Kibaki names new Chief Justice as ODM protests

• Coalition partner says No to nomination of Visram as CJ, Githu Muigai as AG and Kioko Kilukumi as prosecutor

Court of Appeal Judge Alnashir Ramazanadi Magan Visram was on Friday night named Chief Justice to replace Mr Justice Evan Gicheru.

President Kibaki also nominated law professor Githu Muigai to take over from Mr Amos Wako as Attorney General.

The President also proposed Mr Kioko Kilukimi, a Nairobi lawyer for the new powerful post of Director of Public Prosecutions.

The Managing Director of the Agricultural Development Corporation, Mr William Kirwa, was proposed for the new position of Controller of Budget.

But the nominations threatened to divide the government further and provoke a major fight for nomination in parliament after ODM rejected them.

Lands Minister James Orengo protested the nomination of the candidates saying Mr Odinga had not been consulted.

Addressing a swift press conference, Lands Minister James Orengo said that Mr Odinga had advised that the release of the names be delayed awaiting further deliberations by after the two coalition leaders return home from the AU summit in Addis Ababa.

He said that the PM’s position was communicated to the President through Public Service head Francis Muthaura.

“However Mr Muthaura called Mohammed Isahakia (the PS in the office of Prime Minister) yesterday (Friday) afternoon to inform him that the President had made a decision that the names of the nominees be announced.”

The split of the key appointments effectively draws battle lines in Parliament between the President Kibaki’s PNU and Mr Odinga’s Orange movement.

The new Constitution mandates the President to make the appointment in consultation with the Prime Minister.

After identifying their choice, the candidate’s name will be sent to Parliament for debate and approval before the President makes the final appointment.

Another source disputed that Prime Minister Raila Odinga had been consulted before the nominations.

The source who is familiar with the PM’s diary said President Kibaki and Mr Odinga had discussed the subject but not the names. “The names were to be discussed in the next weeks,” the source said.

The PM’s office had been informed of the pending announcement earlier in the day.

With ODM MPs from Rift Valley having rebelled against Mr Odinga and depending with whether the PNU coalition remains united, the vote in parliament could be close.

But the spectre of the matter being bogged down in the courts could delay the process if ODM decides to mount a legal challenge against the nominations.

Earlier, there were expectations that a judge from the Commonwealth would be named as CJ to preside over the transition within the judiciary.