Will Marende break the deadlock?

Parliament will on Tuesday be asked to allow one of the two committees scrutinising the nominees for top four constitutional positions more time to vet three individuals proposed by President Kibaki.

Sources said members of the House committee on Justice and Legal Affairs allied to the PNU side and its allies voted out proposals to refer the nominee for Chief Justice back to President Kibaki and Prime Minister Raila Odinga; and used their numerical strength to push through the decision to ask for three more days to vet the candidates.

Asking for time to vet the nominees effectively means that the committee is satisfied the names were properly presented to the House.

However, House Speaker Kenneth Marende had reserved the right to rule on whether the controversial nominations by President Kibaki were legal before turning the matter over to the House committees a fortnight ago.

It is understood the PNU side emerged with eight votes against three for ODM, who included Justice committee chair Ababu Namwamba.

“We now want another three days to vet the candidates. How can we submit half a report? That is why the vote to ask for more time won the day,” said a member of the committee who requested anonymity.

The decision by the Justice committee means that the other team Finance, Trade and Planning, which is chaired by Nambale Chris Okemo, will put on hold its a decision rejecting the nomination of Mr William Kirwa as Budget Controller.

The decision was arrived at late last evening, overturning a deal that was struck to refer the nominees for the CJ’s position- Justice Alnashir Visram and Mr Kirwa back to the principals for fresh head hunting.

Earlier, sources said the two committee were split over the fate of the nominees and only National Assembly Speaker Kenneth Marende could make the final decision.

The chairmen of the two committees, Mr Namwamba and Mr Okemo, were last evening working out common positions on an issue laden with political undertones given that President Kibaki wants the names approved by the House but Mr Odinga wants the list rejected.

What they were agonising over last evening was whether the list will be taken to the House as a plain report, which the Speaker can rule on; or as a Motion, which will require the MPs to vote for adoption or rejection.

If the committees table in the House their outcome as a report, it would provide Mr Marende a chance to make a ruling on the constitutionality of the process used to arrive at the names.

If it is presented as a motion whose recommendations are to be voted on by MPs, it would be difficult for the Speaker to make the ruling.

Sources said the Finance committee had agreed that the nomination of Mr William Kirwa as Controller of Budget be rejected.