Rift looms over appointments

A fresh rift has hit the coalition government after the Orange Democratic Movement threatened to ask its ministers to boycott Cabinet meetings.

This was after President Kibaki replaced Cabinet Secretary Francis Muthaura with Internal Security PS Francis Kimemia without consulting Prime Minister Raila Odinga.

Sources close to Mr Odinga said the party could also take up the decision following what they claimed was failure by President Kibaki to consult the PM before appointing a ten-member legal team on matters of The Hague and a tribunal to investigate Deputy Chief Justice Nancy Baraza. (READ: Raila protests team set up to analyse ICC ruling)

Lands Minister James Orengo said that was in total disregard of a partner in the coalition who is supposed to be sharing power equally.

Joint government Whip Jakoyo Midiwo said Mr Muthaura’s position cannot be filled without consultation.

“It is a high position touching on the Cabinet which has to be filled through consultation. We don’t accept it,” he said.

The reactions from ODM came as the Supreme Court started hearings in a suit lodged by the Commission for the Implementation of the Constitution seeking a legal opinion on the consultation between the President and Prime Minister on appointments.

The Constitution requires that such appointments be made in line with the National Accord and Reconciliation Act which requires the two principals to consult.

Elsewhere, Deputy Prime Minister Musalia Mudavadi yesterday opposed calls to have Mr Uhuru Kenyatta and Mr Muthaura quit their offices after the judges in The Hague confirmed their cases on crimes against humanity in connection with the post election violence.

He urged Kenyans to allow the two top officials time to decide and make independent decisions whether to resign or not adding that forcing them to resign is to interfere with individual rights protected by the Constitution .

He said the judicial process should be allowed to take place.

The Local Government Minister, who was addressing ODM delegates from Nandi County at Edens Spring Hotel in Kapsabet, said both sides of the coalition needed to respect the accord and work together and warned that important national issues should not be seen to be handled by PNU without an input from the ODM Party since the two are in one government.

However, he said that President Kibaki should not have rushed into appointing a legal team, but should have allowed the Cabinet sub-committee on ICC to deliberate and give directions.

He defended statements by Mr Orengo and minister Jeffah Kingi, who took issue with the President for directing the AG to appoint a team to advice on the confirmations.