Marende breaks deadlock, rules CIOC will vet judicial nominees

By ALEX NDEGWA

The Constitutional Implementation Oversight Committee (CIOC) will now begin vetting nominees for the positions of Chief Justice, his deputy and Director of Public Prosecutions on Monday.

Speaker Kenneth Marende sidestepped the troubled Justice and Legal Affairs Committee, alongside the stillborn ad hoc committee proposed to vet the nominees, and referred the issue to the CIOC.

The CIOC will submit its recommendations on the nomination of Dr Willy Mutunga for post of Chief Justice, Nancy Barasa as his deputy and Mr Keriako Tobiko as Director of Public Prosecutions to the House on Wednesday, 21 days after President Kibaki presented the names to Parliament.

It is the second time the CIOC chaired by Abdikadir Mohammed has been asked to intervene to unlock the deadlock occasioned by the power struggle rocking the Justice and Legal Affairs Committee.

The Committee drafted amendments to the Bill setting up the Independent Electoral and Boundaries Commission, which was passed by Parliament on Tuesday night.

Overrule suggestions

Thursday, Marende ruled that CIOC has the "mandate and responsibility to ensure the full implementation of the Constitution," overruling suggestions that the Committee had no powers to vet the nominees.

At a news conference attended by Justice minister Mutula Kilonzo, Committee members Beth Mugo, Millie Odhiambo and David Ngugi, Abdikadir said the three nominees would appear before the Committee on Tuesday morning and invited the public to present submissions.

He said on Monday the team would hold public hearings and urged anybody who has a memorandum "either positive or otherwise" on the nominees to submit to the committee.

Marende directed the CIOC to submit a report to the House on Wednesday.

"We intend to do the vetting very fast so that on Tuesday we can burn the midnight oil to have the report ready on Wednesday," Abdikadir said.

The Speaker dismissed criticism that since the CIOC comprises members of the executive it was not the best-suited team to vet the nominees. "While we acknowledge that some members of this committee are Cabinet ministers, it is worth noting that they were appointed by virtue of being Members of Parliament and not in their capacities as Cabinet ministers to perform a specific constitutional duty for the legislature, not the executive," said Marende.

He added ministers have served in previous review committees where they "did commendable work on behalf of the House".

An attempt by the newly re-elected Ikolomani MP Bonny Khalwale to push a Motion to have the House hurriedly approve the nominees yesterday was blocked by Deputy Speaker Farah Maalim.

"Don’t expect the Deputy Speaker to overrule what the Speaker has given a ruling on. In any case, the Standing Orders do not allow another ruling on a matter that had been ruled upon," Maalim said.

Falsehoods

Khalwale had said: "When you look at the voices against the names you will quickly see the same faces that were opposed to the new Constitution. If the matter is not brought to the House, the same voices can go to the committee and influence them with falsehoods."

ODM Whip Jakoyo Midiwo said the MP should be excused for "being a bit rusty" in making the appeal against the speaker’s ruling, which was not procedural.

Millie said even though she supported the nominees "we should not sneak them in" in the interests of transparency and accountability.