Kibaki withdraws judicial nominees

STATEMENT BY H.E. HON. MWAI KIBAKI, C.G.H., M.P., PRESIDENT AND COMMANDER-IN-CHIEF OF THE DEFENSE FORCES OF THE REPUBLIC OF KENYA TO MOVE FORWARD THE CONSTITUTION IMPLEMENTATION PROCESS,KICC,22ND FEBRUARY, 2011

Fellow Kenyans, we are aware of the discussions which have taken place in Parliament and the country in general on the matter of the nominations to fill Constitutional Offices of Chief Justice, Attorney General, Director of Public Prosecutions and the Controller of Budget.

Following extensive consultations with a large section of Members of Parliament in order to ensure that national interest remains paramount, I reiterate that both the Legal and Justice Committee of Parliament as well as the Committee on Finance and Trade concluded that I have acted within my constitutional mandate in the execution of the nominations.

However, considering the importance of the office of the Chief Justice as the head of the Judicial Arm of the Government, I have considered all the concerns expressed in regard to this nomination and I have concluded that it is beneficial that the nomination to fill this office, during the transition period, is also done through the Judicial Service Commission.

In regard to the nomination of the Attorney General, I have invited the Rt. Hon. Prime Minister for further consultations. Furthermore I have also decided that the positions of the Director of Public Prosecutions and the Controller of Budget should be advertised through the Public Service Commission.

This will enable us to move forward the implementation process of the Constitution.

I appeal to all Kenyans to remain united as we forge ahead with implementation of the Constitution.

Thank you and God Bless our Nation.

STATEMENT BY HIS EXCELLENCY THE PRESIDENT OF THE REPUBLIC OF
KENYA AND COMMANDER-IN-CHIEF OF THE DEFENCE FORCES OF KENYA
ON THE NOMINATION OF CHIEF JUSTICE, ATTORNEY GENERAL,
DIRECTOR OF PUBLIC PROSECUTIONS AND CONTROLLER OF BUDGET

My fellow Kenyans, I wish to inform you that in duly nominating persons to be considered by the National Assembly for appointment to the positions of the Chief Justice, Attorney General, Director of Public Prosecutions and Controller of Budget, I acted within my constitutional mandate.

The Report of the Departmental Committee on Justice and Legal Affairs dated February 2011 regarding the above nominations observed:

1. That the process of nomination of the Chief Justice was constitutional and in accordance with Section 24(2) and Section 29 of the Sixth Schedule…’

2. That the process of nomination for the office of the Attorney General was constitutional…’

3. That the process of nomination for the office of the Director of Public Prosecutions was constitutional…(p.86).’

Similarly the Report of the Departmental Committee on Finance Planning and Trade
observed:

‘The unanimous view of the Committee is that there were actions by both His
Excellency the President and the Right Honourable the Prime Minister to comply with
the Constitution of Kenya in the process of nomination of a person for the position of Controller of Budget… (pages 45 and 46).’

None of these two Parliamentary Committees returned a verdict that myself and the Prime Minister had acted unconstitutionally in relation to the nominations.

Yesterday the Speaker of the National Assembly of Kenya arrived at a different position regarding the constitutional status of the nominations.

The principle of separation of powers between the three arms of government on this
important constitutional issue ought to have been respected. Therefore, the interpretation of the Constitution ought to have been left to the Judiciary.

In my actions as your President, I have at all times acted in accordance with the Constitution and the Laws of Kenya.

I understood that given our past, fidelity to the rule of law is of utmost importance in the running of our national affairs.

I also understand that there are those who urge that it is not enough to simply follow the provisions of the Constitution.

However, our primary duty is to ensure we are guided by the Constitution and ordinary law as enacted so as to ensure the smooth and predictable running of our country.


I wish to assure Kenyans that my government is committed to the implementation of our new Constitution.

Just as I led you my fellow citizens into the realization of a new Constitution, I am determined to lead you into the new phase of implementing the Constitution. This phase holds great promise in our life as a nation and individuals.

Before we can conclude the nominations that we have embarked upon, the government will await the verdict of the Constitutional Court on the nominations. In the meantime, we shall proceed with other aspects of implementing the Constitution.

THANK YOU