East African Center For Law & Justice


President withdraws controversial list of nominees

President Mwai Kibaki finally bowed to escalating pressure and withdrew his controversial list of nominees to four constitutional offices.

The President, who chaired a meeting of PNU affiliates and rebel lawmakers from ODM at the KICC on Tuesday afternoon, said he had taken into account concerns expressed over the nominations.

"Given the importance of the office of Chief Justice as head of judicial arm of government, I have considered all concerns expressed in regard to nomination and concluded it is beneficial that the nomination to fill the post of CJ is done through the Judicial Service Commission. In regard to the nomination of the Attorney General, I have invited the Prime Minister for further consultations."

He also said that the positions of Director of Public Prosecutions and Controller of Budget should be advertised through the Public Service Commission, stating that this will enable forward movement in the implementation process of the Constitution.
He appealed to all Kenyans to remain united as the country forges ahead with the implementation of the new constitution.
However, in his second address to the nation in four days, President Kibaki insisted that his nominations had been done within the law, as vindicated by the reports of two parliamentary committees.

In his last Thursday's address the Head of State said the government would await the conclusion of a constitutional case initially filed by women and youth groups who are contesting that the nominations failed to adhere to the Constitution.

The women contend that gender equality was not respected as there is no woman in the list of four. In issuing an interim injunction, High Court Judge, Daniel Musinga ruled the nominations were unconstitutional.

Justices Kalpana Rawal, George Dulu and Luka Kimaru who were appointed to hear the case directed the parties to file all their documents within seven days so that the matter can be heard from March 2 on a day-to-day basis.

Pressure has been mounting from the international community, clergy, civil society and the business community for the President and PM to resolve the impasse. Ten diplomatic missions chose to take the middle ground and instead called on President Kibaki and the Prime Minister to cooperate and resolve the impasse that appears to derail the implementation of the new Constitution.

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