Big Two meet as PNU goes for Wako, Ababu

By Martin Mutua

President Kibaki and Prime Minister Raila Odinga consulted afresh as Party of National Unity set on a reprisal mission against Attorney General Amos Wako for declaring President’s nominations unconstitutional.

It is believed that, in line with the President’s statement on Tuesday, the consultations centred only on the AG’s position because the Head of State referred that of Chief Justice to the Judicial Service Commission, and the other two to the Public Service Commission.

The PNU MPs want Wako removed from office as soon as possible even though his term, unlike that of Chief Justice Evan Gicheru, which ends on Sunday, lapses on August 27. The reasons they want him out are similar to the party’s earlier attempt to either impeach or censure Marende over his ruling that, like Wako’s position, severely dented the President’s case.

The President’s party is reportedly angry Wako’s statement in court, delivered by his junior, undermined Kibaki’s argument he acted within his mandate and compromised the Government’s position on the four nominees he withdrew on Tuesday.

Raila’s Orange Democratic Movement on the other hand sustained the push for reconstitution of PSC, to which the President referred the nomination of Director of Public Prosecutions and Controller of Budget on the grounds it does not, contrary to the Constitution, reflect the face of Kenya.

Apart from fighting to force Wako out of office immediately, many PNU MPs also signed up a petition seeking to remove Budalang’i MP, Ababu Namwamba, as chairman of Justice and Legal Affairs Committee.

The lawyer-cum-MP tabled a two-in-one report in the House last week. The main one contradicted Speaker Kenneth Marende’s ruling later in the day that the President acted outside his mandate and failed the test of gender parity. The ‘minority’ view of the committee that probed the process of nominating of judicial nominees, which was signed by among other ODM MPs, Namwamba himself, was that the process was skewed and unconstitutional. The chairman and his group of three in the committee argued their verdict was based on "principle and conscience".

The issue of the AG’s commitment and loyalty surfaced on Tuesday evening during the House Business Committee meeting chaired by Vice-President Kalonzo Musyoka. Sources told The Standard the PNU side vowed to eject Wako from office before the House goes on recess next week.

Party of National Unity has set on a reprisal mission against Attorney General Amos Wako (above) for declaring President’s nominations unconstitutional.

According to the Parliamentary calendar the House was recalled early in January for a special session to deliberate and pass two crucial Bills that seek to reform the Judiciary. Already, Parliament has passed the Vetting of Judges and Magistrates Bill and yesterday it passed Judicial Services Bill, which was moved by Justice Minister Mutula Kilonzo.

House Calendar

With the two Bills on Judiciary out of the House it was expected that MPs would go on recess today in order for the President to prorogue the fourth session of Parliament, which according to Parliamentary calendar has to be undertaken before March 15.

The move is critical because the next session is intended to give the Government time to prepare for the Budget preparation, whose culmination is the presentation of both recurrent and development estimates in June by Finance Minister. PNU is, however, reported to have resisted the recess arguing it first wants to deal with Wako.

It is also reported the MPs opposed to Wako are also unhappy with the way he handled the International Criminal Case against Kenya. Sources revealed PNU wanted Wako to invoke Article 19 of the ICC Act to seek the deferral of cases against the Ocampo Six for a year, and argue Kenyan Judiciary had jurisdiction to deal with the matter but the AG reportedly declined.

"The Ruto-Uhuru alliance view Wako as a stumbling block to the ICC issue and the more reason they are piling pressure for his removal," argued a minister.

The principals met only a day after the President eased political temperatures by withdrawing his nominees for CJ, AG, DPP and Budget Office. The Head of Civil Service Francis Muthaura and Permanent Secretary in PM’s Office Mohammed Isahakia, who facilitated the earlier fruitless negotiations, attended yesterday’s meeting at Harambee House.

Sources revealed the issue of AG’s nomination was raised because Kibaki can no longer work with the current holder, Wako. Though he is his chief legal advisor, he contradicted the President’s position in public.

"The meeting was non-conclusive but exploratory and further consultations are expected to follow," our source further revealed.

Yesterday sources revealed Transport Minister Amos Kimunya raised the matter in the House Business Committee on Tuesday evening, saying they would not support any adjournment Motion before the AG vacates office. Kimunya is one of the deputy Leaders of Government Business.

The sources said ODM Chairman Henry Kosgey, who is no longer keen on working with the PM, supported Kimunya, who had a bitter exchange with ODM Government Chief Whip Jakoyo Midiwo.

Eight MPs signed the petition giving three days notice for the removal of Namwamba, citing Standing Order 175, which permits a vote of no confidence against the leadership of a committee by a majority of members.

Women leaders

Confidential sources told The Standard PNU and its allies from the Rift Valley led by suspended Higher Education Minister William Ruto, who attended the President’s final meeting before he withdrew his nominations, piled pressure on Kibaki to have Wako take compulsory leave pending retirement. They lambasted Wako for his interpretation of the Constitution and the National Accord. They accused him of failing to defend the Government against a case filed by civil society groups representing women organisations. The Government lost the case last month.

They were further enraged when Wako submitted to the Constitutional Court on Monday that the nominations were unconstitutional. The development took place even as reality sunk the President tactfully withdrew his nominees, but left only one position for consultations between himself and Raila.

But the PM had insisted JSC should have been involved in the nomination of CJ and the rest subjected to a competitive process.

PSC, the President said, will advertise the other two positions. His role, he explained, would be to forward directly to Parliament the nominees PSC and JSC pick.

Raila on Tuesday evening praised President’s withdrawal, but appeared to suggest he would sit with the President to pick one of three names JSC would come up with. He has also questioned the composition of PSC, but it is not clear if the matter came up during the discussions with the President.

Wako and Gicheru are members of the JSC. "We can’t allow an AG who goes against the President and publicly declares so. Therefore, the time to vacate office is now and not August," vowed an MP allied to Ruto. He, however, did not wish to be named. Law Society of Kenya Council member Evans Monari said his action was like that of a lawyer going against his client.

The AG enjoys security of tenure.