The Speaker takes charge on fate of Kibaki nominees

The fate of the three judicial officers proposed by President Kibaki is now in the hands of House Speaker Kenneth Marende.

Mr Marende declared that he will on Thursday rule on the legality of the nominations at the conclusion of heated arguments between MPs supporting the President and those backing Prime Minister Raila Odinga’s protest that he was not consulted.

“This is a matter of great national importance. I have the jurisdiction and locus standi to intervene in this matter,” Mr Marende said.

It will be the latest in a series of disputes between President Kibaki’s PNU and Prime Minister Odinga’s ODM where Mr Marende has been called upon to arbitrate.

This time, even Justice and Constitutional Affairs Minister Mutula Kilonzo said gender balance had not been observed.

The highlight of the debate in Parliament yesterday afternoon was the rare airing of what went on behind closed doors between President Kibaki and Prime Minister at a series of meetings going back to early December.

Vice-President Kalonzo Musyoka kicked off the issue when he provided a lengthy account of the deliberations in an effort to prove that Mr Odinga was fully consulted before President Kibaki last Friday released the list of nominees for Chief Justice, Attorney-General, Director of Public Prosecutions and Controller of Budget.

The VP told an attentive House that Mr Odinga, who had left for Addis Ababa that day, ignored telephone calls from the President intended to conclude the matter.

Mr Odinga, while confirming that there had been some discussion between him and President Kibaki on the appointments, said no agreement had been reached.

He said he had suggested that a judge from the Commonwealth be appointed given that all the Kenyan ones would have to undergo vetting.

“The President said, and I’ll use his own words, ‘Yes. That’s a very good idea. However, we can look at those we have locally who have merit and we’ll be seen to have awarded merit’,” Mr Odinga said.

He disputed Vice President Kalonzo Musyoka’s assertion that he had suggested Justice Riaga Omolo for Chief Justice, saying the name came from a list provided of judges based on seniority.

Vice-President Kalonzo Musyoka had earlier given another version where he said the two first discussed the appointments on December 16 last year and later on January 6 and on January 27 this year.

He said it was after waiting for three hours on the last day and after failing to contact the PM while he was in Addis Ababa, that the President made the appointments.

Imenti Central MP Gitobu Imanyara initiated the debate when he asked Mr Marende to make a ruling on the matter suggesting the nominations were unconstitutional.

On Friday, President Kibaki proposed Court of Appeal judge Alnashir Visram as Chief Justice in place of Mr Justice Evan Gicheru, who is required by law to vacate the office by February 27.

The President also nominated law professor Githu Muigai as Attorney General in place of Mr Amos Wako and Mr Kioko Kilukumi to the new powerful post of Director of Public Prosecutions.

He also named the managing director of Agricultural Development Corporation, Mr William Kirwa, to the new post of Controller of Budget.
His nominations were immediately opposed by ODM, which said no consultations with the PM had taken place.

Outside Parliament on Tuesday, lawyers held a demonstration to oppose the nominations.

The protest, organised by the Law Society of Kenya, Federation of Women Lawyers – Kenya (Fidak-K) and the International Commission of Jurists took place outside the Nairobi law courts.

In Parliament, a number of MPs who contributed to the debate urged the President and PM to spare the country these intermittent controversies and disagreements when dealing with national matters.

“The President and PM cannot be questioning and contradicting each other in public,” said Abdikadir Mohammed, chairman of the parliamentary oversight committee on the Constitution.

He appealed to the two resolve contentious issues in private and project a united front in public to reassure the nation and drive reforms.

His views were supported by MPs Martha Karua, Danson Mungatana and Wilfred Machage.

During the debate, it transpired that others who had been considered for the appointments were Justice Kihara Kariuki and Mr Pheroze Nowrojee for Chief Justice.

Mr Fred Ojiambo was listed for AG, and Justice Hannah Okwengu for the Deputy CJ post.

Mr Odinga remarked that the VP should have told him that he intended to read that statement, and he would now have to respond to it and ‘‘be candid’’.