Scramble for top State jobs looms

By Beauttah Omanga and David Ochami
A new political war looms large in the Grand Coalition over appointments to key positions to be created under the new Constitution, or that will become vacant as their holders retire.
Prime Minister Raila Odinga’s party, the Orange Democratic Movement (ODM), which claims President Kibaki unilaterally gave spymaster Michael Gichangi another five-year term, has turned its attention to the looming struggle with the Party of National Unity (PNU).
Multiple sources in the coalition, whose biggest strain has remained sharing of public appointments, reveal Gichangi’s reappointment, though not entirely unexpected, scraped open some old wounds left by the Cabinet portfolio’s sharing between PNU and ODM in 2008.
It is also believed the looming struggle could set the tempo for next year’s General Election, with the battle revolving around the traditional Raila-Kibaki axis.
Though President Kibaki is not eligible to run under the Constitution promulgated last year, ODM diehards appear convinced that the stealth with which he re-appointed Gichangi forms part of how he wants his succession to go. They see him as keen on extending his influence, through proxies, into the Government to be formed by Kenya’s fourth President.
The plum and influential positions being talked about, after that of the director of the National Intelligence Service, include those of the Chief Justice and Attorney General, which will fall vacant by August this year, as well as those of the head of military and the revamped police force.
In total, the appointments over which the ruling coalition partners are preparing to battle over are 10, and largely form the fulcrum of State machinery.
After Gichangi’s reappointment last week, Lands Minister James Orengo, whose word is believed never to contradict Raila’s, lamented that ODM was not happy with Kibaki’s move. Sources reveal the reappointment took the PM’s allies by surprise, and this could be discerned from the fact they only reacted once Gichangi had his new contract.
Orengo claimed the reappointment "set a bad precedent" and was "mischievous" because it was done while the PM was in Ivory Coast, trying to broker a deal to end the country’s worsening political crisis.
He said Kibaki should have consulted the PM as set out by National Accord signed in 2008, and entrenched in the Constitution as an Act, with the decree it should be respected until the next elections. Raila’s brother, Finance Assistant Minister Oburu Odinga, argued: "It must have something to do with his agency and what Kenya went through after 2007 elections."
Imenti Central MP Gitobu Imanyara threatened to move a censure motion against Kibaki when Parliament reconvenes.
"It is in bad faith and against the spirit of National Accord for the President to appoint a top spy without adhering to the Accord that binds his Government," declared Imanyara.

The National Accord, which President Kibaki and Prime Minister Raila Odinga signed, encourages consultation before appointments. [PHOTO: File]

"It is true there is a lot of resentment from our brothers (ODM) and I am told they are pressing for a meeting soon with the President to deliberate on the isolation," he revealed.
"The President is engaging in an illegality by not consulting the PM since that is the law. All provisions that applied in the MoU, which was factored into the old Constitution, and later on carried into the new one under the transitional clauses, compels the President to consult the PM," argued Senior Counsel Paul Muite.
The latest flare-up also points to a rising discomfort among coalition leaders who in public display shared opinions on how the country is set to go. Underpinning the looming crisis is the different positions Kibaki and Raila have taken on attempts by Parliament and the Presidency, through a bid championed by Vice-President Kalonzo Musyoka, to pull Kenya out of the International Criminal Court.
The appointments and the ICC affair are expected to play out the coming elections.
In the military, following December’s mini-reshuffle, a "big announcement’ is being awaited on what could be Kibaki’s final change of guard at the Department of Defence. The position of Chief of General Staff, General Jeremiah Kianga, is due to fall vacant by July when he retires. The position of Vice-Chief of General Staff Lt. General Julius Karangi falls vacant in August.
The Constitution also creates new positions that have to be filled this year, and they include that of Inspector General of Police and a Deputy Inspector of Police. According to article 245 of the Constitution, the President is required to appoint the Inspector General within two years from the date of commencement of the new Constitution.
The Inspector General is appointed with approval of Parliament, and whoever occupies the office will command Regular and Administration Police.
Police Commissioner, Mathew Iteere, is not assured of automatically becoming the Inspector General, and if President Kibaki wants to renew his contract, he will have to contend with Parliament and its wishes.
The CJ’s position should be filled within six months from the effective date of the Constitution. According to Part 24 of the Sixth Schedule the president will appoint the CJ after consulting the PM, followed by Parliament’s approval.
Given that the law on vetting of judges and magistrates has not been enacted, it means the new CJ expected in April 2011 must be appointed from outside the current crop of judges and magistrates.
By August 27 the President is required by Article 156 of the new charter to appoint a new AG, who must be approved by Parliament.
The President is also required under article 157 to appoint the Director of Public Prosecutions, who will inherit Constitutional powers to prosecute from the current AG. Mr Keriako Tobiko, who until late last year held the position of Director of Public Prosecutions, was saved from the fate awaiting Wako and Chief Justice Mr Evan Gicheru’s departures, when his title was changed to Chief Public Prosecutor.
Within this year, the President will also have to appoint the Controller of Budget and the Auditor General respectively, positions created under Articles 228 and 229 of the new Constitution. Other top positions that have to be filled within this year include head of Salaries and Remuneration Commission.
The office of Governor of Central Bank also becomes vacant in March, when the term of Prof Njuguna Ndungu lapses.
Yesterday, civil societies also demanded a smooth process in the implementation of the Constitution, and appointments to Constitutional offices in line with the law.