Kibaki meets Marende

By Alex Ndegwa

There was hope of a resolution of the controversy over the nominations of four people to key constitutional offices.

President Kibaki met the Speaker of the National Assembly, Kenneth Marende, at State House, Nairobi, yesterday morning. The meeting came hours after the Speaker ruled the list of nominees be passed over to relevant House committees for interrogation.

Separately, Prime Minister Raila Odinga assured he and the President would meet before Thursday to agree on the way forward.

Although the Speaker was tight-lipped on the details of his discussions with President Kibaki over the nominations, it is believed he must have stuck to his script.

On Thursday, Marende, while recalling the difficult moment the country underwent during the political crisis following the bungled 2007 presidential election, called on leaders to put the country first.

"To my mind, it would be a pity and severe indictment of our collective leadership if in time to come, history shall record of our country in general and of our leadership in particular that we learnt nothing from history," Marende said, on Thursday.

Sources familiar with the President and the Prime Minister’s diaries informed The Standard On Saturday the two principals are set to meet either on Monday or Tuesday, to discuss the issue.

It is hoped that the two would break the deadlock on nominations, which the Prime Minister rejected, saying he had not been consulted.

The House committees handling the lists were asked to report back to Parliament on Thursday.

The High Court also ruled that the nominations were unconstitutional.

ODM and PNU MPs still hold hard line positions on the nominations.

Their wars could spill over to the two committees reviewing the key nominations. An MP admitted there was of "enormous pressure" regarding one nominee.

Storm in a tea cup

President Kibaki last week nominated Alnashir Visran for the position of Chief Justice, Githu Muigai (Attorney General), Kioko Kilukumi (Director of Public Prosecutions), and William Kirwa (Controller of Budget)

The leadership of the Justice and Finance committees acknowledged the coalition wars could influence crisis hearings on the disputed nominations for top jobs, scheduled to start on Monday.

On Friday, Raila said: "We will do it as we have done in the past. It is just a storm in a tea cup."

The PM was speaking to journalists after presiding over the signing of performance contracts for ministries and accounting officers at the Kenyatta International Conference Centre in Nairobi.

He spoke in the presence of Deputy Prime Ministers Uhuru Kenyatta and Musalia Mudavadi and Head of Civil Service, Francis Muthaura, at the function.

Raila said he and Kibaki would meet to resolve the issue before the expiry of the ten-day window House Speaker offered the two in his ruling.

Yesterday, the chairman of the Justice and Legal Affairs Committee Ababu Namwamba and the vice-chairman of the Finance, Planning and Trade Committee Phillip Kaloki said the influence of PNU and ODM positions on the issue could not be ruled out.

Worrying political angle

"It’s a real fear because the appointments have taken on a worryingly political angle. My fear is the acrimonious environment could have poisoned any further discussions on the matter, but hopefully we will rise to the occasion," Namwamba told The Standard On Saturday yesterday.

"These are political appointments and politics could influence the deliberations. But our committee will strive to stay above partisan political considerations and look at the bigger picture to do what is right," Kaloki said on telephone from Kampala, Uganda.

Three of the nominations — Chief Justice, Attorney General and Director of Public Prosecutions fall under Namwamba’s docket. The Comptroller of Budget will be scrutinised by the Finance Committee, which Nambale MP, Chris Okemo, chairs.

PNU controls Justice and Legal Affairs Committee, with vice- chairman Njoroge Baiya, Gachoka MP, Mutava Musyimi, Mohammed Abdikadir, (Safina, Mandera Central), Amina Abdalla (Kanu, nominated), Mohammed Affey (ODM-Kenya, nominated), George Nyamweya (PNU, nominated).

Further, ODM can no longer count on Chepalungu MP Isaac Ruto. Indeed reacting to the Marende ruling, Ruto warned the committees will be split and accused the Speaker of trying to supervise the Executive by suggesting expanded talks for new nominations.

"The Speaker’s role is not to supervise the Executive," Ruto said, arguing Parliament would "need a substantive Motion to discuss the President".

But Abdikadir and Musyimi, who are reluctant to back the controversial nominations, citing damage to public confidence in the institutions, could tip the scales.

ODM has Ababu, Kisumu Town West MP Olago-Aluoch and nominated MPs, Millie Odhiambo and Sophia Abdi Noor.

Varied interests

ODM has the chairman, Nkoidila ole Lankas (Narok South), Jakoyo Midiwo (Gem), Lukas Chepkitony (Keiyo North), Sammy Mwaita (Baringo Central), and Shakeel Shabbir (Kisumu Town East) in the Finance Committee.

ODM-Kenya’s Kaloki, Nelson Gaichuhie (Subukia), Musikari Kombo (nominated, Lenny Kivuti (Safina, Siakago) and Ntoitha M’Mithiaru (Igembe North) represent PNU.

But the Finance committee could have less of a controversy considering the nomination of Kirwa, the Agricultural Development Corporation Managing Director, is said to be drawing opposition from varied interests.

A member of the committee intimated to us, on condition of anonymity, that the nominee was walking a tight rope: "There’s enormous pressure from all corners."

The group allied to suspended Higher Education Minister William Ruto is reportedly not keen on Kirwa’s appointment. He contested against Ruto in Eldoret North constituency in 1997.

But what further complicates matters is the feeling by some MPs in the committee that, with the new Commission on Revenue Allocation chaired by Micah Cheserem, the position of Budget Controller should not be from the same region.

However, Kaloki said: "The character of the individual will carry a lot of weight. The issues about his past and understanding of financial matters."

But the Kibwezi MP clarified that the committee would not be influenced by outside factors.

"I would rather we forget tribalism and look at the integrity and qualifications of the persons nominated," said Subukia MP, Nelson Gaichuhie, who is also a member of the Finance committee. He added: "When people come together talking politics they are demonised as KKK and chided for forming tribal alliances. But when it comes to appointments we want to use tribes as an excuse to lock others out of jobs. We should stop double standard."

"Granted, members belong to political parties but committees’ recommendations should not be motivated by partisan politics. We are capable of making recommendations that will move the country forward," said Baiya.

Letters by the President

Namwamba announced his team would meet on Monday, to beat the Thursday deadline.

"But we have started the process. We are gathering documents, including the letters by the President and Prime Minister and the High Court ruling," Namwamba said.

The High Court found the nominations unconstitutional. Justice Daniel Musinga said it would be unconstitutional for any State officer or organ of the State to carry on with the process of the approval and eventual appointment to the four offices based on the President’s nominations on January 28.

Marende, however, sidestepped the court decision, saying Parliament would make its own determination when the committees table their reports.