 GMT 3
Job, according to Murgor it is worse than Tobiko just being distracted. With the office of the DPP rising in prominence as the AG's office no longer features in prosecutions, Tobiko's past handling of corruption cases gives rise to a serious conflict of interest. All those accused would only need to complain that Tobiko as DPP is using information they provided to him in confidence as clients. The upshot is all the corruption cases would be thrown out as "no reasonable court anywhere in the world" could proceed with a case where the prosecutor was once in the defence of those he is expected to charge. In short, Tobiko MUST NOT be allowed to take up this post if we are committed to dealing impunity a mortal blow. This may be why he was being snuck in under the radar by the Atwoli led group un the first place. To compromise ALL past corruption cases.
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Post by b6k on Jun 9, 2011 15:56:35 GMT 3
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Post by job on Jun 9, 2011 15:56:37 GMT 3
b6k et al.,The bad news is that the Abdikadir-led CIOC has just cleared Keriako Tobiko for the DPP. The last line of defence now lies in the House floor. Will MPs summon the courage to resist bribes and intimidation & weed out this character-flawed, morally-challenged, inept, lame duck (Tobiko) inching towards the paramount office of DPP? www.nation.co.ke/News/Panel+clears+Mutunga++Barasa+and+Tobiko/-/1056/1177764/-/sqd82fz/-/index.htmlWith Tobiko as the new DPP, we are back to square one. Mutunga and Baraza need a genuinely reformist partner as our chief prosecutor if Kenya is to slay the corruption dragon. Should Tobiko be confirmed, this would be a major set-back during this transition - unfinished business which must be completed in the near future.Oops!...looks like we posted around the same time.
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Post by commes on Jun 9, 2011 15:59:17 GMT 3
b6k et al.,The bad news is that the Abdikadir-led CIOC has just cleared Keriako Tobiko for the DPP. The last line of defence now lies in the House floor. Will MPs summon the courage to resist bribes and intimidation & weed out this character-flawed, morally-challenged, inept, lame duck (Tobiko) inching towards the paramount office of DPP? www.nation.co.ke/News/Panel+clears+Mutunga++Barasa+and+Tobiko/-/1056/1177764/-/sqd82fz/-/index.htmlWith Tobiko as the new DPP, we are back to square one. Mutunga and Baraza need a genuinely reformist partner as our chief prosecutor if Kenya is to slay the corruption dragon. Should Tobiko be confirmed, this would be a major set-back during this transition - unfinished business which must be completed in the near future.Oops!...looks like we posted around the same time. Could it be that they have forwarded the names to Parliament as required but with reservations on DPP?
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Post by kamalet on Jun 9, 2011 16:05:44 GMT 3
Whether Tobiko or Mutunga and company were the right people is now water under the bridge and the next step in parliament for me will not matter.
The real questions that we should be asking is whether the entire process works for Kenya under the new constitution. And this question should start from the process of advertising, shortlisting, JSC/Committee selection process and finally the vetting by parliament. Has it in the end been a process that is inspiring?
Did Tobiko become DPP because of political considerations or because of merit? If it is the former, is the processes that badly flawed as for us to look into it?
Job lists out the queslings involved in interviewing Tobiko and you may even want to question the JSC process for the judges (CJ & DCJ). Are all these processes working if we end with having to get political deals to have someone pass trough all these checks the constitution builds?
Is it possible that the parliamentary committee may have been forced into deal making that if you do not allow one then the others fail.....or will even this deal making happen on Job's last line of defence?
Supposing that even with all this opposition on Tobiko parliament still approves him and Kibaki formerly appoints him, will this satisfy the will of the Kenyans in the spirit of the constitution?
Points to ponder!
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