Why Kibaki beat retreat over four key state jobs

President Kibaki on Tuesday executed a major climb-down and withdrew his nominations to four top State jobs.

Prime Minister Raila Odinga immediately welcomed the move.

Their statements brought to an end the row over the nominations of Mr Justice Alnashir Visram as Chief Justice, Prof Githu Muigai as Attorney General, Mr William Kirwa as Controller of Budget and Mr Kioko Kilukumi for Director of Public Prosecutions.

The President said the nomination of the new Chief Justice will be done through the Judicial Service Commission, while he will consult the Prime Minister on the nomination for the next AG.

The Director of Public Prosecutions and Controller of Budget will be recruited through advertisement to be placed by the Public Service Commission.

At his own press briefing soon after the President spoke, Mr Odinga praised his coalition President for displaying courage, but pointed out that recruitment for DPP and Controller of Budget should be handled by an independent panel because the Public Service Commission was yet to be reconstituted in accordance with the new Constitution.

Mr Kibaki and Mr Odinga were meeting on Tuesday night to start consultations on the nomination of the AG.

The truce on a row that has split the coalition government and raised political temperatures followed pressure from African Union chief mediator Kofi Annan, local business leaders, civil society, the media and media owners and key western countries including the United States and the European Union members, who all warned that the dispute had triggered unwelcome tensions in a country that is undergoing healing.

In his statement, read outside his Harambee House office at 3.30pm, President Kibaki recounted the background to the stalemate and restated his belief that he had at all times acted within his constitutional mandate in presenting the contentious list.

He then went into each of the four posts and in each case effectively withdrew his nomination: “Considering the importance of the office of the Chief Justice as the head of the Judicial Arm of the Government, I have considered all the concerns expressed in regard to this nomination and I have concluded that it is beneficial that the nomination to fill this office, during the transition period, is also done through the Judicial Service Commission.

“In regard to the nomination of the Attorney General, I have invited the Prime Minister for further consultations. Furthermore I have also decided that the positions of the Director of Public Prosecutions and the Controller of Budget should be advertised through the Public Service Commission,” he said.

Prime Minister Odinga had originally called his own press briefing for 4pm, but had to re-craft his statement in regard to the new development.

He hinted at his delayed briefing that he did not have prior information on what the President was going to say.

The withdrawal was a culmination of a day of meetings of the President’s allies, which started at the Palacina Hotel, moved to Panafric Hotel, the President’s office at Harambee House and finally at the Kenyatta International Conference Centre.

AG Amos Wako, Mr Marende and the Commission on the Implementation of the Constitution had stated that the nominations were unconstitutional and must be returned to the principals.

On Tuesday, President Kibaki was surrounded by a large team that included Vice-President Kalonzo Musyoka, Deputy PM Uhuru Kenyatta, Tourism minister Najib Balala and Eldoret North MP William Ruto.

Speaking later, Justice and Constitutional Affairs Minister Mutula Kilonzo supported the withdrawal stating that his ministry had always pushed for advertising the positions. Welcoming President Kibaki’s move, Mr Odinga said that “wise counsel had finally prevailed”.

He noted that the nomination of the chief justice ought to be done urgently as the term of the current CJ, Evan Gicheru ends on February 27.

However, the Prime Minister noted that he and President Kibaki would have ample time to consult over the nomination of the next AG as Mr Wako’s term ends on August 27.