Kibaki nominees' fate pushed to Tuesday

MPs at a past session in Parliament. The fate of the controversial nominees to top government jobs will now be known on Tuesday after House Speaker allowed more time to two committees to consider evidence February 10, 2011. FILE

The fate of the controversial nominees to top government jobs will now be known on Tuesday.

National Assembly Speaker Kenneth Marende granted more time to the two House committee that are scrutinising the legality or otherwise of nominees to the office of the Chief Justice, Attorney General, Director of Public Prosecutions and the Controller of Budget.

Mr Marende said the Justice and Legal Affairs Committee and that of Finance and Planning had requested more time to consider evidence.

Granting their request, Mr Marende said since the matter was of great national importance it was imperative that the two parliamentary teams take into account all available evidence.

“It is necessary that we accord these committees more time. Note that the matter remains urgent and the whole country is holding its breath and awaits your decision on it,” House Speaker Kenneth Marende said after granting the request.

Finance Committee chairman Chris Okemo made the request on behalf of his team shortly after the House started its sittings Thursday afternoon.

Mr Ababu Namwamba, who chairs the Justice and Legal Affairs Committee, made his request shortly later, saying the team has to plough through voluminous documents in their attempt to resolve the stalemate. 

The Finance Committee will Friday meet William Kirwa, who has been nominated as Controller of Budget, ostensibly to begin the vetting process, as the Justice committee goes on retreat compile their report.

Some members of the Finance Committee appeared to have been unaware they would be meeting Mr Kirwa, as earlier indications were that they would only do so if they determined that his nomination was legal.

There were protests from MPs Jakoyo Midiwo and Shakeel Shabir when Mr Okemo said after their morning session they would be seeking an extension of the time and inviting Mr Kirwa.

“Will he be coming as a witness or as the nominee?” Mr Shabir asked when the announcement was made.

Mr Midiwo urged Mr Okemo to have the media leave the room as the announcements amounted to house-keeping matters, where the Press is normally not allowed.

Mr Okemo had told the Nation on Wednesday evening the team would only meet Mr Kirwa if they arrived at the conclusion that his nomination was within the law.

Yesterday, Justice minister Mutula Kilonzo told the committee the nominations were in breach of the Constitution as the positions had not been advertised.

Mr Kilonzo told the MPs the ministry had prepared gazette notices calling for the advertisement of the posts by October last year.

The idea was jointly rejected by President Kibaki and Prime Minister Raila Odinga in a meeting on January 6, it has since emerged, with the current crisis triggered by their fallout over the nominations.

He said the applications from the advertisement would then have been processed by the Judicial Service Commission, who would then have handed over a shortlist for the two principals to choose from.

“For us as a ministry, it would be wrong for the holders of those positions to be seen to be warming the chairs for political parties,” said Mr Kilonzo.

Mr Kilonzo however sought to discount the notion that a sitting judge would not qualify for promotion to Chief Justice since they have not been vetted.

He said a precedent has already been set with the appointment of Justices Riaga Omollo and Isaac Lenaola and Principal Magistrate Emily Ominde to the JSC without vetting.

“You can’t lock out Justice (Alnashir) Visram from nomination because as a House we have set that precedent,” said Mr Kilonzo.

He also opposed the idea that a foreign judge should head the Judiciary, saying Kenya has enough qualified lawyers and judges that would serve in that capacity.

Mr Kilonzo said advertisement would be important to ensure public participation as it is important to restore public confidence in the Judiciary.

“You’re getting an architect, somebody who will restructure the Judiciary so that, with all due respect, somebody like Louis Moreno Ocampo does not have to set foot in Kenya,” he added.

He said a dispute resolution mechanism prepared by the Justice ministry, which also sets out provisions on consultation, is yet to be approved by ODM and PNU three years after it was given to them.

On Wednesday, both President Kibaki and Prime Minister Raila Odinga's aides impressed upon the MPs to rule in favour of their respective camps. (Read: Parliament awaits ruling on Kibaki-Raila row).

The Namwamba team is taking submissions from interested parties including the Commission on Implementation of the Constitution over the nominations of Court of Appeal Judge Alnashir Visram to serve as the next CJ, lawyer Githui Muigai (AG) and lawyer Kioko Kilukumi (DPP).

The row was sparked after President Kibaki made the nominations to the four constitutional offices only for Mr Odinga to dispute the process saying he was not consulted. (Read: Why I reject new Chief Justice).

The two committees were handed the task by Mr Marende, who declined to rule on the constitutionality of the list of nominees submitted by President Kibaki last week.