Speaker declares Kibaki nominees void

National Assembly Speaker Kenneth Marende has ruled that the controversial nominations of four Kenyans to top State jobs were unconstitutional.

In a ruling, Mr Marende said President Kibaki did not follow the law in nominating Mr Justice Alnashir Visram to be Chief Justice, Prof Githu Muigai (Attorney General), lawyer Kioko Kilukumi (Director of Public Prosecutions) and William Kirwa as Controller of Budget.

He said that President Kibaki did not carry out consultations as required by the Constitution and the National Accord.

The Speaker ruled that the President and Prime Minister Raila Odinga should go back to the drawing board and come up with a new list of nominees to the four positions.

Immediately after the ruling, PNU MPs convened a news conference in Parliament where they condemned the Speaker's ruling and indicated that they will contest it.

The MPs, who were led by Cabinet ministers Uhuru Kenyatta, Kiraitu Murungi and Sam Ongeri, accused Mr Marende of being a partisan player.

But in a swift rejoinder, ODM MPs Millie Odhiambo, Rachael Shebesh and Elizabeth Ongoro dismissed the threat and said they were happy with the ruling.

"MPs are disgruntled and want to play politics with the constitutional implementation process," they said.

Read proceedings that led to Mr Marende's ruling below:

18: 45 Mr Marende tells Parliament that MPs should wait for the names of nominees drawn within the confines of the constitution.

18: 43 BREAKING NEWS: Marende declares Kibaki nominations unconstitutional.

18: 42 Mr Marende rules that the nominations are unconstitutional and no House Committee can remedy the matter.

18: 41 Appointments are required to be made by the President according to the National Accord in consultations with the PM and approval of the National Assembly.

18: 39 The constitution expressly provides that the President shall make the appointments but subject to a rider.

18: 37 Mr Marende says that the consultation needed in this case was one of compromise.

18: 36 He says the consultations required by the two principals is guided by the National Accord and he has not found such comparison within the Commonwealth.

18: 34 Mr Marende says that the constitutionality of the nominations centre around whether the President and the PM consulted.

18: 33 MPs alert the Speaker that it is 6.30 pm and the House should rise but he pleads for their indulgence.

18: 32 Mr Marende says the National Accord is anchored in the Constitution and provides for real power sharing.

18: 30 He reminds MPs about the impasse of picking a Leader of Government Business after both President Kibaki and PM Odinga chose different persons.

18: 27 The Speaker tells Parliament that constitutional provisions require consultations between the principals according to the Constitution and the National Accord.

18: 25 He says that the notion that the this criteria was ignored is a valid one.

18: 23 Mr Marende says that the nominations should have contained a memoranda outlining how the issue of gender balance and equity was addressed.

18:26 He says he is persuaded to believe that the JSC should have played a role in the nomination of the CJ.

18: 23 Mr Marende says that a ruling by the Chair that a motion may proceed does not rule out the question of the constitutionality of the nominations arising in the course of debate,.

18: 21 He says the matter has progressed in such a manner to make it of grave national importance and the time has come to make hard decisions.

18: 19 The Speaker says his opinion is important for a motion to be properly before the House.

18: 18 He says that it was not unconstitutional for a judicial officer to be nominated for the position of CJ without vetting.

18: 16 Mr Marende says that there was no motion before the House at the time of Imanyara's request.

18: 14 He says that he is in a position to rule on four issues.

18:13 Mr Marende says he has had the benefit of perusing the reports of the two House Committees.

18: 11 He reminds the House that the Judge had ruled that no other State organ could take the process of nominating the individuals forward.

18: 09 The Speaker says the Judge found that the constitution was violated in making the nominations.

18:07 Mr Marende says that the court ruling that the nominations were illegal while not binding to Parliament could have a future effect.

18: 05 He says the position of the bodies are of real persuasive value.

18: 04 Mr Marende says he has now had the benefit of consulting materials relevant to the matter, including the positions of the JSC, CIC and the LSK.

18: 01 He says the other issues included: whether the PM and President Kibaki consulted, what is the measure of consultations, whether Parliament was properly seized of the matter and whether gender balance and equity was adhered to.

17:59 He says that he disposed of two of the issues: that a vote of the House could not determine the legality of the nominations and that he was competent to rule over the matter.

17: 56 Mr Marende says that from Mr Imanyara's presentation he alienated ten issues for his consideration.

17: 55 He says Mr Imanyara claimed that Prime Minister Raila Odinga was not consulted and therefore the nominations were unconstitutional.

17: 53 Mr Marende says Imenti Central MP Gitobu Imanyara had urged him to find the nominations of the CJ, AG, DPP and the Controller of Budget had contravened the constitution.

17: 51 He says that he will rule on whether the motion will be allowed and indeed on that of the Justice and Legal Affairs team.

17: 50 The Speaker tells the MPs that motion on debating the Okemo report needs his approval before the House ventilates on it.

17: 47 He says that while the Okemo report was tabled the Ababu team did not meet its deadline, but he reveals that he received the report Wednesday.

17:45 The wait is over. Mr Marende is making his ruling.

17: 38 More MPs seek ministerial statements. The long wait continues.

17: 33 Mr Marende calls to an end the matter....

17: 30 Prof Saitoti says he needs to consult with other state organs including the PM's office and report back to the House in a week.

17: 18 Mr Kabogo further pokes holes into the report questioning the line that he is married to Mr Mwau's daughter.

We still await the time when Mr Marende will make his ruling.

17:07 Mr Joho says the report speaks for its self and there is no need for it to be labelled interim.

17: 04 MPs demand to be told the status of businessman Ali Punjani, who has also been linked to the illicit trade.

17:00 Prof Saitoti says according to the interim report, there is no evidence to link Mr Kabogo, Mr Joho and Mr Mwau to the drugs trade but the probe is ongoing.

16: 52 Narok North MP William Ole Ntimama says that the report has found nothing so far, but this is subject to change. His remark draws peals of laughter from the honourable members.

16: 49 Mathira MP Ephraim Maina stands on a point of order to say that it is public knowledge that the President has only one wife.

16: 47 Mr Kabogo says Prof Saitoti is protecting some individuals named in the dossier prepared by US ambassador Michael Ranneberger and names the "President's second wife" as one of the alleged peddlers.

16: 43 The minister says once he has tabled the report it is upon Parliament to debate it and decide whether to amend, reject or adopt it.

16:42 Prof Saitoti response is interrupted by Mr Mwau who questions the kind of drugs he is alleged to peddle: bhang, heroine.

16:35 He tells the House that due to the complexity of the probe, the police needed more time and he only tabled an interim report since he had promised to do so in a month's time.

16:32 Prof Saitoti says he directed the Commissioner of Police to carry out thorough investigations.

16:29 Mr Mbuvi declines and he is consequently ordered to leave the debating chamber.

16:28 Mr Marende rules him out of order and asks him to withdraw his remarks since there is no substantive motion.

16: 27 Mr Mbuvi also protests his innocence after also being listed as among suspected Kenyan drug barons. He says sons and daughters of cabinet ministers are involved in the trade.

As soon as reactions to the drug report are over, Mr Marende will make his ruling on President Kibaki's nominees.

16: 22 Mr Joho says the police have found no evidence against himself.

16: 20 Mr Mwau demands an apology saying his name has been tarnished by newspaper reports depicting him as a drug peddler.

He absolves himself from any blame and challenges the police and Prof Saitoti to use government machinery to prove otherwise.

16: 16 Mr Mwau says the allegations touch on the integrity of the House and on the persons of those mentioned as suspects since they also have families.

16:14 Mutito's Charles Kilonzo says while the minister had assured of tabling a comprehensive report he had not done so.

16: 12 Gichugu MP Martha Karua says the matter is of great national importance and investigations should be thorough.

16: 10 Kuria MP Wilfred Machage says that it is not in order for the House to discuss the conduct of an MP without a substantive motion.

16: 07 The Juja legislator says there is no evidence linking him to the illicit business. He says the government is using him and other suspects as leverage to get the US support to defer cases facing the Ocampo Six.

16: 05 Mr Kabogo takes to the floor to seek clarification on the minister's statement.

In December, Prof Saitoti linked MPs Gidion Mbuvi (Makadara), William Kabogo (Juja), Ali Hassan Joho (Kisauni) and Harun Mwau (Kilome) to the drug trade.

16: 00 He tables a report and chronicles the events that preceded the probe.

15: 58 Prof Saitoti tells the House that he had promised that the police would conduct speedy investigations into the affair.

15: 55 Internal Security minister George Saitoti rises to make a statement relating to the drugs trade. Juja MP William Kabogo had questioned why the minister had listed him as one of the suspects of the illicit trade.

15: 50 Question Time comes to an end.

Earlier, the chairman of the Justice and Legal Affairs Committee Ababu Namwamba tabled the report on the nominations of Mr Justice Alnashir Visram to be Chief Justice, Prof Githu Muigai (Attorney General) and lawyer Kioko Kilukumi (Director of Public Prosecutions).

Mr Marende then indicated that he will issue a Communication from the Chair over the matter.

It was hoped that two House departmental committees would resolve the deadlock over the nominations but sharp differences broke out based on political loyalties to either President Kibaki’s or Prime Minister Raila Odinga

15: 40 National Assembly Speaker Kenneth Marende is expected to issue his ruling on the fate of nominees to four key constitutional offices