Jobs galore as State seeks office holders

Attorney General Prof Githu Muigai (L): Appointment did not generate a lot of heat this time, though it is said PM Odinga preferred veteran lawyer Fred Ojiambo. Chief Justice Willy Mutunga (R): Search for the new Chief Justice was the most rigorous recruitment exercise for a public official in the country’s history. Photos/FILE

A look at how the Constitution has created new jobs leaves one with a feeling that the document came to resuscitate careers.

People who had spent a big portion of their adult life fighting the government of the day will now sit in huge air-conditioned offices, thanks to the activism that has gripped the appointment of public officials.

Some who served in earlier governments and were destined for retirement have made a comeback, clutching their “experience tags”.

A good number in the private sector were not to be left behind in the rush for the alluring opportunities.

Then there are those who were on the “owed list” by either their political parties or leaders for work done in the 2007 elections.

One of first creations of the new Constitution was the Commission for the Implementation of the Constitution (CIC).

Charles Nyachae, a little known Nairobi lawyer, and son of prominent politician Simeon Nyachae, was appointment chairman in a delicate political balancing act.

President Kibaki and Prime Minister Raila Odinga wanted one of their allies to head it.

A close ally of Mr Odinga, Prof Peter Wanyande was a frontrunner for the job but was dropped in favour of Mr Nyachae, who was picked mainly for his alleged neutrality in the volatile coalition politics.

There was also talk that the President was not keen on having his man chairing the commission and gave Mr Odinga the leeway make his choice. It is said Mr Odinga proposed Mr Nyachae after reportedly consulting the senior Nyachae.

Hotly contested election

Following the imminent departure from office of the Chief Justice, the Judicial Service Commission was appointed in January.

In a hotly contested election, lawyers Ahmednassir Abdullahi and Florence Kajuju were chosen to represent the Law Society of Kenya while Justice Isaac Lenaola and Ms Emily Ominde were elected to represent judges and magistrates, respectively.

Apart from the presidential nomination of former MP Christine Mango and Bishop Anthony Muheria to represent the public, the other commissioners became members, courtesy of their offices.

These were Attorney General Amos Wako and chairman of the Public Service Commission, Mr Titus Gateere.

Bishop Muheria has been replaced by Bishop Samuel Kobia after he resigned.

The commission’s first task was to recruit a Chief Justice who would paradoxically come back to head it.

It is perhaps the search for the new Chief Justice and his deputy that was the most rigorous recruitment exercise for a public official in the country’s history.

It was clear the commissioners were looking for reformers, perhaps the major reason former activists Willy Mutunga and Nancy Baraza emerged tops.

The Chief Justice was not more than a day in office before he assumed his position as JSC chair.

The task ahead was to appoint judges to the first Supreme Court, Court of Appeal and additional High Court judges.

The Supreme Court appointments, which were mired in controversy over gender representation, picked three serving judges, Mr Philip Tunoi, Mr JB Ojwang and Mr Mohamed Ibrahim, activist Ms Njoki Ndung’u and Mr Smokin Wanjala, a former deputy director at the Kenya Anti-Corruption Commission.

The new post of Director of Public Prosecution was also to be filled competitively by the JSC.

It generated a lot of heat, with accusations and counter-accusations flying from former litigants and legal practitioners, most of them aimed at locking out the former deputy of public prosecutions, Mr Keriako Tobiko.

The new post is powerful as it has taken on the duties earlier vested in the Attorney General.

Only this week, law scholar Prof Githu Muigai was nominated the new Attorney General and it is a matter of time before he takes office once approved by Parliament.

Now just a government advisor on legal matters, the position did not generate a lot of intrigues although it is said Prime Minister Odinga preferred veteran lawyer Fred Ojiambo for the job.

The posts of CJ, his deputy and AG are not entirely new jobs in the Constitution, only that the holders will no longer conduct business like their predecessors.

Financial management will also enjoy a new leaf.

First to be created to this end was the Commission on Revenue Allocation. Former Central Bank governor Micah Cheserem beat several other financial gurus to clinch the chairmanship of the commission.

Until his appointment, Mr Cheserem was chairman of stock market regulator Capital Markets Authority.

Several scholars who include Professors Joseph Kimura, Raphael Munavu and Wafula Masai got jobs in this commission.

Other members are deputy chairman Fatuma Abdulkadir, Meshack J. Onyango, Rose B. Osoro and Amina Ahmed

The Controller of Budget is yet another creation of the new laws.

The most significant reason the two offices were created is the huge task ahead that will result in the sharing of resources under the devolved government structure.

The chief executive of the Constituencies Development Fund (CDF), Mrs Agnes Odhiambo, will be the first controller of budget.

She has successfully supervised the fund, at least as per the laid guidelines and was seen to be more appropriate for the office even though she had been beaten by the Kenya Revenue Authority deputy commissioner (domestic tax) John Njira-ini.

For the first time, the Auditor General was publicly interviewed.

The allure of working for the government was so tempting that Mr Edward Ouko left a high flying job at the African Development Bank for the position.

Reforms in security agencies was also key and although the position of Inspector General is yet to be created, the military have had a dive into the reform waters.

The post of Chief of General Staff (CGS) was scrapped and replaced with Chief of Defence Forces.

Then Vice-CGS Julius Karangi was appointed to the position when General Jeremiah Kianga retired last month.