Divided Parliament faced with unresolved CJ choice

By Martin Mutua

Parliament reconvenes Tuesday amid debate on the appointment of Willy Mutunga as Chief Justice and Nancy Baraza as his deputy.

The same House is still divided on Budalangi MP Ababu Namwamba’s chairmanship of Justice and Legal Affairs Committee, which has seen the ODM wing of the coalition pull out in protest.

Mr Namwamba and Justice Minister Mutula Kilonzo have since appealed to President Kibaki and Prime Minister Raila Odinga to end wrangling in the committee if implementation of the Constitution is to continue.

On Sunday, Namwamba broke his silence over the matter, saying it would be up to the HBC, under the chairmanship of Vice President Kalonzo Musyoka, to decide on the next course of action after the Liaison Committee reports to them Tuesday.

Anti-reformists

Namwamba called for the disbandment of the committee and having it reconstituted with new members if the problem is to be addressed.

"The problem with this committee is not about me as a person, but some anti-reformists who are uncomfortable that they are not in control to influence the appointments coming through the committee," he added.

Namwamba said following the approval of Dr Mutunga and Ms Baraza to head the Judiciary, the same people had woken up to the reality that they were not in control, since they were unable to influence the appointments of their nominees and had resolved to place all the hurdles in the way of implementing the Constitution.

He said the withdrawal of ODM from the committee was another matter that needed to be resolved.

Namwamba said the immediate and best solution to the problem was quick dissolution of the committee and having current members barred from the new committee.

"This should go hand in hand with a firm commitment by the two principals that they will support the committee," he added.

Already, the Commission for the Implementation of the Constitution chaired by lawyer Charles Nyachae has written to House Speaker Kenneth Marende expressing concern over failure by Parliament to pass the Bills meant to operationalise the new Constitution in time.

Nyachae has warned that the approval of the CJ, deputy CJ and DPP, if not undertaken expeditiously, could jeopardise the timeliness for the implementation of the new Constitution.

"Mr Speaker, CIC would respectfully wish to urge the National Assembly, through you, to do whatever is necessary within its own rules and procedure to ensure full and effective fulfillment of its constitutional role in the implementation process," the letter reads in part.

Fate of appointees

Nyachae expressed concern over Mutunga, Baraza and Tobiko’s vetting and approval by the House, saying he hoped the wrangling in the departmental committee would not affect their fate.

On Sunday, Mutula appealed to President Kibaki and the Prime Minister to step in and resolve the wrangles in the committee.

"If the two principals have endorsed the names, why would they allow a departmental committee of the House to delay the process? After all, the reason for the split and wrangling in the committee was because of the nomination of the Chief Justice and that has now been resolved and endorsed by the two principals," said Mutula.

Mutula said the new Chief Justice should be endorsed by Parliament this week so that he and his deputy can preside over the interviews for recruitment of Supreme Court Judges from June 6.

"Trust me, if Kibaki and Raila want this committee to function, it will function," he added.