The Commission for the Implementation of the Constitution has decided to seek the opinion of the Court of Appeal, sitting as the Supreme Court, on the nominations saga.
The CIC chairman Charles Nyachae said Tuesday, the Court’s interpretation will henceforth guide the process of appointments and nominations of constitutional office holders.
In addition, the Commission anticipates that it will forestall, once and for all, future wrangles in the processes such as the one currently unfolding between President Kibaki and Prime Minister Raila Odinga.
In its application, CIC is seeking a legal interpretation of eleven provisions of the constitution that relate to appointments and nominations of constitutional office holders.
"The Constitution provides for a mechanism of interpretation of its provisions. CIC has already stated that the courts are the final arbiter on interpretation of the Constitution,” Mr Nyachae said flanked by Commission vice chair Dr Elizabeth Muli and three other Commissioners.
“It is in this regard that CIC has resolved to apply to the Court of Appeal for an advisory opinion on the meaning and effect of a number of the provisions of the constitution relating to the nomination and appointment of Constitutional office holders.”
The provisions the Commission is seeking their interpretation are Articles 10, 27, 73,156, 157,166,228,232,256 and Sections 24 and 29 of the Sixth Schedule.
The Commission’s move comes as the nomination of four persons to constitutional offices remains deadlocked with the Constitutional Court set to start hearings of a suit filed by rights organisation on March 2.
The suit will be filed in a week’s time, said Mr Nyachae.
The more than 20 rights groups are challenging President Kibaki’s nominations of Justice Visram as CJ, Mr Kioko Kilukumi as the Director of Public Prosecutions, Prof Githu Muigai as the Attorney General and Mr William Kirwa as the Controller of Budget.