Tobiko Is A Fraud

[Kim Jong-Un's Pajama Pants]

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I mention elsewhere that Keriako Tobiko is the official gatekeeper for the corrupt.  When a scandal threatens to get out of hand, he normally issues directives to the EACC to investigate and give him a report with a certain period, usually two weeks.  This has the effect of

a) taking custody of the crime and narrative away from anti-corruption voices
b) subjecting it to the revolving door of Kenya's justice sham
b) burying the scam

When he does this, he gives the misleading impression that his hands are tied by what EACC finds.  He creates artificial encumbrances that are non-existent in the law.  This is confirmed by the recent ruling on Ngilu and Kamau.

If the judges are to be believed, nothing stands in the way of DPP prosecuting chicken-gate or Sam Gichuru with or without EACC cooperation.  There is nothing that says he cannot directly seek information from the foreign entities that have found the perps guilty.

"For the avoidance of doubt, we decline to prohibit the prosecution of the petitioners, which we deem to be undertaken in accordance with the constitutional and legislative mandate of the Director of Public Prosecutions... (who) is liable to receive information from any source for the purpose of instigating any prosecutions," said Justice Odunga.

http://allafrica.com/stories/201603100231.html

[Georgesoros]

The only prosecution going on is chicken thieves. Anything else goes nowhere.

[Kadudu]

Tobiko has always been a fraud. He followed the other fraud Amos Wako.
Tobiko ni kuzungu mingi but says nothing. As Miguna Miguna said, this guy cannot even prosecute a fly.

[RV Pundit]

Tobiko doesn't have investigative powers. He is just a prosecutor. And I think he has done a generally impressive job...considering the pipeline of the cases.

[Kadudu]

Which one top case has he won? Just mention one case.

Tobiko doesn't have investigative powers. He is just a prosecutor. And I think he has done a generally impressive job...considering the pipeline of the cases.

[Georgesoros]

4yrs and counting.. Can't even prosecute a fly.

[MOON Ki]

Make what you will of the WikiLeaks ... According to the USA ambassador to Kenya at the time, Wako was quite a fellow: he always made it look like things were happening in the interests of justice when in fact (a) nothing was happening and (b) he was working double-time to ensure the former.

At "first glance", Tobiko does not appear to be as sharp as Wako, but his is probably a case of the tortoise ultimately winning the race: the cases he brings to the judiciary---when he brings something to the judiciary---never have the required oomph; there is always something missing that allows the "perp" to get them thrown out or relegated to an endless circus of "Mentions"s and whatever.

Here is the question that would be asked elsewhere: Here is the prosecutor.  (Chief Prosecutor in this case!)   What noteworthy cases has he/she successfully prosecuted?   

In serious places, Tobiko would be out of a job by now.   (And, NO, it wouldn't do to point fingers at the judiciary ... another Kenyan trick,)

[RV Pundit]

Which one top case has he lost. As far as I can tell Tobiko has done his job, sending the files forward or backward as needed.

Which one top case has he won? Just mention one case.

[Empedocles]

Which one top case has he lost. As far as I can tell Tobiko has done his job, sending the files forward or backward as needed.

Which one top case has he won? Just mention one case.

Oh yes, he has done his job.

Now he's getting rewarded for it:

THE Public Service Commission has proposed a lengthy process that makes it harder to remove of the Director of Public Prosecutions from office.

According to a draft legal notice published last week, it would take up to six months before the President can receive a petition to remove the DPP.

More: http://www.the-star.co.ke/news/2016/03/14/psc-makes-it-harder-to-remove-dpp_c1312013

[RV Pundit]

I am all for it. A powerful DPP who enjoys security of tenure is all we need.

Tobiko has done his job...nobody can come hear and say he didn't not prosecute xyz when evidence was there. The police, eacc and investigative agency have not done a good job feeding the pipeline and judiciary still has not figured out how to speed up it's pipeline.

It is not like tobiko has done a Amos Wako and entered a Nolle prosequi.

Oh yes, he has done his job.

Now he's getting rewarded for it:

[Kadudu]

RV Pundit, a prosecutor is measured by the successfull cases he has won in court and not by his managerial skills with the prosecution files.
Kindly name one top case this man has won in the last 4-5 years as DPP.

[RV Pundit]

He has prosecuted anyone where evidence showed to be somewhat guilty...from CS kamau/Ngilu to Shollei...to Waiganjo and all cops involved.If you're looking for objective measure....then you'll analyse what Tobiko has done....from setting his DPP office from the scratch, setting up offices in every county, recruiting more learnt (lawyers) prosecutors and the whole shabang...all the cases prosecuted, cases won, cases lost.

As for successfully prosecutions...you'd need to ask judiciary..how many high profile cases they've concluded recently...and who was acquitted.

If you have evidence of Tobiko stone walling or refusing to prosecute or do his job; then lets us know.

RV Pundit, a prosecutor is measured by the successfull cases he has won in court and not by his managerial skills with the prosecution files.
Kindly name one top case this man has won in the last 4-5 years as DPP.

[Kim Jong-Un's Pajama Pants]

He has prosecuted anyone where evidence showed to be somewhat guilty...from CS kamau/Ngilu to Shollei...to Waiganjo and all cops involved.If you're looking for objective measure....then you'll analyse what Tobiko has done....from setting his DPP office from the scratch, setting up offices in every county, recruiting more learnt (lawyers) prosecutors and the whole shabang...all the cases prosecuted, cases won, cases lost.

As for successfully prosecutions...you'd need to ask judiciary..how many high profile cases they've concluded recently...and who was acquitted.

If you have evidence of Tobiko stone walling or refusing to prosecute or do his job; then lets us know.

RV Pundit, a prosecutor is measured by the successfull cases he has won in court and not by his managerial skills with the prosecution files.
Kindly name one top case this man has won in the last 4-5 years as DPP.

Sam Gichuru through his company in Jersey on his own plea is guilty of money laundering.  This is in the public domain.  The Odunga court ruling tells me that DPP can get his information from any source.  How do I understand that?  That nothing stops Tobiko from picking up a phone and requesting all pieces of evidence that the Jersey authorities have used to find against this crook and simply rely on that evidence to prosecute.  Nothing, except Tobiko himself. 

I believe the same also applies to chicken-gate.  Is there anything in law that prevents Tobiko's office from directly interviewing anyone they think is involved in a crime without going through AG, Police, EACC etc?  I don't buy the notion that his hands are tied once he has shuffled papers.  Given that any legal clerk can shuffle  papers, I think Tobiko has to be held to a higher standard.  He is not a glorified messenger.

[RV Pundit]

I'm not sure exactly about Odunga rulling though I think cross-jurisdictional cases like these are novel here. DPP can order the police and CID to investigate... I doubt Tobiko was compromised by chickengate or BAT gate or Jersey gate.

Sam Gichuru through his company in Jersey on his own plea is guilty of money laundering.  This is in the public domain.  The Odunga court ruling tells me that DPP can get his information from any source.  How do I understand that?  That nothing stops Tobiko from picking up a phone and requesting all pieces of evidence that the Jersey authorities have used to find against this crook and simply rely on that evidence to prosecute.  Nothing, except Tobiko himself. 

I believe the same also applies to chicken-gate.  Is there anything in law that prevents Tobiko's office from directly interviewing anyone they think is involved in a crime without going through AG, Police, EACC etc?  I don't buy the notion that his hands are tied once he has shuffled papers.  Given that any legal clerk can shuffle  papers, I think Tobiko has to be held to a higher standard.  He is not a glorified messenger.

[Kim Jong-Un's Pajama Pants]

I'm not sure exactly about Odunga rulling though I think cross-jurisdictional cases like these are novel here. DPP can order the police and CID to investigate... I doubt Tobiko was compromised by chickengate or BAT gate or Jersey gate.

Sam Gichuru through his company in Jersey on his own plea is guilty of money laundering.  This is in the public domain.  The Odunga court ruling tells me that DPP can get his information from any source.  How do I understand that?  That nothing stops Tobiko from picking up a phone and requesting all pieces of evidence that the Jersey authorities have used to find against this crook and simply rely on that evidence to prosecute.  Nothing, except Tobiko himself. 

I believe the same also applies to chicken-gate.  Is there anything in law that prevents Tobiko's office from directly interviewing anyone they think is involved in a crime without going through AG, Police, EACC etc?  I don't buy the notion that his hands are tied once he has shuffled papers.  Given that any legal clerk can shuffle  papers, I think Tobiko has to be held to a higher standard.  He is not a glorified messenger.

I am not saying the man is compromised.  But rather that he is a willing obstacle even in an open and shut case like this one.  He is just like Amos Wako; their brief is not to rock the boat.

[Kadudu]

In short, he is compromised.
Make a lifestyle audit of Tobiko and you will see what comes out.

There is no hope in the fight of Kenya against corruption.

I am not saying the man is compromised.  But rather that he is a willing obstacle even in an open and shut case like this one.  He is just like Amos Wako; their brief is not to rock the boat.

[MOON Ki]

He has prosecuted anyone where evidence showed to be somewhat guilty...from CS kamau/Ngilu to Shollei...to Waiganjo and all cops involved.If you're looking for objective measure....then you'll analyse what Tobiko has done....from setting his DPP office from the scratch, setting up offices in every county, recruiting more learnt (lawyers) prosecutors and the whole shabang...all the cases prosecuted, cases won, cases lost.

Any prosecutor can take people to court; in fact that is the most basic aspect of the job.   What really matters is the proportion of successful prosecutions.   So what are Tobiko's notable cases-won?

[Kadudu]

Same question I asked Pundit but all he comes up is cases Tobiko has shifted around the corridors of (in)justice.
Tobiko is a just part of the swindle called Kenya.

Any prosecutor can take people to court; in fact that is the most basic aspect of the job.   What really matters is the proportion of successful prosecutions.   So what are Tobiko's notable cases-won?