The Kenyan constitutional impasse...........

Raila to address nation over nominations










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Prime Minister Raila Odinga. Photo/STEPHEN MUDIARI
By NATION Reporter and PMPSPosted Tuesday, February 22 2011 at 09:12

Prime Minister Raila Odinga is expected to hold a media briefing over the nominations to four constitutional offices Tuesday.

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A brief statement from his office indicated that Mr Odinga will address the nation at 4 pm at his Shell and BP House office, Nairobi.

Last week, House Speaker Kenneth Marende declared the nominations illegal and referred the matter back to the principals to restart the process.

Mr Marende said President Kibaki did not follow the law in nominating Mr Justice Alnashir Visram to be Chief Justice, Prof Githu Muigai (Attorney General), lawyer Kioko Kilukumi (Director of Public Prosecutions) and William Kirwa as Controller of Budget.

He said the President did not consult the Prime Minister as envisaged by the constitution and the National Accord.

On Friday, President Kibaki, however, said he had acted within his "constitutional mandate" in making the nominations.

"In my actions as your President, I have at all times acted in accordance with the Constitution and the Laws of Kenya, he said.

The President said he will await the decision of the constitutional court over the matter.

But Mr Odinga praised Mr Marende's ruling saying the Speaker had upheld the Constitution when making his ruling.

"The Speaker made that ruling in line with the Constitution and in that (ruling), there is no winner or loser. The winner is Kenya. Nobody should brag that I won and they lost. Kenya won," the PM said.

A three judge bench comprising of Justices Kalpana Rawal, George Dulu and Luka Kimaru adjourned the hearing of the case to March 2.

Pro-Kibaki MPs have vowed to overturn Mr Marende's ruling saying he was biased.

Matters are expected to come to a head in Parliament later Tuesday where the PNU allied MPs and their rebel ODM counterparts will seek to make good their threat.
 
Kibaki set to meet MPs










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President Kibaki. Photo/FILE
By OLIVER MATHENGEPosted Tuesday, February 22 2011 at 15:01

President Kibaki is set to chair a meeting of MPs allied to him in Nairobi.

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At least 50 PNU MPs are at the meeting's venue, the Kenyatta International Conference Centre waiting for the President to arrive.

They have been joined by ODM rebel MPs led by Eldoret North MP William Ruto.

Among those waiting for President Kibaki's arrival are Vice President Kalonzo Musyoka, Mr Ruto and Tourism minister Najib Balala.

Earlier, the legislators had met at came at short notice Panfaric Hotel, Nairobi as the saga over the nominations to four constitutional offices raged.

The President is expected to brief the media at 3.30 pm, thirty minutes before Prime Minister's Raila Odinga scheduled address.

Last week, House Speaker Kenneth Marende declared the nominations illegal and referred the matter back to the principals to restart the process.

Mr Marende said President Kibaki did not follow the law in nominating Mr Justice Alnashir Visram to be Chief Justice, Prof Githu Muigai (Attorney General), lawyer Kioko Kilukumi (Director of Public Prosecutions) and William Kirwa as Controller of Budget.

He said the President did not consult the Prime Minister as envisaged by the constitution and the National Accord.
 
Why Kibaki beat retreat over four key state jobs










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By Bernard Namunane bnamunane@ke.nationmedia.com and Peter Leftie pmutibo@ke.nationmedia.comPosted Tuesday, February 22 2011 at 21:00

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

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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.



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  1. Submitted by ericknation
    Posted February 23, 2011 10:34 AM
    Tell you what, Kenyans: they were all along leading us down the garden path, these big men. At our expense. At the hears of their hearts, they knew they were going to start the whole process afresh. Can I hear someone say REFUND??

  2. Submitted by 2001nisha
    Posted February 23, 2011 10:32 AM
    Why is Uhuru and Muthaura in office since they are impicated in PEV crimes? Mr. President, the courage you have shown now in the nominations row should likewise be depicted by throwing Uhuru and Muthaura out of office. They have let you down by misadvising you.

  3. Submitted by borah
    Posted February 23, 2011 10:28 AM
    The only man missing here is Moi!!! Otherwise its a KANU delegates meeting!!!

 
Why Kibaki beat retreat over four key state jobs










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By Bernard Namunane bnamunane@ke.nationmedia.com and Peter Leftie pmutibo@ke.nationmedia.comPosted Tuesday, February 22 2011 at 21:00

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

Related Stories

Related Downloads


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.



Add a comment (29 comments so far)
You need to login first to submit a comment.



  1. Submitted by ericknation
    Posted February 23, 2011 10:34 AM
    Tell you what, Kenyans: they were all along leading us down the garden path, these big men. At our expense. At the hears of their hearts, they knew they were going to start the whole process afresh. Can I hear someone say REFUND??
  2. Submitted by 2001nisha
    Posted February 23, 2011 10:32 AM
    Why is Uhuru and Muthaura in office since they are impicated in PEV crimes? Mr. President, the courage you have shown now in the nominations row should likewise be depicted by throwing Uhuru and Muthaura out of office. They have let you down by misadvising you.
  3. Submitted by borah
    Posted February 23, 2011 10:28 AM
    The only man missing here is Moi!!! Otherwise its a KANU delegates meeting!!!
 
Yet another false step for President










By Samwel Kumba skumba@ke.nationmedia.comPosted Friday, February 18 2011 at 21:00
In Summary

  • For the second time in as many years, the President has been humiliated in Parliament for making certain legal decisions



Whichever way the Speaker would have ruled, it was always going to split the coalition. However, one thing stuck out: For the second time in as many years, the President had been embarrassed in Parliament for making certain legal decisions.

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The first time was in 2009 when he unilaterally re-appointed Mr Aaron Ringera to head the Kenya Anti-Corruption Commission, only for Parliament to overrule him.

Could it be that the head of state, who has the most elaborate access to legal advice and intelligence, was being misled by close aides? Or was the President too fixated with a particular school of thought to accept counsel?

The Saturday Nation spoke to several leaders familiar with government operations and the picture that emerged was of a leader who strongly believed in the merit of his decisions. Others said the ruling was not a measure of the advice the President was getting.

"The ruling is not meant to please anybody. It is the rule of law that has to be followed. It cannot be interpreted as an embarrassment to the President, maybe to the Prime Minister who had rejected our proposal to advertise the positions," said Justice minister Mutula Kilonzo.

He said the new Constitution empowers the courts and Parliament to overrule the President on matters legal.

"We told him that public participation in these appointments is very critical and that the best way to go about it is by advertising the positions. We were, however, later informed that Prime Minister Raila Odinga's office had opted for handpicking the appointees, a position the President had to accept to accommodate the PM in the spirit of consultation," said Mr Kilonzo.

Narc-Kenya chairperson Martha Karua said the President had been blinded by power and assumed his PNU coalition would force the names through Parliament because they had the numbers.

This view was shared by a politician working closely with State House, who said the President's sympathies lay with six Kenyans who had been put on notice over post-election violence by the International Criminal Court.

"To him at this point, the country, internally displaced persons and what happened in 2007 that led to post-election violence, have taken a back seat," said the politician who could not speak on record for fear of retribution.

A senior counsel said the President had fallen captive of a clique plotting his succession and had ignored the advice of Attorney General Amos Wako.

"He always used to complain that his opinion was never taken seriously yet he is the government's chief legal advisor," said the lawyer who could not be quoted as he consults for government.

Mr Wako did not respond to Nation's enquiries on whether he was consulted. The closest Mr Wako has come to dissenting from a presidential decree was a fortnight ago when, together with Chief Justice Amos Gicheru, he attended a press conference by the Judicial Service Commission that declared the President did not follow the law on the nominations.

University of Nairobi chancellor Joe Wanjui, who is also one of the President's closest allies, said the ruling indicated that democracy was developing and taking shape in Kenya.

PNU strategist Peter Kagwanja said the ruling did not reflect the kind of advice the President was getting because it was partisan.

"Primarily, Marende is an ODM MP and it is through ODM votes that he became the Speaker and so his primary loyalty is to the party," said Prof Kagwanja.

Lawyer Kithure Kindiki said the ruling had more than just politics and the law. He said it had set a paradigm shift requiring that all public appointments be done openly, competitively and must reflect Kenya's ethnic and gender variety.

Mr Salim Lone, a close associate of Prime Minister Raila Odinga, defended the Speaker against claims that his ruling was influenced by ODM.

"I cannot speak for the President. The Speaker does not go by the position taken by the Prime Minister. Even the Judicial Service Commission said the process was unconstitutional," he said.
 
Yet another false step for President










By Samwel Kumba skumba@ke.nationmedia.comPosted Friday, February 18 2011 at 21:00
In Summary

  • For the second time in as many years, the President has been humiliated in Parliament for making certain legal decisions



Whichever way the Speaker would have ruled, it was always going to split the coalition. However, one thing stuck out: For the second time in as many years, the President had been embarrassed in Parliament for making certain legal decisions.

Related Stories


The first time was in 2009 when he unilaterally re-appointed Mr Aaron Ringera to head the Kenya Anti-Corruption Commission, only for Parliament to overrule him.

Could it be that the head of state, who has the most elaborate access to legal advice and intelligence, was being misled by close aides? Or was the President too fixated with a particular school of thought to accept counsel?

The Saturday Nation spoke to several leaders familiar with government operations and the picture that emerged was of a leader who strongly believed in the merit of his decisions. Others said the ruling was not a measure of the advice the President was getting.

“The ruling is not meant to please anybody. It is the rule of law that has to be followed. It cannot be interpreted as an embarrassment to the President, maybe to the Prime Minister who had rejected our proposal to advertise the positions,” said Justice minister Mutula Kilonzo.

He said the new Constitution empowers the courts and Parliament to overrule the President on matters legal.

“We told him that public participation in these appointments is very critical and that the best way to go about it is by advertising the positions. We were, however, later informed that Prime Minister Raila Odinga’s office had opted for handpicking the appointees, a position the President had to accept to accommodate the PM in the spirit of consultation,” said Mr Kilonzo.

Narc-Kenya chairperson Martha Karua said the President had been blinded by power and assumed his PNU coalition would force the names through Parliament because they had the numbers.

This view was shared by a politician working closely with State House, who said the President’s sympathies lay with six Kenyans who had been put on notice over post-election violence by the International Criminal Court.

“To him at this point, the country, internally displaced persons and what happened in 2007 that led to post-election violence, have taken a back seat,” said the politician who could not speak on record for fear of retribution.

A senior counsel said the President had fallen captive of a clique plotting his succession and had ignored the advice of Attorney General Amos Wako.

“He always used to complain that his opinion was never taken seriously yet he is the government’s chief legal advisor,” said the lawyer who could not be quoted as he consults for government.

Mr Wako did not respond to Nation’s enquiries on whether he was consulted. The closest Mr Wako has come to dissenting from a presidential decree was a fortnight ago when, together with Chief Justice Amos Gicheru, he attended a press conference by the Judicial Service Commission that declared the President did not follow the law on the nominations.

University of Nairobi chancellor Joe Wanjui, who is also one of the President’s closest allies, said the ruling indicated that democracy was developing and taking shape in Kenya.

PNU strategist Peter Kagwanja said the ruling did not reflect the kind of advice the President was getting because it was partisan.

“Primarily, Marende is an ODM MP and it is through ODM votes that he became the Speaker and so his primary loyalty is to the party,” said Prof Kagwanja.

Lawyer Kithure Kindiki said the ruling had more than just politics and the law. He said it had set a paradigm shift requiring that all public appointments be done openly, competitively and must reflect Kenya’s ethnic and gender variety.

Mr Salim Lone, a close associate of Prime Minister Raila Odinga, defended the Speaker against claims that his ruling was influenced by ODM.

“I cannot speak for the President. The Speaker does not go by the position taken by the Prime Minister. Even the Judicial Service Commission said the process was unconstitutional,” he said.
 
PHP: 
Ironically, it was suspended Higher Education Minister William Ruto who stepped in on Tuesday morning when he convened a meeting at 9am at the Palacina Hotel to discuss the option of withdrawing the nominations and skipping Prime Minister Raila Odinga in appointments to some of the positions.

Ruto is a man to watch in Kenya as the election of 2012 looms..............................he is going to be the biggest power broker in Kenyan history.................................forget ICC........................................it won't affect the Kenyan election in my considered view............................
 
MPs clash with CIC over nominations







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The chairman of the Commission for the Implementation of the Constitution Charles Nyachae. MPs on the Finance Committee clashed with the CIC over the latter's mandate in relation to the nominations under debate February 9, 2010. FILE
By JOHN NGIRACHU, jngirachu@ke.nationmedia.comPosted Wednesday, February 9 2011 at 17:17

MPs on the Finance Committee have clashed with members of the Commission for the Implementation of the Constitution over the latter's mandate in relation to the nominations under debate.

The confrontation arose after MPs questioned the Commission's presentation led by Mr Charles Nyachae, who they accused of shirking their responsibility by only referring to the Constitution.

In their presentation, the Commission argued that it was necessary for President Kibaki and Prime Minister Raila Odinga to involve the Judicial Service Commission in the nomination of the Chief Justice.

They told the team, which is scrutinising the nomination of William Kirwa as the Controller of Budget, that they were preparing to start a series of meetings with the JSC when the President made the nominations.

Mr Nyachae also gave an account of the Commission's activities after the controversial nominations, which culminated in a press statement terming it unconstitutional.

He said the Commission later held separate meetings with the two Principals, where each side offered their accounts of events leading up to the announcement of the nominations on January 28.

He said the appointment of the Chief Justice should have started with a recommendation by the JSC and then followed by consultation between the Principals.

The Principals would then nominate the CJ, forward the name to Parliament for vetting and possible approval, with the President then making the appointment.

On the Attorney General, Director of Public Prosecutions and the Controller of Budget, the PM and the President should have consulted before nominating the candidates for approval by Parliament.

Mr Nyachae said the Commission would only move to court to stop the process if Parliament was to approve the list, which would give the President the green light to make the appointments.

But committee chairman Chris Okemo and MPs Jakoyo Midiwo, Musikari Kombo and Ntoithia M'Mithiaru were not satisfied with the Commission's presentation, and demanded that it takes a firm stand.

"I think we are here because you have not done your job. PNU and ODM are wrangling because you have not done your job. You can't just quote the Constitution, which we can also read," said Mr Midiwo.

"We have had problems in this country because people who serve in constitutional offices shy away and serve the king. You're afraid to tell the king he is naked," said Mr Kombo.

Said Mr Okemo: "We're crying out for you to help solve this crisis. You're independent. Come out with courage and give us an opinion."

But the Commission declined to do as the MPs wished, insisting that it is up to Parliament to make laws, the Judiciary to interpret them and the Executive to implement them.

Mr Nyachae insisted the Commission's work is to "monitor, coordinate, oversee and facilitate" the implementation of the Constitution, and acting otherwise would be in breach of their mandate.

"We won't cede any part of our mandate, we will not shirk it, and we will not take a mandate given to us," Mr Nyachae told the committee.

The CIC members also declined to state whether the consultations between the two Principals would have been viewed as sufficient.

According to Elizabeth Muli, the commission's vice chairman, the two Principals' refusal to involve the JSC as required in Article 166 of the Constitution meant any nominations would be futile.

"Even if, for example, we had consultations, and a tomato seller was appointed Chief Justice, would we say that we have met the letter and spirit of the Constitution?" she asked.

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PHP: 
According to Elizabeth Muli, the commission's vice chairman, the two Principals' refusal to involve the JSC as required in Article 166 of the Constitution meant any nominations would be futile.

"Even if, for example, we had consultations, and a tomato seller was appointed Chief Justice, would we say that we have met the letter and spirit of the Constitution?" she asked.
The only nomination that will go to JSC is that of Chief Justice.............................
 
Why Kibaki withdrew list of nominees


 Updated 11 hr(s) 55 min(s) ago
Related Stories

President Kibaki addresses a press conference to move forward the implementation of the new Constitution at Kenyatta Int



By Standard Team
President Kibaki defused rising tension in the Grand Coalition by withdrawing his list of nominees to four key constitutional offices, and reopening consultations with Prime Minister Raila Odinga. The President climbed down from his weekend position that he acted within his constitutional mandate amid sustained international pressure to restart the consultations. The pressure upped by European and US envoys in Kenya on Monday was capped yesterday by the entry of Kofi Annan, the former UN Secretary General, who praised the ruling by Speaker Kenneth Marende on the nominations, which Kibaki contested. Dr Annan wields leverage with Kibaki and Raila for brokering Kenya's peace deal in 2008 and subsequent power sharing.
The President, who last weekend said he had left the fate of his nominees to the court, also backtracked a day after Attorney General Amos Wako dealt a blow to his case by telling a three-judge Bench the nominations were unconstitutional. Wako is the President's chief legal advisor and his statement is said to have stunned the President's side, which concluded their case had been severely dented. It is at this stage that it is reported they started working on an exit plan for the President, and one that would ensure his dignity remained intact.
It is also believed Raila's sustained reconciliatory statements at a time the President side was lambasting Marende and plotting to censure him and even how to precipitate a Raila walkout from the coalition, cast the PNU and Kibaki as the aggressor and that is when Plan ‘B' was mooted.
Sources also reported the President was wary the rising tension could poison the road to the General Election, due next year, a fact that could compromise his legacy and put him at loggerheads with the international community. Other sources revealed PNU side was stunned at the popularity of Marende's ruling among Kenyans, hence the last-minute effort to endear itself to the public.
Court of Appeal
But the final stroke on the camel's back could have been the declaration by the Constitution Implementation Commission, which is led by lawyer Charles Nyachae it would seek the Court of Appeal, sitting as the Supreme Court, to interpret the Constitution in relation to nominations.
Kibaki, however, maintained in his statement he had broken no rules when he submitted the original list to Parliament, last month.
"I reiterate that the Legal and Justice Committee of Parliament and the Committee on Finance and Trade concluded that I acted within my constitutional mandate in the execution of the nominations," he said at the Kenyatta International Conference Centre, Nairobi. He spoke after meeting with 119 MPs from his PNU side, and some allied to Eldoret North MP William Ruto.
Kibaki told the nation after extensive consultations with a "section of MPs" and keen on ensuring "national interest remains paramount", he had decided to task Judicial Service Commission to fill the position of Chief Justice for which he had nominated Justice Alnashir Visram. This was the body that he was criticised by Marende and professional, rights groups and civil society of sidestepping and submitting the list before consultations with PM were concluded.
homein230211_01.jpg
President Kibaki addresses a press conference to move forward the implementation of the new Constitution at Kenyatta International Conference Centre, Nairobi. [PHOTO PPS]
He also announced the positions of Director of Public Prosecutions and Controller of Budget – for which he had nominated Kioko Kilukumi and William Kirwa - would be advertised and filled by Public Service Commission. When the PM addressed the nation, he asked that PSC, which his associates claim is not yet compliant with the new law, be reconstituted before it can undertake the task.
On the position of AG, for which he nominated Githu Muigai, the President announced he would consult Raila. Though PM, who was in a burial in Maragwa, had announced his meeting with Kibaki would start at 5:30pm, had raised no objections against Githu, his residential neighbour in Nairobi. But he had questioned the process of nomination, and asked the jobs be advertised.
The President's decision was seen to have been reinforced by Wako's insistence in court the nominations were unconstitutional. Waiting for court to reach a verdict in a case in which your own lawyer admits you were wrong, is not wise, Kibaki's advisors are believed to have told him.
Independent sources revealed the ‘hardliners' around the President advised that he withdraws, but still ensure he maintains the upper hand in the consultations.
Political temperatures
Annan sent personal letters to Kibaki and Raila appealing to them to agree on the nominations, and help reduce the political temperatures, especially in Parliament. The communication was announced through a statement released by the Panel of Eminent Persons yesterday.
"Kenya turned a new page on August 27, 2010, and the momentum generated must not be allowed to dissipate. Much is at stake. I appeal to you to remember the needs and aspirations of the people for a prosperous and stable Kenya," Annan was quoted telling them.
The constitutional commissions also gave a different view from the President and PNU's, which insisted Marende acted outside his mandate and strove to gag the Legislature and dictate to the Executive.
The JSC stated from the outset the nominations were unconstitutional. As the standoff over the nominations raged, Kibaki appeared lonely as many credible organs of Government lined up against his position.
The private sector was not left out with the influential Media Owners Association on Monday calling on Kibaki to withdraw the names to stem the acrimony. But it was not Wako alone who pulled in the opposite direction: Justice Minister Mutula Kilonzo, too, wondered why his advice that the positions be advertised was ignored.
Not lost on Kibaki was the fact that the credibility of the Judiciary and the Budget Office, whose heads are supposed to be independent, was undergoing a serious erosion of its confidence. Worse still, his action was being seen alongside the attempt to have Kenya's case at International Criminal Court deferred on the basis Kenya has a credible judicial system, which can independently carry out trials of post-election suspects.
The President was also grappling with accusations he wanted to ensure there was a ‘friendly' Chief Justice who could be trusted to ‘manage' trial of the violence suspects.
The President's speech was done in the first person, and appeared to rule out the PM's input in the choice of the DPP, and Controller of Budget. The two may, however, sit and agree on a name from the three that the JSC would forward.
 
Why Kibaki withdrew list of nominees


 Updated 11 hr(s) 55 min(s) ago
Related Stories

President Kibaki addresses a press conference to move forward the implementation of the new Constitution at Kenyatta Int



By Standard Team
President Kibaki defused rising tension in the Grand Coalition by withdrawing his list of nominees to four key constitutional offices, and reopening consultations with Prime Minister Raila Odinga. The President climbed down from his weekend position that he acted within his constitutional mandate amid sustained international pressure to restart the consultations. The pressure upped by European and US envoys in Kenya on Monday was capped yesterday by the entry of Kofi Annan, the former UN Secretary General, who praised the ruling by Speaker Kenneth Marende on the nominations, which Kibaki contested. Dr Annan wields leverage with Kibaki and Raila for brokering Kenya’s peace deal in 2008 and subsequent power sharing.
The President, who last weekend said he had left the fate of his nominees to the court, also backtracked a day after Attorney General Amos Wako dealt a blow to his case by telling a three-judge Bench the nominations were unconstitutional. Wako is the President’s chief legal advisor and his statement is said to have stunned the President’s side, which concluded their case had been severely dented. It is at this stage that it is reported they started working on an exit plan for the President, and one that would ensure his dignity remained intact.
It is also believed Raila’s sustained reconciliatory statements at a time the President side was lambasting Marende and plotting to censure him and even how to precipitate a Raila walkout from the coalition, cast the PNU and Kibaki as the aggressor and that is when Plan ‘B’ was mooted.
Sources also reported the President was wary the rising tension could poison the road to the General Election, due next year, a fact that could compromise his legacy and put him at loggerheads with the international community. Other sources revealed PNU side was stunned at the popularity of Marende’s ruling among Kenyans, hence the last-minute effort to endear itself to the public.
Court of Appeal
But the final stroke on the camel’s back could have been the declaration by the Constitution Implementation Commission, which is led by lawyer Charles Nyachae it would seek the Court of Appeal, sitting as the Supreme Court, to interpret the Constitution in relation to nominations.
Kibaki, however, maintained in his statement he had broken no rules when he submitted the original list to Parliament, last month.
"I reiterate that the Legal and Justice Committee of Parliament and the Committee on Finance and Trade concluded that I acted within my constitutional mandate in the execution of the nominations," he said at the Kenyatta International Conference Centre, Nairobi. He spoke after meeting with 119 MPs from his PNU side, and some allied to Eldoret North MP William Ruto.
Kibaki told the nation after extensive consultations with a "section of MPs" and keen on ensuring "national interest remains paramount", he had decided to task Judicial Service Commission to fill the position of Chief Justice for which he had nominated Justice Alnashir Visram. This was the body that he was criticised by Marende and professional, rights groups and civil society of sidestepping and submitting the list before consultations with PM were concluded.
homein230211_01.jpg
President Kibaki addresses a press conference to move forward the implementation of the new Constitution at Kenyatta International Conference Centre, Nairobi. [PHOTO PPS]
He also announced the positions of Director of Public Prosecutions and Controller of Budget – for which he had nominated Kioko Kilukumi and William Kirwa — would be advertised and filled by Public Service Commission. When the PM addressed the nation, he asked that PSC, which his associates claim is not yet compliant with the new law, be reconstituted before it can undertake the task.
On the position of AG, for which he nominated Githu Muigai, the President announced he would consult Raila. Though PM, who was in a burial in Maragwa, had announced his meeting with Kibaki would start at 5:30pm, had raised no objections against Githu, his residential neighbour in Nairobi. But he had questioned the process of nomination, and asked the jobs be advertised.
The President’s decision was seen to have been reinforced by Wako’s insistence in court the nominations were unconstitutional. Waiting for court to reach a verdict in a case in which your own lawyer admits you were wrong, is not wise, Kibaki’s advisors are believed to have told him.
Independent sources revealed the ‘hardliners’ around the President advised that he withdraws, but still ensure he maintains the upper hand in the consultations.
Political temperatures
Annan sent personal letters to Kibaki and Raila appealing to them to agree on the nominations, and help reduce the political temperatures, especially in Parliament. The communication was announced through a statement released by the Panel of Eminent Persons yesterday.
"Kenya turned a new page on August 27, 2010, and the momentum generated must not be allowed to dissipate. Much is at stake. I appeal to you to remember the needs and aspirations of the people for a prosperous and stable Kenya," Annan was quoted telling them.
The constitutional commissions also gave a different view from the President and PNU’s, which insisted Marende acted outside his mandate and strove to gag the Legislature and dictate to the Executive.
The JSC stated from the outset the nominations were unconstitutional. As the standoff over the nominations raged, Kibaki appeared lonely as many credible organs of Government lined up against his position.
The private sector was not left out with the influential Media Owners Association on Monday calling on Kibaki to withdraw the names to stem the acrimony. But it was not Wako alone who pulled in the opposite direction: Justice Minister Mutula Kilonzo, too, wondered why his advice that the positions be advertised was ignored.
Not lost on Kibaki was the fact that the credibility of the Judiciary and the Budget Office, whose heads are supposed to be independent, was undergoing a serious erosion of its confidence. Worse still, his action was being seen alongside the attempt to have Kenya’s case at International Criminal Court deferred on the basis Kenya has a credible judicial system, which can independently carry out trials of post-election suspects.
The President was also grappling with accusations he wanted to ensure there was a ‘friendly’ Chief Justice who could be trusted to ‘manage’ trial of the violence suspects.
The President’s speech was done in the first person, and appeared to rule out the PM’s input in the choice of the DPP, and Controller of Budget. The two may, however, sit and agree on a name from the three that the JSC would forward.
 
Why Marende, Raila should be censured


 Published on 21/02/2011
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Kenya should discard the tradition of sourcing National Assembly Speaker from among Members of Parliament. The Speaker, being an arbitrator, should be neutral. Neutrality will remain a mirage as long as the majority party determines who becomes Speaker.
The Speaker remains captive to the hand that feeds him and an adversary to the opposing side.
That is the situation Kenneth Marende is in after being voted in by ODM. By overturning President Kibaki's appointments, Marende automatically became an enemy of PNU and its allies.
In 2009, he blocked Vice President Kalonzo Musyoka from becoming the Leader of Government Business in Parliament citing a breach of National Accord and Reconciliation Act. He has treaded the same path by rejecting the President's appointees.
On both occasions, he has based his action on Prime Minister Raila Odinga's claim of lack of consultation with the President.
His citation of the National Accord sounds stale. His emphasis on lack of consultations sounds out rightly partisan.
Marende has lost the neutral face the Speaker should wear at all times.
To make matters worse, Marende is portraying the President as a liar. He is now an enemy of national reconciliation that he purports to promote through his contested rulings.
Importantly, Marende is a monument of contradiction. At times he is a champion of supremacy of Parliament over the Judiciary and a respecter of court rulings. While referring the matter of appointments to the Parliamentary committees two weeks ago, he eloquently stated Parliament couldn't be bound by the High Court ruling that had declared the President's action unconstitutional.
But on Thursday, Marende generously quoted Justice Musinga's ruling to quash the President's decision!
Key questions
Which begs the questions: Why did Marende refer the matter to departmental committees in the first place? Why not simply rule that Kenyans await the final verdict of the courts instead of wasting time and resources? The Speaker ought to be censured.
Everyone thinks the President's appointees are qualified and competent.
The debate is on whether due process was followed or not. Sane minds in the Finance and Justice and Legal Affairs committees had proposed Parliament vets them before inviting the Judicial Service Commission for approval.
That should have been the rational way to get rid of the possibility of having unsuitable candidates. Secondly, the debate on due process has revealed it is the PM and not President Kibaki who advised against advertising the jobs and circumvent the Judicial Service Commission.
Raila insisted on ethnic-based horse-trading as a formula for the appointments. He never championed for gender balance. This, coupled with Raila's failure to respond to the President's calls during the consultation period is enough ground for his censure.
Marende's hardball politics, coupled with ODM's chest thumping, will only stall the implementation of the new Constitution .
Parliament should censure Marende, especially if he resists attempts by MPs to debate on the nominations.
Stalling the process is a recipe for total breakdown of peace in Kenya.
-Mohamed Ibrahim, via email
 
Why Marende, Raila should be censured


 Published on 21/02/2011
Related Stories

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 Barclays Bank of Kenya regional managing director for East and West Africa Adan Mohamed at an investment briefing in Nai

 Cartoon 23.02.11

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Kenya should discard the tradition of sourcing National Assembly Speaker from among Members of Parliament. The Speaker, being an arbitrator, should be neutral. Neutrality will remain a mirage as long as the majority party determines who becomes Speaker.
The Speaker remains captive to the hand that feeds him and an adversary to the opposing side.
That is the situation Kenneth Marende is in after being voted in by ODM. By overturning President Kibaki’s appointments, Marende automatically became an enemy of PNU and its allies.
In 2009, he blocked Vice President Kalonzo Musyoka from becoming the Leader of Government Business in Parliament citing a breach of National Accord and Reconciliation Act. He has treaded the same path by rejecting the President’s appointees.
On both occasions, he has based his action on Prime Minister Raila Odinga’s claim of lack of consultation with the President.
His citation of the National Accord sounds stale. His emphasis on lack of consultations sounds out rightly partisan.
Marende has lost the neutral face the Speaker should wear at all times.
To make matters worse, Marende is portraying the President as a liar. He is now an enemy of national reconciliation that he purports to promote through his contested rulings.
Importantly, Marende is a monument of contradiction. At times he is a champion of supremacy of Parliament over the Judiciary and a respecter of court rulings. While referring the matter of appointments to the Parliamentary committees two weeks ago, he eloquently stated Parliament couldn’t be bound by the High Court ruling that had declared the President’s action unconstitutional.
But on Thursday, Marende generously quoted Justice Musinga’s ruling to quash the President’s decision!
Key questions
Which begs the questions: Why did Marende refer the matter to departmental committees in the first place? Why not simply rule that Kenyans await the final verdict of the courts instead of wasting time and resources? The Speaker ought to be censured.
Everyone thinks the President’s appointees are qualified and competent.
The debate is on whether due process was followed or not. Sane minds in the Finance and Justice and Legal Affairs committees had proposed Parliament vets them before inviting the Judicial Service Commission for approval.
That should have been the rational way to get rid of the possibility of having unsuitable candidates. Secondly, the debate on due process has revealed it is the PM and not President Kibaki who advised against advertising the jobs and circumvent the Judicial Service Commission.
Raila insisted on ethnic-based horse-trading as a formula for the appointments. He never championed for gender balance. This, coupled with Raila’s failure to respond to the President’s calls during the consultation period is enough ground for his censure.
Marende’s hardball politics, coupled with ODM’s chest thumping, will only stall the implementation of the new Constitution .
Parliament should censure Marende, especially if he resists attempts by MPs to debate on the nominations.
Stalling the process is a recipe for total breakdown of peace in Kenya.
—Mohamed Ibrahim, via email
 
PHP: 
Secondly, the debate on due process has revealed it is the PM and not President Kibaki who advised against advertising the jobs and circumvent the Judicial Service Commission. 
Raila insisted on ethnic-based horse-trading as a formula for the appointments. He never championed for gender balance. This, coupled with Raila's failure to respond to the President's calls during the consultation period is enough ground for his censure.

Hapa ndipo tunapomkamata Raila ya kuwa ni mkabila tu na wala haki za wananwake hazjali ili mradi aweze kujaza wajaluo wenzie kwenye nafasi nyeti serikalini.........................................
 
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