He Applied to Serve Country, Not His Tribe

13 June 2011

editorial

Nairobi — There is no known nomination process for Director of Public Prosecution for the Maasai people, for the pastoralist communities, for the Rift Valley groupings or for any other ethnic, communal, sectional, regional or political interest.

Mr Keriako Tobiko has been nominated public prosecutor for the Republic, not for a small corner of the country or for any narrow grouping.

That is why those individuals or groups seeking to promote his claim to the key public office do him no favour by citing retrogressive clan, ethnic or sectional affiliation.

As a lawyer of long-standing, Mr Tobiko knows full-well that his suitability or otherwise for the office ought to be judged solely on merit – professional competence, relevant experience and education, ethical and moral rectitude, and other factors.

Nowhere in the vacancy announcement was ethnicity part of the qualifications. Therefore, those who think they are bolstering Mr Tobiko’s candidacy are only undermining his prospects.

It would be unthinkable to have a Director of Public Prosecutions who owes his loyalty to self-appointed ethnic defenders or to politicians of dubious standing who claim to be spokespersons for loosely defined sectional groupings.

Any candidate for such high office who depends on such canvassing, accompanied by veiled threats, would in ordinary circumstances immediately be disqualified from consideration.

The transparent process implemented for the appointment of judges and other key officers in the justice establishment was designed specifically to take us away from the abuses of the past where officers owed their loyalties only to the President.

The most unqualified and ill-suited characters were routinely appointed to the Judiciary or to head the State Law Office merely because they happened to be relatives or friends of the President.

Ethnic yardsticks

Reform of the justice system starts with ensuring that only qualified persons are engaged, and this must come through a process, which is so transparent and open that the alarm will be raised far and wide if any nominee has a murky past.

With the crude introduction of ethnic yardsticks, Mr Tobiko’s supporters succeed, not just in further tainting their favourite candidate, but in subverting a process that had introduced unparalleled public scrutiny and participation.

The nominations of Dr Willy Mutunga and Ms Nancy Baraza for Chief Justice and Deputy CJ attracted intense public interest, but at no time did the debates sink to the depths of raw ethnic baiting.

A lot of very serious issues were raised over Mr Tobiko’s record and his suitability for office, but at no time were the questions based on his ethnicity.

Despite all the baggage that he came with, Parliament’s Constitutional Implementation Oversight Committee decided, in its wisdom, to forward his name for consideration after a split vote.

It is now for Parliament to make a decision on Mr Tobiko, as well as on Dr Mutunga and Ms Baraza.

Parliament must stand firm and refuse to be influenced or threatened by narrow and selfish groupings that may want to pursue their political interests using the fight for ethnic rights as cover.

AllAfrica – All the Time