By Nelson Havi (Advocate)
Justice Joseph Mutava was sent home for the Golden-berg prosecution bungle. Several bold Kenyans testified before the Tribunal, despite coercion, threats and intimidation from the Lords of Corruption on the Bench and the Bar, who wanted them not to testify. The Chief Justice Nominee, Maraga led Tribunal made a scathing attack on the Advocates involved in the scandal, including Keriako Tobiko’s spanner boy, James Mungai Warui.
PSC’s conduct in exonerating Keriako Tobiko from liability despite overwhelming evidence, shows how deep impunity and corruption have permeated Kenya. They are perpetuated and sustained in the public service by three individuals who are prominent Advocates. There are of course, several other public officers and constitutional commissions and offices, including but not limited to the JSC, EACC and ODPP, used by the three Advocates for that purpose.
Recent revelations by the Director of Criminal Investigations on how Tobiko bungled NYS’s investigations by turning suspect into prosecution witnesses, calls for his immediate removal from office. A commission of inquiry need also, be established to deal with the role three Advocates have played in entrenching corruption and impunity in the judiciary during the tenure of retired Chief Justice Mutunga.
In the meantime, extrajudicial measures permitted by the Constitution need be resorted to, to remove Keriako Tobiko from office now that he appears that all institutions that are supposed to oversight his role, discipline or remove him cannot take action. It worked for IEBC Commissioners. It should work on Keriako Tobiko.