Nairobi, Kenya - Kenya President Mwai Kibaki, Prime Minister Raila Odinga and Parliament have differed sharply on the nominations of top judiciary officials. Odinga and National Assembly Speaker Kenneth Marende have rejected the nominations of the three top judiciary officials and one senior finance ministry official, saying the process was unconstitutional and a breach of the National Accord which holds together Government National Unity, hammered in early 2008.

It all started late January when Kibaki nominated law professor Githu Muigiai as Attorney General, High Court Judge Alnashir Visram (Chief Justice), senior lawyer Kioko Kilukumi (Director of Public
Prosecution) and William Kirwa (Director of Budget).

This prompted a swift rejoinder from Prime Minister Odinga, who distanced himself from the nominations, saying he was not consulted as stipulated in the National  Accord.

Odinga also said due process was not followed as the Judicial Service Commission was not given the chance to forward the name of its nominee for Chief Justice, while at the same time gender parity was not observed because all the nominees were male.

As per the constitution President Kibaki should pick the nominees in consultation with the prime minister and the input of the Judicial Service Commission, a body in which the Chief Justice and Attorney General sit.

Thereafter the president sends the names to parliament for vetting and approval.

Kibaki went ahead and forwarded the names to parliament despite strong protests from civil society bodies, among them the Kenya National Human Rights Commission, the Committee on the Implementation of the Constitution (CIC).

The High Court sitting in Nairobi, ruling on a case filed by a section of the civil society, dismissed the  move as undemocratic and unconstitutional.

Upon receiving the names, Speaker Marende directed two house committees - Justice and trade and and finance - to study the situation and forward their report to his office.

Whereas the trade and finance committee unanimously ruled that William Kirwa did not meet the bench for serving as Director of Budget at the Treasury, the Justice Committee members failed to agree on the nominations.

According to the Trade and Finance Committee, Kirwa had held a senior financial position in government for the last ten years. This knocked him out.

This prompted the Speaker to rule that the nominations were and unconstitutional, virtually throwing back the matter to the two principals.

But on Friday, President Kibaki, in a rather strongly worded public address in Nairobi, insisted that he acted within his constitutional mandate, adding that the matter should now be left in the hands of a three-judge Constitutional Court.

He accused the Speaker of ignoring the principles of separation of powers, saying Parliament makes laws, while the interpretation of the constitution should be left to the Judiciary.

Speaking in the Port City of Mombasa, Prime Minister Odinga, insisted the move was unconstitutional, but was quick to re-assure Kenyans that Kibaki and himself will work out a solution.

“Don't worry about the noise coming from up there (President and Prime Minister), we will resolve the dispute, Odinga said.

As of now the crisis, threatens Kenya's fragile Government of National Unity, hammered into place by the international community in early 2008 after the disputed 2007 elections, in which incumbent
President and Odinga then Kibaki a key opposition challenger, both claimed victory.

The subsequent post-poll violence left 1,300 people dead and 350,000 displaced.

Pana 20/02/2011