Parliament Buildings in Nairobi. A parliamentary commission has rejected President Kibaki’s nominee for the powerful post of Controller of Budget. Photo/FILE
By BERNARD NAMUNANE bnamunane@ke.nationmedia.com AND ALPHONCE SHIUNDU ashiundu@ke.nationmedia.comPosted Tuesday, February 15 2011 at 21:00
In Summary
- Finding the naming of William Kirwa illegal may set precedent for ruling today on the other three
President Kibaki’s nominee for the powerful post of Controller of Budget has been rejected by a parliamentary committee.
The President and Prime Minister Raila Odinga should instead start the process afresh and comply with the law in making the fresh nomination, according to recommendations of the Finance, Trade and Planning Committee.
In dealing the blow to Mr William Kirwa, the committee showed a sign of things to come when National Assembly Speaker Kenneth Marende rules over the fate of the controversial nominations on Thursday.
The committee found the nomination of Mr Kirwa unconstitutional and recommended that President Kibaki and Prime Minister Raila Odinga embark on fresh head hunting.
On the floor of the House, Finance committee chairman Chris Okemo laid on the table the report that recommends that Mr Kirwa’s name be returned to President Kibaki and Mr Odinga for fresh nominations because the constitutional requirements were not met during the nomination.
“Subsequent to the foregoing, the committee recommends that pursuant to Article 228 (1) of the Constitution of Kenya, the nomination of Mr William Kipkemboi Kirwa for the position of Controller of Budget be returned to the two principals for nomination in a manner that meets the stringent legal requirements and in particular those set out under Articles 10, 27, 73 and 232 of the Constitution,” says the committee in a 49-page report.
Article 10 talks of national values and good governance in making nominations; Article 27 deals with issues of discrimination; Article 73 dwells on leadership and integrity while Article 232 expounds on the values and principles of public service.
The Okemo committee, however, did not scrutinise the suitability of the nominee to the position and declared its readiness to vet Mr Kirwa if Parliament required so.
“If the National Assembly finds, contrary to the opinion of the Committee, that the nomination of Mr William Kipkemboi Kirwa met the stringent legal requirements, the Committee shall proceed to vet the nominee and recommend to the House accordingly,” they said.
The committee interviewed officials from the Office of the President, the office of the PM, Justice minister Mutula Kilonzo, the Commission on Implementation of the Constitution and other stakeholders for the report.
On a day marked by intense last-minute lobbying by PNU supporting the nominations of Mr Kirwa and those of the Chief Justice (Alnashir Visram), Attorney General (Githu Muigai) and Director of Public Prosecutions (Kioko Kilukumi), and ODM, which is opposed to them, the Speaker’s chamber was flooded with calls ahead of the presentations.
ODM leaders had threatened to frustrate debate in Parliament by raising constant points of order to ensure debate on the Motion did not happen.
PNU, on the other hand, expressed confidence especially after their meeting was attended by ODM lawmakers allied to suspended Higher Education Minister William Ruto.
Politics of brinkmanship prevented the committee on Justice and Legal Affairs from tabling its report after a majority of its members voted to vet nominees for the positions of AG and DPP. The position of Chief Justice, said sources in the committee chaired by Budalang’i MP Ababu Namwamba, would be referred back to the principals.
Perturbed by the turn of events, Mr Marende gave the Justice committee until 12.30pm on Wednesday to submit its report whether it was complete or not to give him time to make the highly expected ruling on Thursday.
“You have to table the report one way or the other, without fail, even if it’s one sentence; even if it is a minority or a majority report or both; or even an interim report. We cannot keep the whole country, indeed the whole House waiting eternally,” he told Mr Namwamba.
Mr Marende, whose land lines and cell phones have been inundated by calls regarding the ruling, had expected the two committees to submit their reports on Tuesday to pave way for a resolution to the row, which has captured the public psyche.
“It would appear that the committee is not ready and yet this is a matter of grave national importance which is keeping the country anxious,” he said.
Sources said local lobby groups and the international community have been calling Mr Marende, appealing to him to make a ruling that will keep the spirit of the Constitution, regardless of whether it hurts interests of one of the coalition partners. The international community has made similar calls over the row that has paralysed implementation of the Constitution.
President Kibaki and Mr Odinga have differed over the nominations, with the former pushing for adoption of the names, while the latter campaigns for their rejection.
On Tuesday, their political parties met and retained the differences, which are likely to be played on the floor of the House today and tomorrow when the Justice committee tables its report.
PNU MPs, who teamed up with their Ruto-allied ODM colleagues held a meeting at Panafric Hotel and resolved to push through the list of names, boasting of the numerical strength in the House.
Said Energy Minister Kiraitu Murungi: “Since we have the majority, what is there to stop us?”
Machakos MP Victor Munyaka added: “We want the President’s nominations to sail through because we believe they are constitutional. We want the committees to do the vetting so that we approve whatever report they bring to us.”
At Orange House after a parliamentary group meeting chaired by party deputy treasurer Mohamed Mahamud, 56 MPs vowed to block the nominations.
“Even the world knows the nominations were done by (ICC) suspects. If the suspects appoint their own Chief Justice, Attorney General, prosecutor and investigator then say they have appointed a tribunal, who will accept?” Immigration Minister Otieno Kajwang’ said.
President Kibaki released names of the nominees on January 28. Mr Odinga denounced the names the following day, stating that he was not consulted, triggering the heated debate over the matter.
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