Kibaki, Raila praise Justice Gicheru as he exits

By Martin Mutua

Retirement was in the air when President Kibaki and Prime Minister Raila Odinga sent off Evan Gicheru who made his last public appearance as Chief Justice.

On stage, too, was Attorney General Amos Wako, whose term officially ends in August. But the President’s party wants to see the AG leave immediately after he contradicted the Head of State on four key nominations to constitutional offices. The nominations, which the President has since withdrawn and opened up for fresh consultations, included those to succeed Wako and Gicheru.

Also bidding farewell to Gicheru, whose term ends on Sunday, was Vice-President Kalonzo Musyoka, who is among those, like Raila, waiting to battle to take over from Kibaki when he retires next year.

Even before the storm stirred by Raila’s protest over Kibaki’s nominations settled, the President painted a rosy future for the Judiciary saying it was being reborn.

The cast at the opening of the new Milimani Commercial Law Courts, especially the tripartite party of Kibaki, Gicheru and Wako, rekindled memories of the President’s controversial and hurried swearing-in for a contested second term on December 30, 2007.

Forlorn figure

From that day, Wako and Gicheru who turned up robed and ready to witness the President take oath, by their action raised questions about their independence and the way they relate to the presidency. But it was notable that as Kibaki thanked Gicheru, who he described as one who "helped us all" Wako cut a forlorn figure, probably because he is under siege for turning against the President’s appointments in court.

Though no one knows what the President told him yesterday, his heart may have skipped a bit when the Head of State walked over, shook his hand, and took him aside for a chat. But given he has been the Chief Legal Advisor of two presidents in the last 20 years, Wako, known for his generosity with smiles even in the face of adversity, did not as usual betray any emotions. Looking at him, one could not tell if the President had good or bad news for him.

Attorney General Amos Wako passes by outgoing Chief Justice Evan Gicheru as President Kibaki looks on during opening of Milimani Law Courts Thurday. [PHOTO:EVANS HABIL/STANDARD]

"We wish the CJ a good, good sendoff in the sense that he may not have another official function. He has been of great help to all of us," said the President, without elaborating.

Gicheru declared he had no regrets for whatever transpired during his tenure. "I have no regrets!" he exclaimed, as he walked to his car shielded from journalists by three bodyguards. The CJ, who had just seen the President off after the function, declared: "I am now a free man. I can now go die peacefully."

The President summoned Wako before he left the new courts, which he had gone to officially open, and engaged him in a tÍte-‡-tÍte for about three minutes. Other dignitaries and aides watched from a distance.

Yesterday, some PNU MPs insisted Wako should leave. They claimed a Public Accounts Committee Report released in May 2005 under the chairmanship of Deputy Prime Minister Uhuru Kenyatta recommended he was not fit to hold public office.

But it turned out there is a section of PNU MPs opposed to the move given the long ties AG has had with them.

Previous Calls for Wako to quit were largely from senior lawyers, MPs and envoys led by US Michael Ranneberger. It was under Ranneberger’s watch that Wako was banned from traveling to the US. The Obama Administration viewed him as a stumbling block to reforms. The ban has not been lifted.

Kalonzo kicked off the round of praises by saying he wished him well in his future endeavors.

"An independent and strengthened Judiciary is what we require and we must pay tribute to the Chief Justice and congratulate him as he has opened several courts," Kalonzo added.

Ouko inquiry

"As he leaves, I still have no doubts that my friend Justice Gicheru is a good and professional judge," Raila said.

He said Gicheru had done a good presiding over the judicial system during its most critical and trying time. "He took over as Chief Justice viewed largely as a man of integrity and courage. These traits are largely intact as he leaves the Judiciary and that is something Kenyans will remember and honour him for in the years to come, whether he remains in the service of the public or not," Raila declared.

The PM recounted how Gicheru "bravely and courageously" presided over the inquiry into the murder of the former Foreign minister Robert Ouko in Kisumu, but it was disbanded when it was about to conclude its findings.

"I’m sure Justice Gicheru often reflects on the fate of Mr Justice Fidahussein Abdullah who presided over the trial of former Nakuru DC, Jonah Anguka, who had been charged with Ouko’s murder," he added.

Raila reminded Kenyans the judge died mysteriously just before he delivered his ruling just like many other witnesses who appeared before Gicheru died in strange circumstances.

"You have a reason to thank God who appeared to have had a purpose for your life," Raila told the CJ.