Lawyer makes second attempt to send DPP home

A lawyer is seeking to reverse a decision of the Public Service Commission declining to send home Director of Public Prosecutions Keriako Tobiko over alleged gross misconduct.

Lawyer Nelson Havi (pictured) has sued the commission and wants it to be compelled to reconsider his complaint against Tobiko.

Havi made his first attempt to remove Tobiko from office in April this year, but it was dismissed on July 21. He has renewed his attempt by filing a new case before the Judicial Review Division of the High Court.

On June 15, 2011, Tobiko’s appointment as DPP was approved by the National Assembly.

Havi says Tobiko’s tenure has been characterised by non-compliance with requirements of Chapter Six of the Constitution on integrity. As a result of this, the lawyer said, he was forced to file a petition before the Public Service Commission on April 5 this year, seeking initiation of Tobiko’s removal from office over alleged gross misconduct.

He enlisted six cases for Tobiko’s removal. They include the Malili Ranch dispute, Tatu City dispute, Goldenberg and Anglo Leasing sagas and one involving businessman Pius Ngugi.

Havi claims Tobiko personally acted for some of the suspects in the Anglo Leasing case and when he took up the matter as DPP he failed to consider the possible conflict of interest. He says the DPP bungled the Goldenberg case prosecution.

Lawyer James Mungai filed a replying affidavit defending Tobiko against the claims relating to Goldenberg; activist Okiya Omtatah filed a response defending the DPP against the claims relating to the Tatu City case; while Paul Muite filed a replying affidavit defending Tobiko in respect of complaints touching on the Malili Ranch case.