Groups want court to bar Kibaki nominees

The controversy over the judicial appointments made by President Kibaki has found it’s way to the High Court.

Eight non-governmental organisations are asking the high court to give an order restraining any organ of state from carrying on with the process of approval and eventual appointment to the offices of Chief Justice, Attorney-General and Director of Public Prosecution.

Reason? The organisations believe the nominations done by the President on January 28 are unconstitutional. President Kibaki nominated Mr Alnashir Visram as CJ, Prof Githu Muigai as Attorney General, Mr Kioko Kilukumi for DPP and William Kirwa as controller of budget.

According to the organisations, the manner in which the President made the nominations in total disregard of provisions of the constitution requiring consultation and consideration of gender equity is likely to bring disunity in the country.

And anything that causes disunity needs to be stopped.

The group urged the judge to rise up to the occasion stamp his authority and uphold the supreme law of the land by granting a temporary order halting the process of key appointment.

“My lord the matter before you raises question of violation of constitution. Such violation should not be allowed to stand a moment longer,” said lawyer Ongoya representing the group.

The organisations told the court that the nominations in question set a dangerous precedent and stand out as rodents eating at the very roots of the constitutionalism and the rule of law that ought to be safeguarded by the constitution.

"There is real danger that organs like the National Assembly may be buoyed by the President’s unconstitutional act and approve the same hence set in motion foundations of blatant disregard for constitution."

And as a result, they are asking the court to move with speed as a custodian of the majesty of the constitution.