Key judiciary body rejects Kibaki nominees

Judicial Service Commission wants names of nominees to key jobs withdrawn and asks President Kibaki and Prime Minister Raila Odinga to put Kenya first.

The Commission met on Monday and released a statement asking for a fresh start and that the two leaders reconsider their positions.

"In light of the divergent views coming from the principals, we are of the view that the principals need to reconsider their respective positions. There is an urgent need for a rethink of the matter and put the country first. That entails a withdrawal of the nominations and a fresh start," the Commission said in a statement.

President Kibaki on Friday nominated Court of Appeal judge Alnashir Visram to be Chief Justice, Prof Githu Muigai as Attorney General, and Kioko Kilukumi as Director of Public Prosecutions. But Mr Odinga has come out to state that he was not consulted in the nominations as required by law, sparking a controversy.

Under the country's Constitution, the Commission has an oversight role over the justice system. Their rejection was based on the process leading to the nominations and not the suitability of the candidates themselves.

Process

In a statement read by the JSC secretary Lydia Achode in the presence of the other members, JSC said the process of nominating the three had attracted concern and misgivings after the two principals - President Kibaki and Mr Odinga - publicly disagreed over whether consultations had taken place.

"The Kenyan people must start the new era heralded by the Constitution in a right footing," Mrs Achode said.

And for this to happen, the commission said, both the letter and the spirit of the new Constitution must be adhered to.

"There is an urgent need of a rethink and to put the country first," she said.

The JSC position is that the process of filling the vacancies must be legitimate, enjoy public confidence and acceptance.