President Kibaki and Prime Minister Raila Odinga must move with speed and kick start the appointment of the head of the Ethics and Anti-Corruption Commission.

Speed is of the essence because time is running out first. While it suits the political players not to have a powerful anti-graft watchdog, that is not what most Kenyans want.

Winding down

The clock is winding down on the General Election and the EACC is one of the institutions meant to sift through the morass of candidates to ensure only those who pass the integrity test demanded of the Constitution make it to the ballot.

The bungling of the appointment appears to have played into the hands of a section of the power clique in the Grand Coalition but that is as far as it should go.

The process of hiring a replacement for Mumo Matemu who was kicked out by the High Court should begin today in earnest and must not stop until the position is filled.

However, there are options available to speed it up. It is no secret that Matemu was not the top candidate from the interviews before his name was agreed on by the President Kibaki and PM Raila.

It is therefore possible for the two to agree and spare the country further delay by picking the top candidate who, for reasons best know to themselves, never got their nod.

This would spare Kenyans another circus and a drawn out standoff between the two principals over the matter that would end up in court.

So far the Judiciary is the only institution standing between Kenyans and another failed General Election. A close examination shows that only the Judiciary has been able to interpret and defend Chapter Six of the Constitution on integrity of those seeking public office.

Vested interests

Time and again it has told President Kibaki and the inner coterie inside his political kitchen that regardless of their machinations, the Constitution reigns supreme and it will not relent.

There has been a consistent and systematic attempt to weaken the EACC going back to its predecessor, the Kenya Anti Corruption Commission).

There are vested interests within the Executive who would like to be able to manipulate the anti-graft agency to their advantage. Their plans have been stymied by last week’s High Court ruling.

Commitment and focus

While the stand of the Judiciary is a beacon of hope, it is also not a safe place for the country to be when heading for transition elections.

The courts should be the last resort, but in the absence of a strong check on the two principals and Parliament, things have run riot and it has been left to the Judiciary to restore the natural balance.

But for how long will our elected leaders have to be kicked from their stupor by the courts to realise they must play by the rules?

Corruption is the reason Kenyans turned against fellow Kenyans in 2008 after a flawed election in which candidates openly compromised election officials to ensure they made it to Parliament.

The next head of the anti-graft agency must be someone of unquestionable integrity, uncompromising focus and have the passion and commitment to fight corruption no matter who is involved or their perceived standing in society.

Kenyans want a head of the anti-graft agency who believes that EACC must be accountable to the Kenyan public and not the Executive.

It is more than likely that normal parliamentary business will take a backseat from November as parties prepare for nominations.

Furthermore, MPs’ terms end on January 15 and they will have no further role in the process.

The two principals must engage each other and agree on the best way to resolve the matter and ensure Kenyans have a substantive head of the anti-graft agency by March 4, 2013.