Lobbying in top gear as Kibaki, Raila meet over Wako successor

Movements to replace Attorney-General Amos Wako begin in earnest this week when President Kibaki and Prime Minister are scheduled to meet over the matter.

A senior adviser at the Prime Minister’s office who spoke to the Sunday Nation on Saturday on the cover anonymity because he is not authorised to discuss the matter said that the two principals are expected to meet tomorrow to discuss concerns over delay in implementation of the new Constitution, the refugee condition in the country and Mr Wako’s replacement.

Under the new Constitution, Mr Wako is required to leave office by August 27.

Mr Charles Nyachae, the chairman of the Commission on Implementation of the Constitution, has already asked Mr Wako to leave over allegations that he has been an impediment to the process.
“The AG should have left immediately we enacted a new constitution. The only value of him staying on for a year was to assist in its implementation but now that he has become an impediment one finds it difficult tell why he should continue in office,” says Mr Nyachae.
Justice minister Mutula Kilonzo is also of the view that the appointment of a new Attorney-General was long overdue.

Five top lawyers are being mentioned as possible successors of Mr Wako, amid lobbying and jostling for advantage.

They are Prof Githu Muigai, a scholar, former Justice and Reconciliation commission deputy chief Betty Murungi, former Law Society of Kenya chairperson Fred Ojiambo, former Director of Public Prosecutions Philip Murgor and Nairobi lawyer Stephen Mwenesi. Prof Muigai was in February nominated by President Kibaki for the post.

However, the High Court and Parliament declared the President’s move unconstitutional following arguments that Prime Minister Raila Odinga had not been consulted.

An operative in the Office of the President yesterday told the Sunday Nation that Prof Githui remained the President’s candidate “more than 100 per cent.”

“But I gather that some of his advisers have suggested to him that he can pick on a judge of the High Court who unsuccessfully applied for chief justice,” said the Harambee House operative.

Prof Githu’s candidature is emboldened by his perceived warm relationship with Prime Minister Uhuru Kenyatta and Eldoret North William Ruto. The two politicians wield influential support in Parlaiment which saw their allies push through Mr Keriako Tobiko as director of Public Prosecutions despite strong objections over integrity.

However, the source said that Prof Githu’s selection might be complicated by the recent appointment of General Julius Karangi as Chief as General Staff.

The argument is that the President could face a backlash with accusations of appointing members of one community to critical state positions.
There are strong indications that nomination a candidate to the position would be a delicate balancing act and compromise of political, party and tribal considerations between the two principals.

Women leaders and members of civil society have thrown their weight behind Ms Murungi. They argue that since the posts of Chief Justice and DPP are occupied by men, the AG should be a woman.

Maendeleo ya Wanawake Organisation chairperson Rukia Subow and Ms Naomi Wagereka, of the federation of Kenya women lawyers (Fida) have supported Ms Murungi’s candidature.

Former Attorney-General Charles Njonjo, an ally of Mr Odinga, has endorsed Ms Murungi, saying she was principled and a good legal mind in international criminal law.

Ms Murungi’s name would most certainly generate heat in Parliament following comments attributed to her to the effect that a number of MPs were gay.

At the height of an acrimonious debate on the nominations, Mr Odinga told Parliament that he had suggested Mr Ojiambo’s name.

However, his critics accuse the former LSK chairman of being anti-reform and the new Constitution.

In the run-up to the July 2010 law referendum, the eloquent lawyer preached against the new Constitution at the Nairobi Baptist Church where he is an elder. Mr Ojiambo’s said that the proposed was not only a threat to sanctity of the Christian faith but also allowed abortion.

There also enduring questions about his reform record at the LSK during the clamour for multi-party democracy. His critics accuse him of showing sympathy for the Kanu regime while his peers such as Safina leader Paul Muite were at the forefront in the push for multi-party democracy.

In a highly tribalised political environment, there is debate that two members of the Mr Mwenesi and Mr Ojiambo’s Luyhia community have secured two slots in the justice sector. These are deputy chief justice Nancy Baraza and Dr Smoking Wanjala, a judge of the Supreme Court.

Mr Murgor was kicked out of the State law office in an unclear circumstance in 2005. But the former DPP who was criticized for entering a nolle prosequi in the Tom Cholmondrey case has always maintained that he was fired for taking a firm stand against drug peddlers.

Last month, MPs ignored his testimony advising against the appointment of Mr Tobiko before a parliamentary committee.