President, PM must rise above narrow interests

It has been a week of acrimony that brought the country to the edge as politicians stoked the fires of bitter rivalry over President Kibaki’s controversial nominations to four key constitutional offices.

Following Prime Minister Raila Odinga’s assertion that he had not been consulted over the nominations as required by the Constitution, politicians aligned to them went on the rampage, taking hard line positions on the issue.

It is unfortunate that the appointments to the positions of Chief Justice, Attorney General, Director of Public Prosecutions, and Controller of Budget should start off with controversy.

Because the PM said he was not consulted, the High Court ruled the list before Parliament was indeed unconstitutional. Further, the nominations were gender-skewed.

Although Justice Daniel Musinga ruled it would be illegal for any organ of Government to proceed with the list, parliamentary committees will be deliberating on the matter on account of the independence of the Legislature.

It was disheartening that when the matter came before Parliament early in the week, the serious task of filling these important positions descended to pits of absurdity, with MPs reducing it to a debate on the meaning of "consultation".

It is our considered view that the country is in this quagmire because leaders consistently place their interests above those of the country. The current crop of political leaders are too engrossed with control of power that they have become blind to their calling to serve the wider interest of the public.

The squabbling over the list of names and Kenya’s predicament on the ICC quickly took tribal and political dimensions in disregard of the need to reform the Judiciary, and justice for victims of post-election violence.

Although we appreciate that coalitions are difficult to manage because of the very nature of their compositions, it would be prudent the partners treat each other with respect, decorum, decency and trust, which the National Accord and Reconciliation Act, and the Constitution, itself anticipates. Ours is a fragile march to peace that must be guarded jealously. Anything that could distablise peace should be avoided.

It would be important for the two principals to appreciate that apart from getting the right people to fill these positions, the process of search should be above reproach.

Take the nomination of Justice Alnasir Visram, who is a fine judge, but whose appointment is raising a storm because members of the Bench have not been vetted, as required by the law.

It would be sad if the country failed to use the opportunity afforded by the new Constitution to reform the Judiciary. This issue has dogged Kenya since independence. We call upon politicians in ODM and PNU to avoid unnecessary chest thumping and brinkmanship that only serves to raise political temperatures.

The calls for the dissolution of the Grand Coalition Government are premature, selfish, and uncalled for. Without an electoral commission and constituency remakes, the country is simply not ready for an election. Members of Parliament must therefore redirect their efforts to implementation of the new Constitution.

The President and Prime Minister must rise above partisan interests and soar above their hardheaded lieutenants to provide leadership. They must find a way forward on the current stalemate.

It is therefore reassuring the two principals are scheduled to meet this week to resolve the stalemate. It would be important for them look at the list afresh and come up with one that is agreeable to them, and constitutionally sound. This is critical even if it means widening their expertise base in the selection. There are more appointments to come and key decision to be made as the country jumpstarts the new Constitution. It would be paramount that the two principals lay the ground rules for consultations in future to avoid raw row witnessed this week.

Political stakes are likely to rise as the country comes closer to the General Election, due next year.

The two principals will need to stay sober as they steer the country during this delicate time of putting the Second Republic onto the right course.