By Blamuel Njururi Kenya Confidential Editor-in-Chief, Nairobi, February 9, 2018
Keriako Tobiko as a Lawyer and Director of Public Prosecutions severally violated the Constitution of Kenya Part 4, Section 11 of Article 157 with no regard to the public interest, the interests of the administration of justice and the need to prevent and avoid abuse of the legal process in clear instances that render him unsuitable to be the Cabinet Secretary for Environment and Forestry
Kenya Parliament is submerged in a monumental scandal over refusal to question former Director of Prosecutions Keriako Tobiko over his role in grabbing of 8,000 acres of Maasai Mara Forest and Maasai Mara National Game Reserve and malicious prosecution of innocent Kenyans. A petition that would have knocked Tobiko out reveals how unsuitable he is to head Environment and Forestry ministry in Kenya.
National Assembly Speaker Justin Muturi refused to present the petition by Kenya Confidential Editor in Chief Blamuel Njururi exposing Tobiko’s role in Maasai Mara 8,000 acres grabbing, violating the Constitution and abuse of office as public prosecutor. He told the Editor that his Petition was not authenticated by a Commissioner of Oaths – a blatant lie of the highest order and attempt to protect Tobiko.
The preposterous lie demonstrates how deep corruption and moral decay has sank in Kenya and more so in the legislative arm of the Jubilee government expected by Kenyans and President Uhuru Kenyatta to curb corruption. It is hard to comprehend why the Speaker would use parliament to protect a man who has devoted his life to destruction of forests and environment and commercialized justice in Kenya. Those familiar with Muturi’s abrupt end of a career in Judiciary cannot be surprised.
I wish to express great disappointment over the mischievous handling of Cabinet Secretaries vetting by the Speaker of the national Assembly Mr Justin Muturi, who presided over an exercise intended to hoodwink Kenyans that there was transparency in the appointment of candidates nominated by President Uhuru Kenyatta.
- The exercise was a farce in so far as vetting former Director of Public Prosecutions Mr Keriako Tobiko was concerned.
- On February 5, 2018, I submitted a petition to Parliament pleading that MPs refrain from approving Mr Tobiko nomination and giving factual details on how he abated and defended grabbing of 8,000 acres of Maasai Mara Forest and Maasai Mara National Reserve and how he flouted the Constitutional mandate of his office as DPP.
- On February 7, 2018 morning, I heard Majority leader Aden Duale say on Television that those submitting Petitions should swear an affidavit.
- At 7.54 a.m I sent the Speaker an SMS message to Mr Muturi as follos; Good (morning was omitted) Sir, Must a Petition to Parliament be accompanied with a sworn affidavit?”
- At 8.19 a.m, he responded; “Yes if it concerns the processes contemplated in the Public (Parliamentary) Act 2011.
- I responded, “Thank you very much.”
- I made slight amendments to my earlier Petition and swore the appropriate affidavit before S K Kivuva Advocate and Commissioner for Oaths at his Reinsurance Plaza Chambers.
- In the afternoon, and bearing in mind that was the closing date with a deadline of 5.00 pm, I went to Parliament where I personally handed the Petition and affidavit to the Speaker’s Secretary. I was escorted by the receptionist handling the Petitions who wanted me to explain that was a fresh Petition. I handed it to a Secretary in Muturi’s office at 3.15 p.m.
- On February 9, 2018 after Mr Tobiko completed his vetting session and he failed to table my petition, I sent a message to Mr Muturi at 11.27 a.m. as follows; “Good morning Sir, why was my petition dropped?’
- At 11.27 a.m. he responded, “It was not authenticated by a Commissioner for Oaths.” That is not true. He opted to rig Tobiko to Cabinet by dropping a Petition that exposed him as unfit for the position of Environment and Forestry Cabinet Secretary.
- Today on February 10, 2018, at 10.39 a.m. I sent him a message as follows, “ Morning Sir, You rigged Tobiko pretty easily. However, I am suing him for malicious prosecution and ALL the issues I raised over my case will be on the table including abuse of office and breaching the Constitution.”
- Mr Muturi responded, “You are perfectly within your rights to do so.”
- My response, “Thank you very much, good day.”
- You will notice Mr Muturi did not deny the fact that he rigged Tobiko to the list of President Uhuru cabinet nominees who may be appointed Cabinet Secretary.
This capricious behaviour by the custodian of a national legislative institution and the third arm of the government to protect senior public servants from public scrutiny must be condemned in the strongest terms possible. That is how dictatorship is imposed upon citizens and avenues of corruption and abuse of office opened.
National Assembly Speaker sat on Petition
The following is the petition with accompanying affidavit as required in law governing Cabinet Secretary appointment. The Speaker of the National Assembly Justin Muturi lied it was “not authenticated by a Commissioner of Oaths”.
“PURSUANT OF ARTICLE 119 OF THE CONSTITUTION, I HUMBLY PETITION THE NATIONAL ASSEMBLY TO REFRAIN FROM APPROVING MR KERIAKO TOBIKO APPOINTMENT AS CABINET SECRETARY FOR ENVIRONMENT AND FORESTRY.
I, Blamuel Njururi, the undersigned Petitioner, being a Citizen of the Republic of Kenya residing in Nairobi, pursuant of Article 119 of the Constitution, Petition to Parliament (Procedure) Act and the National Assembly Standing Order 223,
Draw the attention of the Honourable House to the following;
Kenyan Constitution, Chapter Nine, Part 4, Article 157 provides in Article 157 the office Director of Public Prosecutions.
Section 11 states; The Director of Public Prosecutions in exercising the powers conferred by this Article; shall have regard to the public interest, the interests of the administration of justice and the need to prevent and avoid abuse of the legal process.
Mr Keriako Tobiko as a Lawyer and Director of Public Prosecutions severally violated the Constitution of Kenya Part 4, Section 11 of Article 157 with no regard to the public interest, the interests of the administration of justice and the need to prevent and avoid abuse of the legal process in clear instances that render him unsuitable to be the Cabinet Secretary for Environment and Forestry.
Specifically, Mr Tobiko as a Lawyer aided and abated the grabbing of thousands of acres of Maasai Mara Forest and Maasai Mara National Reserve in Narok District whose consequences have been massive ecological and environmental degradation as well as destruction of forest cover resulting in perennial floods causing deaths, wreaking havoc and inflicting heavy economic losses in Narok Town.
I have attached to this Petition a copy of Kenya Confidential Newspaper in which I published my findings on grabbed parcels of land on September 18, 2008 whose contents I aver to be held liable and responsible as the investigator and Editor-in-Chief publisher.
- I am a professional Journalist specialised in investigative journalism.
- I was Journalist of the Year in 1975 after exposing Kenya’s first mega scandal on phantom KenRen Fertilizer project that never was in Mombasa,
- I was Journalist of the Year in 1978, when I exposed irregular alienation of Veterinary Research land at Ngong to Halal Meat Products and also Journalist of the Year in 2004 for exposing Drug and Substance abuse in Kenya.
- I worked for all major Kenya Media Houses with impeachable record from 1968 when I joined the Ministry of Information and Broadcasting.
My articles in Kenya Confidential are well documented and letters quoted therein implicate Mr Tobiko in aiding and abetting grabbing of 4,000 acres of Maasai Mara Forest Title Narok/CIS/Mara/Ololulunga/9470 Parcel 9470 in 1999 as the lawyer of one Livingstone Kunini ole Ntutu. He later aided the same client in grabbing another 4,000 acres of Maasai Mara National Reserve Title No Narok/CIS Mara/Talek/155.
He defended fraudulently acquired Titles in conspiratorial nature and allowed surreptitious State betrayal in prosecution of Criminal Case No 2157 of 2003, against the same Livingstone Kunini ole Ntutu, which was alive when he became the Director of Prosecutions in 2005, thereby failing to have regard to the public interest, the interests of the administration of justice and also failing to prevent and avoid abuse of the legal process.
Senior Principal Magistrate Mrs R A Mutoka said as much in her judgment of Criminal Case No 2157 of 2003 – Republic Versus Livingstone Kunini ole Ntutu (Reproduced in Kenya Confidential on page 12) when she declined to consider the validity of the Title to Parcel No Talek 155 as the defense, led by Mr Kioko Kilukumi, a cube-mate of Mr Tobiko at University, had urged.
The Magistrate cited lack of interest by the State (DPP prosecution) in that case and said it had “miserably failed more by way of omission in my view to prove its case against the accused person in all the charges preferred against him”.
The grabbed parcels of land did not revert to the public even after prolonged Narok County Council legal battles, intensive protests by the Maasai Community, recommendation by a Government Task Force headed by former Minister for Local Government Muskari Kombo and a Directive by former Head of Civil Service Dr Richard Leakey to have the Titles cancelled.
I humbly also wish to bring to the attention of the Honourable House how Mr Tobiko failed to uphold cardinal rule of judicial fairness in prosecution and application of criminal justice system as follows;
As the Director of Public Prosecutions, Mr Keriako Tobiko failed to demonstrate interests of justice and to prevent and avoid abuse of legal process when he subjected a young couple and myself to malicious prosecution through abuse of the judicial process. We were put through four (4) painfully excruciating years of criminal charges for “Malicious Damage” to property we never touched through a trial founded on Falsehoods from November 2013 to November 2017.
I believe his was revenge on me because I published his involvement in grabbing of Maasai Mara Forest and Maasai Mara National Reserve land amounting to 8,000 acres in Kenya Confidential of September 18, 2006.
The young couple was purely collateral damage in the case.
On March 19th, 2014, I wrote a letter to Mr Tobiko as then Director of Public Prosecutions informing him that we were being subjected to Malicious Arrest, Detention and Charges on Falsehoods by Buru Buru Officer Commanding Police Station (OCS), Inspector Johnstone Matoke, before Madaraka Law Courts vide Criminal Case No 5823/2013 – Malicious Damage to Property as per Charge Sheet in Police Case 134/407/2012.
My letter to Mr Tobiko contained background details explaining that as a journalist and neighbour at the time of arrest I was responding to distress calls from a young couple arrested in the evening leaving their three young children (then aged between 6 and 3) without parental care and they were not told why they were arrested.
We subsequently received a letter dated 28th April 2014, signed by Senior Assistant Director of Public Prosecutions Alloys O. Kemo, for Director of Public Prosecutions, informing inter alia; “Please be informed that the Director of Public Prosecutions has called for the (police) file with a report on the findings on investigations… The Director of Public Prosecutions will revert to you once the file is received and thoroughly reviewed.” Ref: No. ODPP/CAM/2/397/(3).
Buru Buru Officer Commanding Station Senior Inspector Johnstone Matoke, who ordered a police constable by the name Kipkaris, to arrest me vide OB/78/28/11/2013, ignored the letter Ref ODPP/CAM/2/397/(3) and two reminders dated 21st July 2014 and 25th July 2016.
However, Mr Tobiko acted negligently and failed in his statutory duty to pursue the matter even after my several letters and emails to him to prevent and avoid abuse of the legal process.
When Mr Matoke appeared before the Trial Court on my insistence and three Court summons, I asked him why he had not responded to the Director of Public Prosecutions letters. He said he had not received any letters from DPP.
Asked by the Trial Magistrate if the case would proceed, he said; “Yes, it is not being withdrawn, I know them.”
Soon after a prosecutor from Directorate of Public Prosecutions took over from the Police Prosecutor but he too did not submit the police file and a report of investigations carried out before we were charged – even on requests from Senior Assistant Director of Public Prosecutions Alloys O. Kemo.
Mr Kemo eventually told me to direct my concerns directly to Mr Tobiko. He told me there appeared to be “interference” he did not understand and he did not wish to be seen as if he had “vested interest” in the case.
I have attached numerous letters I wrote to Mr Tobiko seeking an appointment with him but was never granted the opportunity over a period of four years.
On October 28, 2016, I met with Mr Tobiko at State House during the Summit hosted by His Excellency President Uhuru Kenyatta, on Corruption and Governance, to which I had been invited as a veteran anti-Corruption Journalist.
I took the opportunity to ask Mr Tobiko why he had ignored my pleas for an appointment with him over my case. He responded; “Oh yes Mr Njururi, I am aware of it.”
He then hurriedly gave me a mobile number and asked me to call him on it but whenever I called three times it was answered by a woman, who on the third occasion asked me to stop bothering her as she did not even know Mr Tobiko and that was not his number. Efforts to talk to Mr Tobiko at his NSSF Building office that I visited severally, or, by telephone afterwards were fruitless the whole of 2017.
I however, noticed he was quick to intervene in cases that generated publicity for him e.g. body of lawyer found in Ol-Donyo Sambuk River, Jimmy Wanjigi House raid and David Ndii arrest.
By God’s Grace, the young couple, and myself were finally acquitted on November 16, 2017 for lack of evidence despite the DPP’s prosecutor coaching witnesses to give false evidence under Oath, which Mr Tobiko as the Director of Public Prosecutions failed to prevent and avoid abuse of the legal process purely to his qui bono.
In both the scales of Justice and balance of probabilities it is most unlikely that Mr Tobiko will resist the temptation of using his new office negligently and for self-aggrandizement as amply demonstrated above – pursuits which will be detrimental to National Environment, Forests endowment for posterity and will further hurt mankind, wildlife and Nature’s ecology.
I confirm that the issues in respect of which this Petition is made are not pending before any court of law, or constitutional or legal body.
Attached to this letter is an affidavit pursuant to processes contemplated in the Public Appointments (Parliamentary Approval) Act 2011, affirming my honesty and the fact that matters raised are without malice, ill will or made under duress but as a civic duty in public interest and the interest of the need to prevent and avoid abuse of power by those entrusted with the management of public affairs which is paramount to the success of democratic governance.
Herefore, your humble Petitioner solemnly pray that Parliament refrains from approving the appointment of Mr Keriako Tobiko to the Office of the Cabinet Secretary for Environment and Forestry, because he has demonstrated, beyond reasonable doubt, in his career as a Lawyer and Director of Public Prosecutions he does not to care about conservation which is of vital importance in both portfolios.
His actions contributed to the degradation of both Environment and Forests in Maasai Mara Forest and Maasai Mara National Reserve in Narok County.
He also demonstrated no regard to the public interest, the interests of the administration of justice and the need to prevent and avoid abuse of the legal process in the execution of his previous office as Director or Public Prosecutions.
And your Petitioner will forever thankfully pray.
Supporting affidavit duly authenticated by S K Kivuva Advocate and Commissioner of Oaths
1a. Photographs of Maasai Community members protesting the grabbing of their heritage by Livingstone Kunini ole Ntutu in September 2006.
1b. Environmental degradation results in soil erosion and floods. Forest destruction aftermath floods in Narok town.
1c. Kenya Confidential September 18, 2006 that exposed Maasai Mara Forest and National Reserve land grabbing aided by Mr Keriako Tobiko as a Lawyer for the grabber and later as Director of Public Prosecutions.
1d. Human lives lost through avoidable causes like Forests destruction that leads to “killer floods” a relatively recent phenomenon wreaking havoc in Narok town
Kenya is the host of the United Nations Environment Program (UNEP) and UN Habitat. UN-Habitat is mandated by the United Nations General Assembly to promote socially and environmentally sustainable towns and cities with the goal of providing adequate shelter for all. That is not what is happening in Narok – a victim of perennial floods as a result of Maasai Mara Forest destruction.
Kenya should never be seen as a Nation that rewards those who devote their professions to environmental degradation and subversion of justice with cabinet positions.
2. Tobiko Negligence and Abuse of Office of Director of Public Prosecutions
Kenyan Constitution, Chapter Nine, Part 4, Article 157 provides:
Article 157: Director of Public Prosecutions
(1) There is established the office of Director of Public Prosecutions.
(2) The Director of Public Prosecutions shall be nominated and, with the approval of the National Assembly, appointed by the President.
(3) The qualifications for appointment as Director of Public Prosecutions are the same as for the appointment as a judge of the High Court.
(4) The Director of Public Prosecutions shall have power to direct the Inspector-General of the National Police Service to investigate any information or allegation of criminal conduct and the Inspector-General shall comply with any such direction.
(5) The Director of Public Prosecutions shall hold office for a term of eight years and shall not be eligible for re-appointment.
(6) The Director of Public Prosecutions shall exercise State powers of prosecution and may–
(a) institute and undertake criminal proceedings against any person before any court (other than a court martial) in respect of any offence alleged to have been committed;
(b) take over and continue any criminal proceedings commenced in any court (other than a court martial) that have been instituted or undertaken by another person or authority, with the permission of the person or
(c) subject to clause (7) and (8), discontinue at any stage before judgment is delivered any criminal proceedings instituted by the Director of Public Prosecutions or taken over by the Director of Public Prosecutions under
(7) If the discontinuance of any proceedings under clause (c) takes place after the close of the prosecution’s case, the defendant shall be acquitted.
(8) The Director of Public Prosecutions may not discontinue a prosecution without the permission of the court.
(9) The powers of the Director of Public Prosecutions may be exercised in person or by subordinate officers acting in accordance with general or special instructions.
(10) The Director of Public Prosecutions shall not require the consent of any person or authority for the commencement of criminal proceedings and in the exercise of his or her powers or functions, shall not be under the direction or control of any person or authority.
(11) In exercising the powers conferred by this Article, the Director of Public Prosecutions shall have regard to the public interest, the interests of the administration of justice and the need to prevent and avoid abuse of the legal process.
(12) Parliament may enact legislation conferring powers of prosecution on authorities other than the Director of Public Prosecutions.
In so far as administration of justice is concerned, I was a victim of abuse of legal process, abuse of discretion, unreasonable delay and failure to act in discharge of a statute duty imposed under the law upon then Director of Public Prosecutions Mr Keriako Tobiko
- Tobiko allowed Police to abuse his Prosecution Powers
In an obvious case of Abuse of Office Mr Keriako Tobiko allowed a police officer most likely driven by endemic corruption within the police ranks to persecute innocent Kenya citizens for four long years.
The time we spent attending Court amounted to jail term, trauma and loss of opportunities while on malicious trial.
- Our Charge Sheet
The Charge Sheet is defective as it indicates the was a Police Case /407/2012 to appear in Court on December 10, 2013 ( a year later) that was received at Makadara Court on November 10, 2013, some 18 days before the alleged offence was committed. OB Number is not shown.
- Our letter to Tobiko on Malicious Prosecution
RE: MALICIOUS ARREST, DETENTION AND CHARGES ON FALSEHOODS:
We, the undersigned are, with great humility, seeking your intervention on a matter of we consider to be grounded on (a) Abuse of Office, (b) Conspiracy to Abet and Commit Crime (c) Attempt to Subvert Justice and (d) Conflict of Interest by the Officer Commanding Buru Buru Police Station, Mr Johnstone Matoke.
We are facing a of charge of having “willfully and unlawfully damaged (destroyed) a fence valued at Ksh 39,000 (Thirty Nine Thousand, six hundred only) the Property of Pink Court.” We first appeared in court on December 10, 2013 and made an appearance on December 23, 2013.
We appeared before a Makadara Court yesterday March 18, 2014, for the hearing of the case but the hearing did not proceed because the prosecution said there were amendments to be made to the charges. We were not informed of the nature of the new charges or when they arose.
Suffice to say ample evidence from the attached part of witness statements clearly show that the charges we are facing are based on fabrications and falsehoods by the complainant a Mr Alex Oloyo Omungara and his witnesses who should have been charged with the offence of giving false information to public officers.
We did not write to you earlier because we did not wish to appear as if we were obstructing justice on a sub-judice matter.
It is clear to us now that Buru Buru OCS, along with the complainant and the witnesses, intends to use the oppressive pre-New Constitution era methods by the police of arbitrary arresting people, detaining them without informing them why they were arrested and charging them without any caution, as it happened to us. The victims of police physical and psychological brutality would then be paraded in courts for long periods before withdrawing such cases or entering nolle prosequi.
By the time of withdrawal the innocent victims will have suffered the irreparable humiliation of arrest, detention and court appearances, but the police and the false accusers would be happy they meted out their desired punishment. Many innocent Kenyans lost money on advocates, valuable time and their businesses suffered – some ended up in bankruptcy.
Sir, we would like to know whether Buru Buru Police sought advice and or permission from your office to charge us and take us to court on what we believe is a charge driven by false information, malice and attempts to cover up Public Nuisance illegalities. We are convinced that no meaningful investigations were conducted and the police acted under reasons other than pursuit of justice perhaps under the influence of financial compromise.
A scrutiny of attached witness statements and letters written to the Independent Police Oversight Authority (IPOA) reveals the depth of the rot at Buru Buru Police Station. The IPOA and Inspector General of Police office have conducted investigations into this matter that could be useful to your office.
Meanwhile we propose that Mr Johnstone Matoke should be investigated for the following:
- Abuse of office:
He maliciously ordered malicious arrest, detention and charging of innocent people after being ordered by a civilians Alex Oyolo Omumgara and Evans Kamau Macharia, who both admit calling him and asking for police officers in statements to the police. The arrests were made without any investigation to ascertain those responsible for the alleged offense. Indeed, the two say they personally identified who was to be arrested.
Mr Matoke was fully aware that one of those singled out for arrest and who was dragged from his business premises along with his wife Mr Genesio M’puthia had only one week earlier complained in a letter to the police that Alex Omungara was threatening his life and harassing his family.
Mr Matoke did not cause any investigation into the serious claims but instead sent his hit squad to brutalize Mr M’puthia alongside his wife and in breach of Children’s Protection Law, and subjecting the young children, aged between 6 and 3 years, to psychologically torture after they were left without parental care for a whole night and day.
Mr Matoke initially denied Mr M’puthia a police P3 to document assault by a police officer and even when one was availed after the OCPD intervention, no action has been taken against the offending policeman close to four months since the incident.
The OCS also ordered the arrest, detention and charging of Mr Blamuel Njururi, a veteran journalist when he went to inquire why the young couple had been arrested. Indeed, at the suspects inspection parade at 11 am on November 29th, Mr Matoke asked Mr Njururi, “Mzee kama wewe unakwenda kufuja ukuta ya wenyewe kwa nini? (How does an old man like you go about destroying other people’s fence? That means he had already made up his mind even before conducting investigation or had colluded on charges to be preferred with his paymasters for a job well done.
When Mr Njururi introduced himself and informed the OCS that he was a journalist and asked for his name, he retorted; “ Unakaa Buru Buru na hunijui? Mimi naitwa OCS.” – reminiscent of the Deputy Chief justice and the guard.
- Conspiracy to abet and commit offenses:
Mr Matoke allowed or hired out his officers to go and supervise the willful obstruction of a County of Nairobi access road linking Buru Buru County Estate with Harambee and Uhuru estates through Pink Court.
Mr Omungara says in his statement to the police that they requested for the officers who supervised the erection of a metallic sheets barrier across the access road instead of a “Temporary barbed wire fence with a gate” as had been authorized by the County government in the letter he quotes as authority to block the access road.
The willful obstruction of the access road is a Public Nuisance County of Nairobi bylaw breach. The temporary fence was to be removed on February 11th 2014, which it has not been and continues to stand in breach of the bylaw.
- Attempt to Subvert Justice:
After realizing that his actions in this matter were actionable the OCS tried to use local Chief Mr Masinde (Tel: 0723222250) to get Mr M’puthia and his wife to negotiate a withdrawal of the case but I advised them against it. That way he would purport to clear his malicious guilt.
He made it impossible to get OB abstract report after ripping off pages from the Occurrence Book into which our arrest was recorded on November 22, 2013. The available OB starts with records of November 29th, 2013 but clearly shows the preceding pages were torn off.
That has denied us the benefit of what police recorded in the OB and names of arresting officers. We have also been denied police officers’ statements even with a Court order.
- Conflict of interest:
Within the Buru Buru County estate and its neighbourhood, it is public knowledge that Mr Matoke has a relationship with a lady living in the Pink Court where Mr Omungara is chairman. The lady, (name withheld) was allegedly introduced to the OCS by Mr Omungara – a fellow Luhya tribesman.
Does that relationship blind the OCS of his public duty in preference to his personal exploits to the extent that he takes orders from a civilian Mr Omungara, who refers to himself as “Serikali” and calls Buru Buru police officers his “German Shepherds”?
Is that relationship the reason why the OCS cannot investigate Mr Omungara when he threatens other people’s lives?
Besides being brutalized by Mr Matoke’s police officer, Mr M’puthia was attacked by armed men at his business premises on February 14th 2014. He was denied a P3 by the OCS when his report was booked under OB No 88/14/02/014, and told to go and get one from Mama Lucy Kibaki Hospital where he was treated after the attack. (Police have refused to investigate M’puthia’s attack and numerous verbal abuses by a witness against him Evalyne Agutu.)
Sir we wish you Good Health and God’s Guidance, Strength and Wisdom in the execution of the heavy burden on your shoulders to fight Corruption, Criminal Elements and Abuse of Office. The social evils popularly referred to as impunity that has stripped Kenya, our Motherland, of her pride by public officers, robbed of her wealth by corruption and denied her the opportunity to be the land of milk and honey, where her citizens would live in Liberty, Peace and Prosperity.
Millions of Kenyans are looking upon you to change their lives and the course of history for our Motherland to a Nation of Plenty and a Haven of Social Justice.
Esther Wairimu Genesio Mputhia Blamuel Njururi
- Tobiko’s Office Response signed by Senior Assistant Director of Public Prosecutions Alloys O. Kemo, for Director of Public Prosecutions.
- Reminder to Buru Buru OCS to forward Police File and Report on Investigations that led to our trial
Three letters asking for the case file and report of investigations done were ignored by OCS Johnstone Matoke
March 22, 2017
Mr Keriako Tobiko
Re: Malicious and selective prosecution based on falsehoods – Criminal Case 5823/2013
After four long years of facing malicious prosecution, which is still going on, clear evidence was yesterday given by the an arresting officer as Prosecution Witness that I was never was at the scene of alleged crime and he had never seen me before yesterday. He identified the couple charged along with me as the two people a team of three police officers arrested on November 28, 2013.
Further evidence of malice is contained in the Police Occurrence Book (OB), I had applied to be produced in court after Buru Buru Officer Commanding Police Station (OCS) notorious Johnstone Matoke ordered his officer to deny me its abstract for years.
The OB 76/28/11/2013 at 20.50 hrs states: “PRISONER IN: Under the instructions of the OCS, I PC Kipkalis do book in the BRAMWEL NJURURI to be charged for the offence of malicious damage vide OB 71/28/11/2013.”
OB 71/28/11/2013 five entries ahead of mine, is under which the young couple, that made a distress call to me, were booked for the same offence after maliciously being implicated by some prosecution witnesses who have deliberately given false evidence under oath repeatedly guided by your prosecutor.
The OB 76/28/11/2013 entry explains why OCS Matoke never submitted to your office the case file and investigations report before my arrest and charges that I face today as severally requested by your deputy Mr Kemo. Matoke told Makadara Court that he never received any such requests from your office. Your representative at Makadara Courts told me the police file could not be forwarded on “a request from a woman junior to her”.
I have complained in the past with letters delivered to your office on June 2, 2016 in hard copy. Another copy was brought on June 22, 2016.
As I have said before, it is surprising to see the speed at which you and IPOA’s Njeru rush to attend to matters of the dead reports (RIP) while you ignore the cries of the living facing persecution by the same police you seek to take action against.
I was arrested on November 28, 2013, for going to a Buru Buru police station to see a young couple that had been arrested in my capacity as a journalist to inquire reasons for their arrest and their three young children left without care.
I diarrhoreahed blood for three days after release and had to seek specialised treatment.
I was subsequently maliciously and selectively charged along with the couple in a case that has dragged with witnesses telling falsehoods in court aided and coached by a prosecutor from your office.
OCS Buru Buru refused to forward the case file and report on investigations done that led to the arrests and charges when requested by deputy director Mr Kemo. Apparently that is of no concern to your office when police exhibit such impunity to the Rule of Law and principle of Fair and Just Trial since 2014 when I complained to your office.
I would like to know why your prosecutor should convert himself into investigations police officer, scene of crime photographer and counsel to the witnesses assisting them to
give false evidence under oath that contradicts their statements they made to police without any question contrary to the Penal Code.
How do we know we shall not be executed when we sue Matoke along with his collaborators, which we intend to do when this malicious case is settled even if it gets to the Supreme Court?
Will that be the point at which your office and IPOA will act? Why is OCS Matoke allowed to behave as if he is Law unto himself?
My last letter to Tobiko
email@example.com – email to Mr Tobiko’s Secretary
August 15, 2017
Mr Keriako Tobiko
Director of Public Prosecutions
P O Box 30701 00100
RE: MALACIOUS ARREST, DETENTION & PROSECUTION
I humbly request you for an appointment over malicious, arrest, detention and prosecution by Buru Buru Police Station OCS Johnstone Matoke.
The OCS ordered for my arrest on November 28, 2013 when I went to answer a distress call from a young couple that had been arrested on allegations of damaging a gate blocking Buru Buru Court in City Council Estate of Buru Buru leaving their three young kids without parental care. See attached OB record extract.
I subsequently raised the matter with tyour office and under Ref: ODPP/CAM/2/397 your Snr. Assistant Director of Public Prosecutions Mr Alloys 0 Kemo wrote to Buru Buru Police
station OCS requesting for the case file and report of investigations. The OCS did not respond.
Two reminders were sent, the third one through the DCIO, who confirmed to me he passed it on to the OCS through the OCPD, but still Mr Matoke did not respond.
Instead he came to court after almost a year later to tell the Magistrate’s Court that he never got any letters from your office and the case should be prosecuted. Mr Kemo decided to wash his hands of the case not to be seen as if he had personal interest when I informed him that the ODPP Prosecutor at Makadara said she would not act on letters from her juniors.
The Court was fed with lies and even when Arresting Officers said they never saw me at the scene of crime, the Magistrate today ruled I was there and I have a case to answer. That came after my lengthy and elaborate written defense submission.
Kindly give me an opportunity to present to you evidence of the Magistrate allowing open abuse of judicial process.