Lawmakers to discuss JSC nominees

The names of Dr Willy Mutunga (left) and Nancy Barasa (centre) for Chief Justice and Deputy Chief Justice respectively and Keriako Tobiko (right) for Director of Public Prosecution were submitted to Parliament by President Kibaki. Photos/FILE

MPs meet on Wednesday in an informal gathering to decide the way forward in the vetting of three nominees to the Judiciary and State Law Office.

The process has been in limbo as a result of leadership troubles in the Justice and Legal Affairs Committee, which is responsible for handling such constitutional matters.

MPs will be called upon to decide on the route Parliament will take to ensure the nominees for the posts of Chief Justice, Deputy Chief Justice and Director of Public Prosecutions - Dr Willy Mutunga, Ms Nancy Baraza and Mr Keriako Tobiko respectively - are considered by the House.

The House Business Committee, which sets Parliament’s agenda, met on Wednesday night and resolved that the matter be placed before MPs on Thursday, the day Speaker Kenneth Marende had hoped the names would be discussed and the matter concluded by the House.

Mr Marende had last week directed the “relevant” committee to move with speed and consider the three nominees, which would include interviewing them, and table the report.

The relevant committee in this case should have been the wrangle-ridden Justice Committee, whose operations have been brought to a halt since the rejection of chairman Ababu Namwamba (Budalang’i, ODM) by most members.

On Thursday, the MPs will have at least two options to consider. They may decide to form a special committee whose task will be to vet the names and give their report to the House.

The MPs could also resolve to bypass the committee and have the names brought directly before the House, where they will be debated and approved or rejected.

The proposals will however have to be brought before Parliament for formal approval.