House Business Committee to approve judicial nominees

By Martin Mutua

The House Business Committee (HBC) could on Thursday take a drastic move to approve names of the three judicial nominees.

The move is aimed at side-stepping supremacy battle between President Kibaki’s PNU and Prime Minister Raila Odinga’s ODM, who have failed to agree on the composition of two House committees to scrutinise the names.

A HBC meeting held on Tuesday night after the passage of two key Bills resolved that Speaker Kenneth Marende should direct the names of the three be scrutinised by the Parliamentary Oversight Committee on the Implementation of the Constitution (CIOC).

Different approach

Sources attending the meeting held after midnight when the House adjourned told The Standard that following the successful passage of the Independent Electoral and Boundaries Commission (IEBC) Bill 2011 that had been given to the same committee, the HBC resolved to follow the same channel.

On Wednesday, when contacted for comment, CIOC chairman Abdikadir Mohamed said he was unaware of the new development but his committee was willing and ready to undertake any task assigned by the House.

"If it is the wish of the House Business Committee that we undertake the task, I assure you we are ready and willing. We will act as fast as we can so that the process can move forward," he said.

Justice Minister Mutula Kilonzo is also expected to respond to a request by Imenti Central MP Gitobu Imanyara on why he failed to bring the names of the nominees — Dr Willy Mutunga (Chief Justice), Nancy Barasa (Deputy Chief Justice) and Keriako Tobiko (Director of Public Prosecution) — to the House for approval.

According to Imanyara, article 157 and 166 gives the minister leeway to introduce the Motion for the approval or disapproval of the three names.

"Given that the names of the nominees were communicated to the House from the Chair according to Standing order no 37 (2), how many memoranda has he received from the public in compliance with article 73 (2) (d) of the Constitution which provides for public participation?" Imanyara posed.

PNU and ODM failed to agree on the formation of an ad hoc committee to scrutinise the names even after members at an informal meeting referred (Speaker’s Kamukunji) gave them the nod.

At separate news conference in Parliament, the two parties accused each other of stalling the process by failing to table the names at a HBC meeting on Thursday.

The parties failed to agree on the composition of the 11-member ad hoc committee, with PNU claiming it had the right to bring six members.

Supremacy wars

PNU MPs led by Ndaragwa MP Jeremiah Kioni said the party had ceded enough ground to accommodate ODM’s demands on the ad hoc committee and alleged the Orange party had orchestrated a move to sabotage approval of the nominees to the Judiciary.

But shortly afterwards ODM’s Chief Whip Jakoyo Midiwo said ODM never agreed to name five members to the committee.

"ODM has 115 MPs compared to PNU’s 106 and that the HBC had agreed on Monday night to appoint the 11 member committee using the standing orders which recognise party strength in Parliament," he said.

According to Midiwo, ODM was therefore entitled to name six members to the ad hoc committee because of its strength in Parliament.