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

[Rutashubanyuma]

Nominations impasse: Let reason prevail


Updated 7 hr(s) 29 min(s) ago
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The Standard Comment
The country is yet again caught up in a situation where political temperatures are building up as politicians from across the divide sharpen their tools for next political battle.
Because of their hardline positions on the row over President’s Kibaki’s nominations of four individuals to key constitutional offices, the reaction of the coalition partners Party of National Unity and the Orange Democratic Movement on Speaker Kenneth Marende’s ruling was not entirely unexpected. Whereas ODM politicians praised it as fair, those from the President’s PNU party were livid and adamant that they would challenge it next week.
It is unfortunate that the filling of the key offices soon after the passing of a new Constitution should be reduced to a contest between two political factions and in complete disregard of the aspirations of the people whose quest for constitutional reform has span decades.
The circus surrounding the controversial nomination of the four — Alnashir Visram for Chief Justice, Prof Githu Muigai (Attorney-General), Mr Kioko Kilukumi (Director of Public Prosecutions) and Mr William Kirwa (Controller of Budget) — has been a clear pointer that most of our politicians are too obsessed with their selfish interests that they are blinded to the greater national goals and interests.
It is for this reason that we appeal for reason and sobriety to prevail in dealing with potentially polarizing matters so as to find ways of achieving consensus in resolving the impasse and moving the country forward.
First and foremost, it must be clear that the challenge at hand is not about who will win or who will lose as there must be only one winner — the nation of Kenya and the people’s interests.
The issue must never be about the supremacy of politicalparties or political leaders and their allies. The issue should not be centred on succession politics.
It must also not be about who can shout the loudest or who can demonstrate unbridled emotion.
It would also be morally wrong for politicians to reduce constitutional implementation to a simple contest of mobilisation of numbers for political expediency either in Parliament or at rallies.
The sycophancy being exhibited by politicians so far in this debate is unhealthy and unhelpful in getting the two principals to navigate around the impasse.
It is important to disabuse those with the notion that the issue at hand is about the person of the Speaker of the National Assembly Kenneth Marende or the individuals whom President Kibaki nominated to the four constitutional offices. It is not about personalities and those who think so are missing the point by a wide margin.
In seeking to fill these positions, all players should not be driven by the desire to control the holders of these offices.
In the current impasse, what must remain our focus as a people and a Government — notwithstanding our inherent personal opinions and ambitions — is the common good. There is urgent need for deliberate efforts aimed at building trust and confidence in our institutional pillars.
There is also need for commitment to respect the spirit and letter of our Constitution by ensuring that any actions on implementation must not only be consistent with the our supreme laws but also be seen to reflect the aspirations of the people as envisaged in the quest for constitutional reform.
It would be important that all critical national institutions have the right people with the right skills, expertise and suitability that can be relied upon as custodians of these offices, hence they must be filled through a process consistent with the provisions of the Constitution. The debate must be about building bridges for national healing, harmony and mutual trust, all aimed at ensuring stability and national cohesion.
It must be about acknowledging our unique circumstances as a Government and a country and seeking ways and means of allowing compromises in the pursuit of public interest.
Leaders should not forget that the current structure of Government is not the most ideal but we must remain cognisant of the fact that it was a marriage of necessity out of a then deepening national crisis.
Our country is coming from a past where key constitutional offices like that of Chief Justice, Attorney-General, electoral commissioners and others were beholden to the Executive and the ruling party. The fact that the President could unilaterally appoint people to these positions was identified as an inherent weakness that could only be cured by introducing checks and balances in the Constitution.
This is why we have consistently held the position that if the appointment of people to fill in these key positions is left to the two principals to agree on as some have argued, the national quest for strong institutions would have taken a beating. It would be unfortunate for Kenyans to let the political class to nip in the bud the country’s aspirations.
History has bestowed on the Members of the Tenth Parliament the onerous but noble responsibility of getting the new Constitution up and running. They must live up to the task by staying sober and burning the midnight can oil to come up with the requisite legislation to ground it. If they continue with the political grandstanding and brinkmanship, they risk going down in history as the Parliament that missed an opportunity to book their place in the Hall of Fame.
On the other hand, Marende’s ruling gave the principals a second chance to reflect and give reason a chance when he ruled that the nominations were unconstitutional. However, yesterday’s assertion by Kibaki that he acted within the law now leaves the matter squarely in the realm of the constitutional court to determine.
The latest position taken by the President that he acted within the law is significant in the sense that all three arms appreciate the need for independence. It is therefore imperative that every arm of Government must carry out its mandate without meddling from any quarter.
Parliament must continue to play its role of making laws, the Executive must implement what is envisaged in the law while the Judiciary should interpret the law without fear or favour.
We are confident that the three judges will make their ruling without being influenced by any vested interests.
And as the country awaits the ruling by the constitutional court, we urge the two principals to act resolutely in lowering the political temperatures so as not to present a situation that opportunistic political actors intent on hurting their political opponents take advantage of to breed hatred, mistrust and disharmony.
We urge Kibaki and Raila to have the moral courage to lead their charges towards the higher ground of reason.
It would be unfortunate if the two principals and their lieutenants retreated to their corners to scheme on how to harden their positions for a final victory for that victory, if it is not for the people, will be hollow.

 

[Rutashubanyuma]

Kibaki list: JSC, CIC say action is unconstitutional


Published on 31/01/2011
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Leaders receive President Kibaki at Eldoret International airport recently. Some ODM MPs from Rift Valley and Western pr


By Standard Team
Could President Kibaki have bitten off more than he can chew in last week's nominations to four key constitutional offices?
Would Kenya's divided Parliament approve the President's nominees on the platform of ethnic and political considerations rather than the constitutionality of the process, competence and suitability of those proposed to the offices of Chief Justice, Attorney General, Director of Public Prosecutions, and the Director of Budget? Would the President's action backfire just as his decision to unilaterally give former anti-graft boss Justice Aaron Ringera another term? Or would the battle end up in Parliament with an unflattering ruling by Speaker Kenneth Marende that mirrors his choice of Vice President Kalonzo Musyoka as Leader of Government Business, given that the President has once again acted outside the provisions of the National Accord that holds together the Grand Coalition Government?
Independent Institutions
These are the question Kenyans were left asking even as two key independent institutions - Judicial Service Commission (JSC) and the Constitution Implementation Commission (CIC) - returned the verdict the President subverted the Law.
The statement by JSC was notably signed by occupants of the two constitutional officers to be replaced - Chief Justice Evan Gicheru and Attorney General Amos Wako.
"There is an urgent need for a rethink of the matter and to put the country first. That entails a withdrawal of the nominations and a fresh start," said the JSC in its statement read by High Court Registrar Lydia Achode who its secretary.
The wider implication of the President's move, and Raila's remonstrations, was discernible from the voice of Dr Kofi Annan, who brokered Kenya's peace deal. In his usual diplomatic speak, he urged Kibaki and Raila to "adhere to the Constitution".
The CIC, which is headed by lawyer Charles Nyachae, and whose mandate includes ensuring all aspects of the new Constitution are implemented in line with the spirit with which it was written and passed in the 2010 national referendum, challenged Kibaki and Raila to "provide forward looking and selfless leadership".

President Kibaki during the promulgation of the new Constitution at Uhuru Park last year. Dr Kofi Annan, who brokered Kenya's peace deal, has urged Kibaki and Raila to "adhere to the Constitution". [PHOTO: FILE/STANDARD]
The team also warned that the "ongoing debate is detrimental to implementation of the Constitution."
The two bodies declared the President, who arrived from Addis Ababa last evening, acted in bad faith by holding inconclusive consultations with Prime Minister Raila Odinga, then going ahead to pick the nominees. This, they argued, goes against the grain of the Constitution which requires there be consultation and unanimity or agreement between the two on appointments to the offices, set up by or about to be rendered vacant by the new Constitution.
‘Kibaki is wrong'
The ‘Kibaki is wrong' verdict came as the storm stirred by the latest row in the troubled Grand Coalition Cabinet built up, despite the President's response to Raila, given through Internal Security Minister Prof George Saitoti and Defence Minister Yussuf Haji that adequate consultations took place and there was no constitutional crisis. Further signs there was no let-up in the new tussle came with the news that the President, through the Head of the Civil Service and Secretary to the Cabinet Mr Francis Muthaura, has already forwarded the names to the Speaker of Parliament to await vetting by the House, which resumes its sittings today. National Assembly Clerk Mr Patrick Gichohi received the communication from Muthaura. Curiously, the President's aide sent the names to Speaker Kenneth Marende on the day the JSC, which should vet the appointment of judges, called on Kibaki to withdraw the names. Yesterday Marende said he had not received any communication from the PM informing him the list from Muthaura did not have his support.
The weight of the problem facing the country stood out in a letter Raila's Chief of Staff, Mr Karoli Omondi, sent on his behalf, to Muthaura on January 27th, a day before the controversial nominations, informing him it was the PM's wish that the "consultations be held sometime next week on a date convenient to the two principals." Karoli explained to Muthaura the PM was headed to Ethiopia to present his report on the Ivorian political crisis, in his capacity as the African Union-appointed mediator.
Consultative process
But as Muthaura rushed Kibaki's list to Parliament, sources within Raila's office revealed the PM would write to President Kibaki to formally protest his exclusion from the consultative process, contrary to the spirit and letter of the new Constitution as well as the National Accord that calmed Kenya's post-election violence in 2008 by way of power sharing between the two principals.
It was also revealed Raila's Orange Democratic Movement (ODM) party was planning to write to Marende spelling out its misgivings on the President's action, and asking him to rule if the appointments were in line with the Constitution, in the same way he did when the President sidestepped the PM and unilaterally picked the Vice President as the Leader of Government Business in Parliament.
But the President's Party of National Unity (PNU)- which is bracing for battle in Parliament over the nominations where it expects support from Rift Valley MPs who have rebelled against Raila - meets today under Kalonzo to plot against ODM. Marende explained now that he has Kibaki's list "parliamentary procedure will follow".
When MPs reconvene today, they are expected to debate the Vetting of Judges and Magistrates Bill and Judicial Service Bill that seek to reform the Judiciary.

 

[Rutashubanyuma]

Kibaki list: JSC, CIC say action is unconstitutional


Published on 31/01/2011
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By Standard Team
Could President Kibaki have bitten off more than he can chew in last week's nominations to four key constitutional offices?
Would Kenya’s divided Parliament approve the President’s nominees on the platform of ethnic and political considerations rather than the constitutionality of the process, competence and suitability of those proposed to the offices of Chief Justice, Attorney General, Director of Public Prosecutions, and the Director of Budget? Would the President’s action backfire just as his decision to unilaterally give former anti-graft boss Justice Aaron Ringera another term? Or would the battle end up in Parliament with an unflattering ruling by Speaker Kenneth Marende that mirrors his choice of Vice President Kalonzo Musyoka as Leader of Government Business, given that the President has once again acted outside the provisions of the National Accord that holds together the Grand Coalition Government?
Independent Institutions
These are the question Kenyans were left asking even as two key independent institutions — Judicial Service Commission (JSC) and the Constitution Implementation Commission (CIC) — returned the verdict the President subverted the Law.
The statement by JSC was notably signed by occupants of the two constitutional officers to be replaced — Chief Justice Evan Gicheru and Attorney General Amos Wako.
"There is an urgent need for a rethink of the matter and to put the country first. That entails a withdrawal of the nominations and a fresh start," said the JSC in its statement read by High Court Registrar Lydia Achode who its secretary.
The wider implication of the President’s move, and Raila’s remonstrations, was discernible from the voice of Dr Kofi Annan, who brokered Kenya’s peace deal. In his usual diplomatic speak, he urged Kibaki and Raila to "adhere to the Constitution".
The CIC, which is headed by lawyer Charles Nyachae, and whose mandate includes ensuring all aspects of the new Constitution are implemented in line with the spirit with which it was written and passed in the 2010 national referendum, challenged Kibaki and Raila to "provide forward looking and selfless leadership".

President Kibaki during the promulgation of the new Constitution at Uhuru Park last year. Dr Kofi Annan, who brokered Kenya's peace deal, has urged Kibaki and Raila to "adhere to the Constitution". [PHOTO: FILE/STANDARD]
The team also warned that the "ongoing debate is detrimental to implementation of the Constitution."
The two bodies declared the President, who arrived from Addis Ababa last evening, acted in bad faith by holding inconclusive consultations with Prime Minister Raila Odinga, then going ahead to pick the nominees. This, they argued, goes against the grain of the Constitution which requires there be consultation and unanimity or agreement between the two on appointments to the offices, set up by or about to be rendered vacant by the new Constitution.
‘Kibaki is wrong’
The ‘Kibaki is wrong’ verdict came as the storm stirred by the latest row in the troubled Grand Coalition Cabinet built up, despite the President’s response to Raila, given through Internal Security Minister Prof George Saitoti and Defence Minister Yussuf Haji that adequate consultations took place and there was no constitutional crisis. Further signs there was no let-up in the new tussle came with the news that the President, through the Head of the Civil Service and Secretary to the Cabinet Mr Francis Muthaura, has already forwarded the names to the Speaker of Parliament to await vetting by the House, which resumes its sittings today. National Assembly Clerk Mr Patrick Gichohi received the communication from Muthaura. Curiously, the President’s aide sent the names to Speaker Kenneth Marende on the day the JSC, which should vet the appointment of judges, called on Kibaki to withdraw the names. Yesterday Marende said he had not received any communication from the PM informing him the list from Muthaura did not have his support.
The weight of the problem facing the country stood out in a letter Raila’s Chief of Staff, Mr Karoli Omondi, sent on his behalf, to Muthaura on January 27th, a day before the controversial nominations, informing him it was the PM’s wish that the "consultations be held sometime next week on a date convenient to the two principals." Karoli explained to Muthaura the PM was headed to Ethiopia to present his report on the Ivorian political crisis, in his capacity as the African Union-appointed mediator.
Consultative process
But as Muthaura rushed Kibaki’s list to Parliament, sources within Raila’s office revealed the PM would write to President Kibaki to formally protest his exclusion from the consultative process, contrary to the spirit and letter of the new Constitution as well as the National Accord that calmed Kenya’s post-election violence in 2008 by way of power sharing between the two principals.
It was also revealed Raila’s Orange Democratic Movement (ODM) party was planning to write to Marende spelling out its misgivings on the President’s action, and asking him to rule if the appointments were in line with the Constitution, in the same way he did when the President sidestepped the PM and unilaterally picked the Vice President as the Leader of Government Business in Parliament.
But the President’s Party of National Unity (PNU)— which is bracing for battle in Parliament over the nominations where it expects support from Rift Valley MPs who have rebelled against Raila — meets today under Kalonzo to plot against ODM. Marende explained now that he has Kibaki’s list "parliamentary procedure will follow".
When MPs reconvene today, they are expected to debate the Vetting of Judges and Magistrates Bill and Judicial Service Bill that seek to reform the Judiciary.

 

[Rutashubanyuma]

PM's supporters censure Uhuru over remarks on stalemate


Updated 8 hr(s) 25 min(s) ago
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By Mutinda Mwanzia
Fifty professionals from South Rift have defended Prime Minister Raila Odinga against accusations he was to blame for the stalemate over the nomination of three constitutional office holders.
The professionals drawn from Kajiado and Narok counties criticised Deputy Prime Minister Uhuru Kenyatta for daring Raila to a popularity contest. They termed Uhuru a political lightweight compared to the PM.
"In fact, it is ridiculous for Uhuru to think that he measures up to Raila when his party Kanu performed dismally in the last elections. The number of his MPs is not even worth mentioning," said Joseph Sonkori, the chairman of the professional groups.
Sonkori said the nomination of Justice Alnashir Visram as Chief Justice, Prof Githu Muigai as Attorney General and Kioko Kilukumi as the Director of Public Prosecutions was unconstitutional.
Five city ODM councillors led by Kassim Jaffer also told Uhuru off, adding he was no match for Raila.
"Uhuru is joking and should pick his fights wisely," said Jaffer.
He urged Uhuru to concentrate on revamping Kanu as its fortunes had dwindled.
Uhuru's call
Yesterday, Sonkori who led the professionals at a news conference in a Nairobi hotel, dared Uhuru to live up to the popularity contest duel with Raila adding his stab at the presidency in 2002 was enough evidence of his capability.
"He failed to win the top seat that time despite the massive support and State resources at his disposal," said Sonkori.
On Thursday, Uhuru led Cabinet ministers allied to the Party of National Unity, and about 30 MPs to react angrily to the ruling by Speaker Kenneth Marende and accused Raila for the crisis surrounding the nominations, accusing him of dictating on the matter.
Uhuru challenged Raila to a popularity contest in the House to gauge who had the majority of MPs by their side.
"If indeed the Prime Minister commands a majority in the House, let's test it in the House then," Uhuru told a news conference at Parliament buildings.

 

[Rutashubanyuma]

PM's supporters censure Uhuru over remarks on stalemate


Updated 8 hr(s) 25 min(s) ago
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House team says Kirwa's nomination is 'unconstitutional'

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By Mutinda Mwanzia
Fifty professionals from South Rift have defended Prime Minister RailaOdinga against accusations he was to blame for the stalemate over the nomination of three constitutional office holders.
The professionals drawn from Kajiado and Narok counties criticised Deputy Prime Minister Uhuru Kenyatta for daring Raila to a popularity contest. They termed Uhuru a political lightweight compared to the PM.
"In fact, it is ridiculous for Uhuru to think that he measures up to Raila when his party Kanu performed dismally in the last elections. The number of his MPs is not even worth mentioning," said Joseph Sonkori, the chairman of the professional groups.
Sonkori said the nomination of Justice Alnashir Visram as Chief Justice, Prof Githu Muigai as AttorneyGeneral and Kioko Kilukumi as the Director of Public Prosecutions was unconstitutional.
Five city ODM councillors led by Kassim Jaffer also told Uhuru off, adding he was no match for Raila.
"Uhuru is joking and should pick his fights wisely," said Jaffer.
He urged Uhuru to concentrate on revamping Kanu as its fortunes had dwindled.
Uhuru’s call
Yesterday, Sonkori who led the professionals at a news conference in a Nairobi hotel, dared Uhuru to live up to the popularity contest duel with Raila adding his stab at the presidency in 2002 was enough evidence of his capability.
"He failed to win the top seat that time despite the massive support and State resources at his disposal," said Sonkori.
On Thursday, Uhuru led Cabinet ministers allied to the Party of National Unity, and about 30 MPs to react angrily to the ruling by Speaker Kenneth Marende and accused Raila for the crisis surrounding the nominations, accusing him of dictating on the matter.
Uhuru challenged Raila to a popularity contest in the House to gauge who had the majority of MPs by their side.
"If indeed the Prime Minister commands a majority in the House, let’s test it in the House then," Uhuru told a news conference at Parliament buildings.

 

[Rutashubanyuma]

Just how deep is Raila, ODM wound?


Published on 17/02/2011
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Kipkoech Tanui
If the wheels of Prime Minister Raila Odinga's political vehicle have a slow puncture, the question is whether he has noticed. When he drives around the country where it was painted orange, does he see the fade and loss of sparkle?
We could also ask if he has noticed the ‘play' on the steering wheel, gritty noise coming from ball-joints, tie-rod ends and drive shafts, and need for major service. Or could the Orange engine be needing overhaul and electrical system rewiring? Put another way, how does he plan to get new tyres to plug holes left by fleeing or lukewarm former diehard supporters and refurbish his vehicle to appeal for more passengers to replace those disembarking?
I have in mind PNU's mutilation of ODM's base in Western Province where little is heard of ‘deputy' captain Musalia Mudavadi except when defending ‘Luhya Unity'; North Eastern and Coast provinces where the mat that the PM used to walk on is rolling back; Rift Valley where doors are shutting; Gusiiland where he is seen as having overstayed his ‘welcome' and the rest of Nyanza, which he has in the bag; 50-50 Nairobi ; and hostile Eastern and Central provinces.
Because this is based on perception and not empirical data, I could be wrong.
Also, despite Raila's supporters dismissing these claims of ODM shrinkage as untrue and exaggerated, last week's opinion polls showed his popularity is on the wane, and in Wednesday's by-elections ODM lost badly in the civic category. This may sound harmless, but it is at the councillor level that we gauge the pulse of a party or leader at grassroots where there is little dilution and blur of national politics.
It is a different matter if, like a man who when he finds himself in a hole continues to dig, Raila endlessly praises the Grand Coalition and his rapport with Kibaki who is literally counting his days in office and politics. Why?
Because of such reckless statements that if the Ocampo Six are let free, there will be chaos next year.
Sweaty and hoarse
I do not like the siasa Uhuru Kenyatta and William Ruto are playing with their communities but like many, I presume them innocent until it is proven otherwise. That is the Kenyan law and is also The Hague's rule. Remember when Raila first disowned nominees Kibaki picked? Like in all past occasions he has taken on the President, he was an angry man. You could discern from his language and body language why his friend Mr James Orengo was sweaty and hoarse when he first spoke about the ‘betrayal'.
Then Raila told us Kibaki was a good guy and was misled by those around him! It sounded as hollow as arguing Jomo Kenyatta was misled by his friends to acquire swathes of lands for himself and them!
The climbdown was too fast, comical and at variance with the mood in his party. But the bigger question could be if Raila and ODM, at least what remains of it, is suffering from Kanu's malaise of complacency in 2002. It could also be applying Jogoo's prescription against Narc; trusting in past victories to win the present war.
Still, maybe Raila sees the faded Orange paint of his political vehicle as a statement of its roadworthiness and treats Ruto's group's exit as a mere scratch on the paintwork while the mechanical parts are intact.
Why? Because he might not be able to keep Ruto when Ruto wants out but surely, what about the rest of the party faithful?
Why is Raila not stoking the ODM embers afresh and restoring its past glow? Where are ODM Pentagon and those 2007 grandiose plans? Yes, Mrs Charity Ngilu and Prof Anyang' Nyong'o may be ill but where is Najib Balala, Joe Nyagah and more than 60 non-Kalenjin and non-Luo ODM MPs? I ask because I am seeing an increasingly ‘lonely' Raila on TV sandwiched by politicians from his community.
It is not good enough to argue ODM's postponed grassroots elections will overhaul Orange because party elections in Kenya are always a sham and divide the parties further. Again, it is not enough to claim ODM has been cannibalised by the tribal tendencies and burden of unrealistic expectations of those who wanted a full not nusu mkate.
Also, much as it is true ODM's woes are linked to the fact that PNU has both the knife and yam of State, why does Raila keep telling the country he is on equal footing with Kibaki and always seems to kowtow to him?
Of wheeler-dealers
Now the four perceptions Raila needs to battle:
The way he shared out the nusu mkate speaks a lot about what he would have done if he got a full loaf; He puts too much premium on Grand Coalition than most Kenyans do; Like Kibaki he is surrounded by wheeler-dealers and ‘political brokers' more keen at making hay before the 2012 sun shines; He is closer to Kibaki than Kibaki is to him; Though a former detainee, he lacks courage and would rather keep ministers who spit at him in Cabinet for fear of disturbing the peace; In him is another good President Kenya may never have; And though he is neither a limping sheep nor a cat but a lion that has been merely rained on... he is sleeping peacefully but may wake up too late and find he has been defanged and declawed.
The writer is Managing Editor, Daily Editions, at The Standard.
ktanui@standardmedia.co.ke

 

[Rutashubanyuma]

Just how deep is Raila, ODM wound?


Published on 17/02/2011
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Kipkoech Tanui
If the wheels of Prime Minister Raila Odinga’s political vehicle have a slow puncture, the question is whether he has noticed. When he drives around the country where it was painted orange, does he see the fade and loss of sparkle?
We could also ask if he has noticed the ‘play’ on the steering wheel, gritty noise coming from ball-joints, tie-rod ends and drive shafts, and need for major service. Or could the Orange engine be needing overhaul and electrical system rewiring? Put another way, how does he plan to get new tyres to plug holes left by fleeing or lukewarm former diehard supporters and refurbish his vehicle to appeal for more passengers to replace those disembarking?
I have in mind PNU’s mutilation of ODM’s base in Western Province where little is heard of ‘deputy’ captain Musalia Mudavadi except when defending ‘Luhya Unity’; North Eastern and Coast provinces where the mat that the PM used to walk on is rolling back; Rift Valley where doors are shutting; Gusiiland where he is seen as having overstayed his ‘welcome’ and the rest of Nyanza, which he has in the bag; 50-50 Nairobi ; and hostile Eastern and Central provinces.
Because this is based on perception and not empirical data, I could be wrong.
Also, despite Raila’s supporters dismissing these claims of ODM shrinkage as untrue and exaggerated, last week’s opinion polls showed his popularity is on the wane, and in Wednesday’s by-elections ODM lost badly in the civic category. This may sound harmless, but it is at the councillor level that we gauge the pulse of a party or leader at grassroots where there is little dilution and blur of national politics.
It is a different matter if, like a man who when he finds himself in a hole continues to dig, Raila endlessly praises the Grand Coalition and his rapport with Kibaki who is literally counting his days in office and politics. Why?
Because of such reckless statements that if the Ocampo Six are let free, there will be chaos next year.
Sweaty and hoarse
I do not like the siasa Uhuru Kenyatta and William Ruto are playing with their communities but like many, I presume them innocent until it is proven otherwise. That is the Kenyan law and is also The Hague’s rule. Remember when Raila first disowned nominees Kibaki picked? Like in all past occasions he has taken on the President, he was an angry man. You could discern from his language and body language why his friend Mr James Orengo was sweaty and hoarse when he first spoke about the ‘betrayal’.
Then Raila told us Kibaki was a good guy and was misled by those around him! It sounded as hollow as arguing Jomo Kenyatta was misled by his friends to acquire swathes of lands for himself and them!
The climbdown was too fast, comical and at variance with the mood in his party. But the bigger question could be if Raila and ODM, at least what remains of it, is suffering from Kanu’s malaise of complacency in 2002. It could also be applying Jogoo’s prescription against Narc; trusting in past victories to win the present war.
Still, maybe Raila sees the faded Orange paint of his political vehicle as a statement of its roadworthiness and treats Ruto’s group’s exit as a mere scratch on the paintwork while the mechanical parts are intact.
Why? Because he might not be able to keep Ruto when Ruto wants out but surely, what about the rest of the party faithful?
Why is Raila not stoking the ODM embers afresh and restoring its past glow? Where are ODM Pentagon and those 2007 grandiose plans? Yes, Mrs Charity Ngilu and Prof Anyang’ Nyong’o may be ill but where is Najib Balala, Joe Nyagah and more than 60 non-Kalenjin and non-Luo ODM MPs? I ask because I am seeing an increasingly ‘lonely’ Raila on TV sandwiched by politicians from his community.
It is not good enough to argue ODM’s postponed grassroots elections will overhaul Orange because party elections in Kenya are always a sham and divide the parties further. Again, it is not enough to claim ODM has been cannibalised by the tribal tendencies and burden of unrealistic expectations of those who wanted a full not nusu mkate.
Also, much as it is true ODM’s woes are linked to the fact that PNU has both the knife and yam of State, why does Raila keep telling the country he is on equal footing with Kibaki and always seems to kowtow to him?
Of wheeler-dealers
Now the four perceptions Raila needs to battle:
The way he shared out the nusu mkate speaks a lot about what he would have done if he got a full loaf; He puts too much premium on Grand Coalition than most Kenyans do; Like Kibaki he is surrounded by wheeler-dealers and ‘political brokers’ more keen at making hay before the 2012 sun shines; He is closer to Kibaki than Kibaki is to him; Though a former detainee, he lacks courage and would rather keep ministers who spit at him in Cabinet for fear of disturbing the peace; In him is another good President Kenya may never have; And though he is neither a limping sheep nor a cat but a lion that has been merely rained on... he is sleeping peacefully but may wake up too late and find he has been defanged and declawed.
The writer is Managing Editor, Daily Editions, at The Standard.
ktanui@standardmedia.co.ke

 

[Rutashubanyuma]

MPs want Raila probed over remarks on chaos


Published on 16/02/2011
Related Stories

Prime Minister Raila Odinga said if post-poll chaos masterminds are not prosecuted, chances of violence recurring in 20

Demands by MPs for PM to produce evidence hypocritical

Ruling Reaction MPS Reaction

Circus goes on: Committees fail to find consensus

Vice-Chairman of the Finance Committee, Philip Kaloki (left) with some of the committee members at Parliament Buildings,

PNU's Joseph Gitari is Kirinyaga Central MP-elect


By Athman Amran
A section of MPs want Prime Minister Raila Odinga to volunteer information to police on leaders he allegedly claims could cause election chaos in 2012.
Some ODM rebel MPs joined their PNU counterparts to demand action against the premier, whom they say has been insisting perpetrators of the 2007/08 post-election violence should be punished lest they cause ‘worse chaos' in 2012 General Election.
The MPs have called on Police Commissioner Mathew Iteere to force Raila to give information on what he allegedly knew about the possible chaos in 2012.
"The country wants to know how he has arrived at this conclusion and who will be involved in planning the violence," they said in a statement read by Tigania East MP Peter Munya at Parliament Buildings Wednesday.
The statement came after a luncheon meeting, which was attended by about 30 PNU legislators among them Deputy Prime Minister Uhuru Kenyatta. The meeting was also attended by ODM rebel MPs including William Ruto (Eldoret North), Adan Duale (Dujis) and Benjamin Langat (Ainamoi).
The violence
However, Uhuru and Ruto did not attend the news conference after the meeting. The two are among the six who were named by ICC prosecutor Luis Moreno-Ocampo as individuals bearing the greatest responsibility in the post-election violence.
More than 1,000 people were killed during the mayhem and about 500,000 others left homeless, some of who are still living at IDP camps.
Yesterday, the MPs also called on National Cohesion and Integration Commission chairman Mzalendo Kibunjia to take action against Raila over the remarks he made in Wajir on Monday.
Raila, who had gone to Wajir to mark 27 years after the Wagalla massacre, said persistent impunity had seen many crimes go unpunished.
"Those who planned and executed violence during the last election must be punished, even if I am one of them or else such people could cause worse chaos in 2012," Raila was quoted as saying.
Kirwa's case
"He should tell us what intelligence report he got and how the elections will be chaotic," the PNU MPs demanded, Wednesday.
They also claimed the rejection of William Kirwa's nomination as Controller of Budget by the parliamentary Committee on Finance was unfair.

 

[Rutashubanyuma]

MPs want Raila probed over remarks on chaos


Published on 16/02/2011
Related Stories

Prime Minister Raila Odinga said if post-poll chaos masterminds are not prosecuted, chances of violence recurring in 20

Demands by MPs for PM to produce evidence hypocritical

Ruling Reaction MPS Reaction

Circus goes on: Committees fail to find consensus

Vice-Chairman of the Finance Committee, Philip Kaloki (left) with some of the committee members at Parliament Buildings,

PNU's Joseph Gitari is Kirinyaga Central MP-elect


By Athman Amran
A section of MPs want Prime Minister Raila Odinga to volunteer information to police on leaders he allegedly claims could cause election chaos in 2012.
Some ODM rebel MPs joined their PNU counterparts to demand action against the premier, whom they say has been insisting perpetrators of the 2007/08 post-election violence should be punished lest they cause ‘worse chaos’ in 2012 General Election.
The MPs have called on Police Commissioner Mathew Iteere to force Raila to give information on what he allegedly knew about the possible chaos in 2012.
"The country wants to know how he has arrived at this conclusion and who will be involved in planning the violence," they said in a statement read by Tigania East MP Peter Munya at Parliament Buildings Wednesday.
The statement came after a luncheon meeting, which was attended by about 30 PNU legislators among them Deputy Prime Minister Uhuru Kenyatta. The meeting was also attended by ODM rebel MPs including William Ruto (Eldoret North), Adan Duale (Dujis) and Benjamin Langat (Ainamoi).
The violence
However, Uhuru and Ruto did not attend the news conference after the meeting. The two are among the six who were named by ICC prosecutor Luis Moreno-Ocampo as individuals bearing the greatest responsibility in the post-election violence.
More than 1,000 people were killed during the mayhem and about 500,000 others left homeless, some of who are still living at IDP camps.
Yesterday, the MPs also called on National Cohesion and Integration Commission chairman Mzalendo Kibunjia to take action against Raila over the remarks he made in Wajir on Monday.
Raila, who had gone to Wajir to mark 27 years after the Wagalla massacre, said persistent impunity had seen many crimes go unpunished.
"Those who planned and executed violence during the last election must be punished, even if I am one of them or else such people could cause worse chaos in 2012," Raila was quoted as saying.
Kirwa’s case
"He should tell us what intelligence report he got and how the elections will be chaotic," the PNU MPs demanded, Wednesday.
They also claimed the rejection of William Kirwa’s nomination as Controller of Budget by the parliamentary Committee on Finance was unfair.

 

[Rutashubanyuma]

House team says Kirwa's nomination is 'unconstitutional'


Published on 16/02/2011
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Raila accused of hate speech against Mt Kenya residents


By Alex Ndegwa and Martin Mutua
One of the House committees interrogating nominations to crucial constitutional offices has ruled the nominee for Controller of Budget is sent back to the two principals to 'consult' afresh.
The President's letter to the Speaker communicating the list disowned by his main coalition partner appeared to be literally resealed and marked ‘return to sender', even as Kenyans awaited resolution to the impasse threatening to erode, further, the credibility of the four constitutional offices.
The ruling set the stage for a return to the negotiating table by President Kibaki
who announced the nominations and Prime Minister Raila Odinga who disowned them, saying he was not consulted.
The standoff came out when Raila disputed the list, called for a transparent and competitive process, and wrote to the Speaker accusing the President of acting unilaterally, and against the Constitution and National Accord. The Accord is the pillar of his 2008 power-sharing deal with Kibaki.
The Finance Committee led by Nambale MP, Chris Okemo, also tactfully left a window for Parliament to approve the nomination of William Kirwa, if it so wishes.
The development came, as it also emerged Raila met Kibaki at his Harambee House offices. Even though the official position was that they spoke about drought ravaging the country, the possibility the nominations came up could not be ruled out. This was so because, it was expected that Marende would give a ruling in yesterday afternoon. Their parties also held separate meetings either to defend or reject the outcome depending on their interests.
The committee, whose decision is widely expected to be replicated by Justice Committee, which is examining nominations to three top judicial offices and whose report is awaited today, took the decision on the basis of the Constitution.
Today Parliament is expected to debate the Finance Committee report tabled yesterday, and the Justice teams, which Speaker Kenneth Marende ordered, must be presented to the House at 12:30pm today. Both committees, whose proceedings have been rocked by spillover of rivalries between the two principals, were to present their reports yesterday after an extension sanctioned by the Speaker. But the Justice team was yet to reach consensus on the nominees.
"The committee recommends that pursuant to Article 228(1) of the Constitution of Kenya the nomination of Mr. William Kipkemboi Kirwa for the position of Controller of Budget be returned to the two principals for nomination in a manner that meets the stringent legal requirements,'' ruled the committee.
bid rejected
It added the new Constitution, "set a higher threshold than the actions of the two principals", a statement that seemingly placed the blame for the debacle squarely and proportionately on the shoulders of Kibaki and Raila.
Yesterday, Marende who referred the Kibaki-Raila disagreement to the two committees, and who expected to give his own ruling tomorrow, rejected a bid by Justice team headed by Budalang'i MP Ababu Namwamba to be allowed a longer extension.
Marende said his refusal was informed by the fact that controversy over the nominations was causing national anxiety. He could also have been referring to the credibility crisis the standoff is posing for the four offices, which are supposed to be free from political control. They are the Chief Justice, Attorney General, Director of Public Prosecutions, and Controller of Budget.
The Speaker appeared to have his finger on the pulse of the nation when he said the row was causing anxiety, and it was evident a storm was building up over the dispute around the nominations of Justice Alnashir Visram for CJ, Githu Muigai (AG), Kioko Kilukumi (DPP) and Kirwa.

 

[Rutashubanyuma]

House team says Kirwa's nomination is 'unconstitutional'


Published on 16/02/2011
Related Stories

Marende ruling triggers storm in coalition

MPs stunned by Marende's ruling, plot to reverse it

Committee denied chance to table report

Kibaki, Muthaura and security chiefs meet envoys over ICC deferral bid

President Kibaki poses for a picture after addressing 23 Kenyan envoys and top Foreign and Security officials Tuesday at

Raila accused of hate speech against Mt Kenya residents


By Alex Ndegwa and Martin Mutua
One of the House committees interrogating nominations to crucial constitutional offices has ruled the nominee for Controller of Budget is sent back to the two principals to 'consult' afresh.
The President’s letter to the Speaker communicating the list disowned by his main coalition partner appeared to be literally resealed and marked ‘return to sender’, even as Kenyans awaited resolution to the impasse threatening to erode, further, the credibility of the four constitutional offices.
The ruling set the stage for a return to the negotiating table by President Kibaki
who announced the nominations and Prime Minister Raila Odinga who disowned them, saying he was not consulted.
The standoff came out when Raila disputed the list, called for a transparent and competitive process, and wrote to the Speaker accusing the President of acting unilaterally, and against the Constitution and National Accord. The Accord is the pillar of his 2008 power-sharing deal with Kibaki.
The FinanceCommittee led by Nambale MP, Chris Okemo, also tactfully left a window for Parliament to approve the nomination of William Kirwa, if it so wishes.
The development came, as it also emerged Raila met Kibaki at his Harambee House offices. Even though the official position was that they spoke about drought ravaging the country, the possibility the nominations came up could not be ruled out. This was so because, it was expected that Marende would give a ruling in yesterday afternoon. Their parties also held separate meetings either to defend or reject the outcome depending on their interests.
The committee, whose decision is widely expected to be replicated by Justice Committee, which is examining nominations to three top judicial offices and whose report is awaited today, took the decision on the basis of the Constitution.
Today Parliament is expected to debate the Finance Committee report tabled yesterday, and the Justice teams, which Speaker Kenneth Marende ordered, must be presented to the House at 12:30pm today. Both committees, whose proceedings have been rocked by spillover of rivalries between the two principals, were to present their reports yesterday after an extension sanctioned by the Speaker. But the Justice team was yet to reach consensus on the nominees.
"The committee recommends that pursuant to Article 228(1) of the Constitution of Kenya the nomination of Mr. William Kipkemboi Kirwa for the position of Controller of Budget be returned to the two principals for nomination in a manner that meets the stringent legal requirements,’’ ruled the committee.
bid rejected
It added the new Constitution, "set a higher threshold than the actions of the two principals", a statement that seemingly placed the blame for the debacle squarely and proportionately on the shoulders of Kibaki and Raila.
Yesterday, Marende who referred the Kibaki-Raila disagreement to the two committees, and who expected to give his own ruling tomorrow, rejected a bid by Justice team headed by Budalang’i MP Ababu Namwamba to be allowed a longer extension.
Marende said his refusal was informed by the fact that controversy over the nominations was causing national anxiety. He could also have been referring to the credibility crisis the standoff is posing for the four offices, which are supposed to be free from political control. They are the Chief Justice, Attorney General, Director of Public Prosecutions, and Controller of Budget.
The Speaker appeared to have his finger on the pulse of the nation when he said the row was causing anxiety, and it was evident a storm was building up over the dispute around the nominations of Justice Alnashir Visram for CJ, Githu Muigai (AG), Kioko Kilukumi (DPP) and Kirwa.

 

[Rutashubanyuma]

Raila accused of hate speech against Mt Kenya residents


Published on 16/02/2011
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Raila says MPs meddling in telephony wars

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Raila still ahead of pack despite waning support


By FRANCIS NGIGE AND JAMES MUNYEKI
The Party of National Unity is now accusing Prime Minister Raila Odinga of propagating a hate campaign against the Mt Kenya people.
Party Deputy Secretary General Jeremiah Kioni said the Premier had hatched a plot to create a wedge between Mt Kenya people and the rest of Kenyans.
Kioni also the Ndaragwa MP has demanded that the National Cohesion and Integration Commission investigate Raila over claims he allegedly made in North Eastern last week.
"The trend that was used in 1997 is being replicated. Some politicians want to create a wedge between certain communities," said Kioni.
Kioni claimed that the PM told a meeting in Wajir that people from Mt Kenya region perpetrated the Wagalla massacre.
The MP said the party would write to the commission to have Raila probed over incitement.
Kioni said that the sentiments were likely to destabilise the prevailing peace between the people from the two regions.
He regretted that such utterances were not expected from a person serving in government to claim that the same government perpetrated the massacre.
"This is one way of inciting Kenyans by going round the country and opening old wounds claiming that the government and individuals from Mt Kenya region are responsible for committing grave injustice. That is why we want him probed," he noted.
The Nda ragwa MP cited that such incitement statements had been made when Raila was at the Coast to deliberate on Port privatisation, in Taita and in Mau Narok on IDP resettlement.
"We have all these recorded statements when the PM incited the people and we will forward them to the commission led by Mzalendo Kibunjia. We want Kibunja to take action," he noted.
The lawmaker claimed that the PM had embarked on divisive politics after losing numbers in parliament.
He instead called on the Kenya National Human Rights Commission to investigate the Wagalla massacre and not let politicians take over the matter.
"Political leaders should let KNHCR take over the matter and investigate it. It should not be a blame game as it will destabilise the country," he noted.
In a statement issued yesterday, the MP said that the utterances by the premier were similar to those made by politicians before the 2007 post election violence and should be shunned.
"We should not let this happen again and inciting statements should not be allowed to be made. All the commissions should do their work as required by the law," he observed.

 

[Rutashubanyuma]

Vice-Chairman of the Finance Committee, Philip Kaloki (left) with some of the committee members at Parliament Buildings, Wednesday. Five MPs distanced themselves from the report tabled by the chairman Chris Okemo rejecting nomination of William Kirwa as Controller of Budget. [PHOTO: Andrew Kilonzi]


Published on 16/02/2011
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[Rutashubanyuma]

About the judges who will hear the constitutional reference case


Updated 9 hr(s) 3 min(s) ago
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Go after the monster Lumumba, for the country is behind you


By Standard Reporter
Last week Justice Daniel Musinga while ruling on a case filed by several Non-Governmental Organisations declared President Kibaki's nominations list as being in Parliament unconstitutionally and issued an injuction to stop any arm of Government from proceeding with the matter.
He referred the issue to Chief Justice Evan Gicheru to appoint judges to listen to the constituional reference. The Chief Justice appointed Justices Kalpana Rawal, George Dulu and Luka Kimaru.
The matter comes up before the three judge bench on Monday. Below are their profiles.
Lady Justice KH Rawal
She started her career in law by teaching Administration Police officers at Lower Kabete in 1975. She has more than 20 years experience in practice as an advocate, three of which she spent as an advocate of the High Court of India and the rest in Kenya. She holds Bachelors of Arts, and Bachelor and Master of Laws in constitutional and administrative law. In 1975, she became the first woman lawyer to establish private practice in
Kenya. Prior to her appointment as a Commissioner of Assize in July, 1999 she was a practitioner in criminal law, family law, commercial law and conveyancing. She was appointed High Court judge in June 2000.
She was recently appointed to assist top security chiefs record statements with the International Criminal Court.
Justice George Dulu
Judge Dulu was appointed a judge of the High Court in October 2003.
He holds a Bachelors degree in law from the University of Nairobi and a Masters in International Maritime Law. He worked as a State counsel in the office of the Attorney General in 1979 and in February 1984, he joined Kenya Ports Authority as a legal officer handling commercial contracts, conveyancing, and court litigation on behalf of the authority. In 1995 to 2003, he was KPA's Corporation Secretary and Head of Legal Services.
Justice Luka Kimaru
He was appointed High Court judge in December 2003.
He has worked in various stations and he is currently in the Family Division of the High Court. He served in the Civil Division for five months, Nakuru High Court for four years and Commercial Court for two years.
The judge holds a Bachelors degree in Law from the University of Nairobi and is currently pursuing his Masters degree in Law at the same university.

 

[Rutashubanyuma]

About the judges who will hear the constitutional reference case


Updated 9 hr(s) 3 min(s) ago
Related Stories

Security chiefs ‘not party’ to ICC statements suit

Lawyers of 'wanted' officials off to Hague

Set record straight on ICC, security chiefs

Security chiefs call on ICC to stop trial

Security chiefs say Ocampo questions incriminating

Go after the monster Lumumba, for the country is behind you


By Standard Reporter
Last week Justice Daniel Musinga while ruling on a case filed by several Non-Governmental Organisations declared President Kibaki’s nominations list as being in Parliament unconstitutionally and issued an injuction to stop any arm of Government from proceeding with the matter.
He referred the issue to Chief Justice Evan Gicheru to appoint judges to listen to the constituional reference. The Chief Justice appointed Justices Kalpana Rawal, George Dulu and Luka Kimaru.
The matter comes up before the three judge bench on Monday. Below are their profiles.
Lady Justice KH Rawal
She started her career in law by teaching Administration Police officers at Lower Kabete in 1975. She has more than 20 years experience in practice as an advocate, three of which she spent as an advocate of the High Court of India and the rest in Kenya. She holds Bachelors of Arts, and Bachelor and Master of Laws in constitutional and administrative law. In 1975, she became the first woman lawyer to establish private practice in
Kenya. Prior to her appointment as a Commissioner of Assize in July, 1999 she was a practitioner in criminal law, family law, commercial law and conveyancing. She was appointed High Court judge in June 2000.
She was recently appointed to assist top security chiefs record statements with the International Criminal Court.
Justice George Dulu
Judge Dulu was appointed a judge of the High Court in October 2003.
He holds a Bachelors degree in law from the University of Nairobi and a Masters in International Maritime Law. He worked as a State counsel in the office of the Attorney General in 1979 and in February 1984, he joined Kenya Ports Authority as a legal officer handling commercial contracts, conveyancing, and court litigation on behalf of the authority. In 1995 to 2003, he was KPA’s Corporation Secretary and Head of Legal Services.
Justice Luka Kimaru
He was appointed High Court judge in December 2003.
He has worked in various stations and he is currently in the Family Division of the High Court. He served in the Civil Division for five months, Nakuru High Court for four years and Commercial Court for two years.
The judge holds a Bachelors degree in Law from the University of Nairobi and is currently pursuing his Masters degree in Law at the same university.

 

[Rutashubanyuma]

PNU members Jeremiah Kioni (left) and George Nyamweya address a press conference at the party headquarters yesterday. They said House Speaker Kenneth Marende erred in his ruling. [PICTURE: STAFFORD ONDEGO/STANDARD]

 

[Rutashubanyuma]

Kibaki withdraws list of nominees, PM welcomes move

President Kibaki addresses the media at the at the Kenyatta International Conference Centre, Nairobi February 22, 2011 where he announced that he had withdrawn his nominations to four constitutional offices. STEPHEN MUDIARI
By ANTHONY KARIUKIPosted Tuesday, February 22 2011 at 15:40

President Kibaki has withdrawn his controversial nominations to four constitutional offices.

Related Stories

• Raila to address nation over nominations
• Kibaki set to meet MPs

Related Downloads

• DOWNLOAD: President Kibaki's statement
• DOWNLOAD: Speaker's ruling blocks Kibaki nominees

The President said that whereas he acted within his constitutional mandate in making the nominations, the matter was of great national importance.

"Following extensive consultations with a large section of Members of Parliament in order to ensure that national interest remains paramount, I reiterate that both the Legal and Justice Committee of Parliament as well as the Committee on Finance and Trade concluded that I have acted within my constitutional mandate in the execution of the nominations," he said at the Kenyatta International Conference Centre, Nairobi.

"However, 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," said President Kibaki.

"In regard to nomination of the Attorney General, I have invited the Prime Minister for further consultations.

"I have also decided that the positions of Director of Public Prosecutions and Controller of Budget should be advertised through the Public Service Commission," he said.

President Kibaki said the move will "enable us to move forward with the implementation process of the Constitution".

Country

He appealed to Kenyans to remain united as we the country forges ahead with process of implementing the constitution.

In a rejoinder, Prime Minister Raila Odinga welcomed the move to seek consensus on the nominations.

He said President Kibaki had shown "courage" in withdrawing his nominees to the Chief Justice, Attorney General, Director of Public Prosecutions and Controller of Budget.

"I want to begin by paying tribute to President Mwai Kibaki for his courage in withdrawing the controversial nominations and all Kenyans are pleased that wise counsel has prevailed," said Mr Odinga during a news conference at his Shell and BP House, Nairobi.

He said that Kenya's reform project would never go asunder as long as good faith, constant consultations, willingness to compromise as outlined in the National Accord and national values under the constitution.

Mr Odinga, however, expressed reservations that the Public Service Commission, which the President had indicated should lead the process of nominating the next DPP and Controller of Budget had not been reconstituted as envisaged by the new law.

He suggested that a competent panel be put in place to take over the process.

"The current Public Service Commission has not been reconstituted in accordance with the new constitution. That is why we are saying that it only provides the secretariat, to do things like advertising of the jobs but the interviews should be conducted by an independent panel of experts," Mr Odinga said.

Gichugu MP Martha Karua said onTwitter: "Katiba (Constitution) wins round one as Kibaki withdraws the controversial four nominees."

On Monday, Attorney General Amos Wako told a court that the nominations were improper.

A senior state counsel, Ms Wanjiku Mbiyu, said the Judicial Service Commission was ignored when the President nominated Justice Alnashir Visram to succeed outgoing Chief Justice Evan Gicheru.

"The Attorney General's position is and has been JSC was not involved in the appointment as required under the Constitution," Ms Mbiyu told a three-judge bench.

1 | 2 Next Page »


Add a comment (206 comments so far)
You need to login first to submit a comment.

1. Submitted by vunjamifupa
   Posted February 23, 2011 09:20 AM
   you have made my day. a wise man is the one who humbles himself and reconsider his stand and acts in the interest of the country in this context.thank you baba Kibaki.
   
   
2. Submitted by w47cha
   Posted February 23, 2011 09:02 AM
   I do not think it is even logical to congratulate the Kibaki. Sometimes during the crisis I thought Kibaki must be having some mental problems.
   
   
3. Submitted by lennyville
   Posted February 23, 2011 08:39 AM
   i hate it when its only kenyans in US and UK commenting about the bull going on in kenya,wake up peeps MARTHA KARUA 2012.
   
   

 

[Rutashubanyuma]

Kibaki withdraws list of nominees, PM welcomes move

President Kibaki addresses the media at the at the Kenyatta International Conference Centre, Nairobi February 22, 2011 where he announced that he had withdrawn his nominations to four constitutional offices. STEPHEN MUDIARI
By ANTHONY KARIUKIPosted Tuesday, February 22 2011 at 15:40

President Kibaki has withdrawn his controversial nominations to four constitutional offices.

Related Stories

• Raila to address nation over nominations
• Kibaki set to meet MPs

Related Downloads

• DOWNLOAD: President Kibaki's statement
• DOWNLOAD: Speaker's ruling blocks Kibaki nominees

The President said that whereas he acted within his constitutional mandate in making the nominations, the matter was of great national importance.

"Following extensive consultations with a large section of Members of Parliament in order to ensure that national interest remains paramount, I reiterate that both the Legal and Justice Committee of Parliament as well as the Committee on Finance and Trade concluded that I have acted within my constitutional mandate in the execution of the nominations," he said at the Kenyatta International Conference Centre, Nairobi.

"However, 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," said President Kibaki.

"In regard to nomination of the Attorney General, I have invited the Prime Minister for further consultations.

"I have also decided that the positions of Director of Public Prosecutions and Controller of Budget should be advertised through the Public Service Commission," he said.

President Kibaki said the move will "enable us to move forward with the implementation process of the Constitution".

Country

He appealed to Kenyans to remain united as we the country forges ahead with process of implementing the constitution.

In a rejoinder, Prime Minister Raila Odinga welcomed the move to seek consensus on the nominations.

He said President Kibaki had shown "courage" in withdrawing his nominees to the Chief Justice, Attorney General, Director of Public Prosecutions and Controller of Budget.

"I want to begin by paying tribute to President Mwai Kibaki for his courage in withdrawing the controversial nominations and all Kenyans are pleased that wise counsel has prevailed," said Mr Odinga during a news conference at his Shell and BP House, Nairobi.

He said that Kenya's reform project would never go asunder as long as good faith, constant consultations, willingness to compromise as outlined in the National Accord and national values under the constitution.

Mr Odinga, however, expressed reservations that the Public Service Commission, which the President had indicated should lead the process of nominating the next DPP and Controller of Budget had not been reconstituted as envisaged by the new law.

He suggested that a competent panel be put in place to take over the process.

"The current Public Service Commission has not been reconstituted in accordance with the new constitution. That is why we are saying that it only provides the secretariat, to do things like advertising of the jobs but the interviews should be conducted by an independent panel of experts,” Mr Odinga said.

Gichugu MP Martha Karua said onTwitter: "Katiba (Constitution) wins round one as Kibaki withdraws the controversial four nominees."

On Monday, Attorney General Amos Wako told a court that the nominations were improper.

A senior state counsel, Ms Wanjiku Mbiyu, said the Judicial Service Commission was ignored when the President nominated Justice Alnashir Visram to succeed outgoing Chief Justice Evan Gicheru.

“The Attorney General’s position is and has been JSC was not involved in the appointment as required under the Constitution,” Ms Mbiyu told a three-judge bench.

1 | 2 Next Page »


Add a comment (206 comments so far)
You need to login first to submit a comment.

1. Submitted by vunjamifupa
   Posted February 23, 2011 09:20 AM
   you have made my day. a wise man is the one who humbles himself and reconsider his stand and acts in the interest of the country in this context.thank you baba Kibaki.
2. Submitted by w47cha
   Posted February 23, 2011 09:02 AM
   I do not think it is even logical to congratulate the Kibaki. Sometimes during the crisis I thought Kibaki must be having some mental problems.
3. Submitted by lennyville
   Posted February 23, 2011 08:39 AM
   i hate it when its only kenyans in US and UK commenting about the bull going on in kenya,wake up peeps MARTHA KARUA 2012.

 

[Rutashubanyuma]

AG disowns Kibaki list in court hearing

By RICHARD MUNGUTI rmunguti@ke.nationmedia.com and MAUREEN NGESA mngesa@ke.nationmedia.comPosted Monday, February 21 2011 at 21:00
In Summary

• Government's chief legal adviser takes a stance backing suit against nominations

The Attorney General has told a court that nominations by President Kibaki to key constitutional offices were improper.

Related Stories

• Yet another false step for President
• It's wrong, Kibaki told as Speaker gets the list
• Kibaki withdraws list of nominees, PM welcomes move
• Kibaki walking a tightrope over nominations to key State posts
• Speaker holds back, but judge rules list illegal

A senior state counsel, Ms Wanjiku Mbiyu, said the Judicial Service Commission was ignored when the President nominated Justice Alnashir Visram to succeed outgoing Chief Justice Evan Gicheru.

"The Attorney General's position is and has been JSC was not involved in the appointment as required under the Constitution," Ms Mbiyu told a three-judge bench.

The state attorney is representing the Government in a suit filed by rights organisation 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.

Last week National Assembly Speaker Kenneth Marende declared the nominations unconstitutional, sparking a bitter row between President Kibaki's and Prime Minister Raila Odinga's respective wings of the coalition government.

Protesting Mr Marende's ruling shortly afterwards, President Kibaki said he would await the decision of the Constitutional Court.

Lost first round

But by then, the government had already lost the first round in the High Court when Justice Daniel Musinga declared the nominations illegal after Attorney General Amos Wako failed to raise any opposition.

Mr Wako is the chief legal advisor to the government and the official respondent in any lawsuit against the State.

Mr Justice Musinga directed all the human rights organisations that appeared before him to present their arguments before three judges appointed last week by Chief Justice Gicheru for determination.

The Constitutional Court comprises Judges Kalpana Rawal, George Dulu and Luka Kimaru. It will respond to all the issues raised by the groups seeking to have the whole process of appointments quashed. The case will be heard on March 2.

The three judges have assured the parties in court that they will only be focusing on the legal aspects of the nominations and will not tolerate nor concede to any political pressure.

They were responding to concerns by the lawyer of the petitioners, who accused the CJ of rushing the case.

Lawyer Alice Wahome, representing the group of NGOs that moved to court to challenge the nominations, said the case was not mature for hearing, yet Justice Gicheru appointed the judges and placed the hearing dates.

"This court is concerned about the legal issues in the petition and not the political aspect of it," Mr Justice Kimaru said.

The case was scheduled for hearing yesterday, but failed to start, with lawyers saying they were not prepared for the hearing.

According to Ms Wahome, the issues raised in the case are grave and sensitive and require adequate preparation.

The hearing is now likely to take longer as 14 more groups were allowed to join the case as interested parties.

Among those who will be represented in the case are Orange Democratic Movement and Federation of Women Lawyers - Kenya (Fida-K). The President's Party of National Unity joined the case last week.

Eight NGOs that filed the case say the nominations were made in total disregard of provisions of the Constitution requiring consultation and consideration of gender equity.

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[Rutashubanyuma]

AG disowns Kibaki list in court hearing

By RICHARD MUNGUTI rmunguti@ke.nationmedia.com and MAUREEN NGESA mngesa@ke.nationmedia.comPosted Monday, February 21 2011 at 21:00
In Summary

• Government’s chief legal adviser takes a stance backing suit against nominations

The Attorney General has told a court that nominations by President Kibaki to key constitutional offices were improper.

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• It’s wrong, Kibaki told as Speaker gets the list
• Kibaki withdraws list of nominees, PM welcomes move
• Kibaki walking a tightrope over nominations to key State posts
• Speaker holds back, but judge rules list illegal

A senior state counsel, Ms Wanjiku Mbiyu, said the Judicial Service Commission was ignored when the President nominated Justice Alnashir Visram to succeed outgoing Chief Justice Evan Gicheru.

“The Attorney General’s position is and has been JSC was not involved in the appointment as required under the Constitution,” Ms Mbiyu told a three-judge bench.

The state attorney is representing the Government in a suit filed by rights organisation 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.

Last week National Assembly Speaker Kenneth Marende declared the nominations unconstitutional, sparking a bitter row between President Kibaki’s and Prime Minister Raila Odinga’s respective wings of the coalition government.

Protesting Mr Marende’s ruling shortly afterwards, President Kibaki said he would await the decision of the Constitutional Court.

Lost first round

But by then, the government had already lost the first round in the High Court when Justice Daniel Musinga declared the nominations illegal after Attorney General Amos Wako failed to raise any opposition.

Mr Wako is the chief legal advisor to the government and the official respondent in any lawsuit against the State.

Mr Justice Musinga directed all the human rights organisations that appeared before him to present their arguments before three judges appointed last week by Chief Justice Gicheru for determination.

The Constitutional Court comprises Judges Kalpana Rawal, George Dulu and Luka Kimaru. It will respond to all the issues raised by the groups seeking to have the whole process of appointments quashed. The case will be heard on March 2.

The three judges have assured the parties in court that they will only be focusing on the legal aspects of the nominations and will not tolerate nor concede to any political pressure.

They were responding to concerns by the lawyer of the petitioners, who accused the CJ of rushing the case.

Lawyer Alice Wahome, representing the group of NGOs that moved to court to challenge the nominations, said the case was not mature for hearing, yet Justice Gicheru appointed the judges and placed the hearing dates.

“This court is concerned about the legal issues in the petition and not the political aspect of it,” Mr Justice Kimaru said.

The case was scheduled for hearing yesterday, but failed to start, with lawyers saying they were not prepared for the hearing.

According to Ms Wahome, the issues raised in the case are grave and sensitive and require adequate preparation.

The hearing is now likely to take longer as 14 more groups were allowed to join the case as interested parties.

Among those who will be represented in the case are Orange Democratic Movement and Federation of Women Lawyers - Kenya (Fida-K). The President’s Party of National Unity joined the case last week.

Eight NGOs that filed the case say the nominations were made in total disregard of provisions of the Constitution requiring consultation and consideration of gender equity.

1 | 2 Next Page »