MPs' Committee summons Kibaki and Raila over nominations row

By David Ochami And Peter Opiyo
One of the Parliamentary committees charged with writing a report on the controversial nominations of key constitutional offices wants President Kibaki and Prime Minister Raila Odinga to testify on the matter.
The Finance Committee headed by Nambale MP Chris Okemo Monday said they want Kibaki and Raila to testify on the nomination of William Kirwa as Controller of Budget, but added that the two principals can send representatives to present their evidence, which would be taken in public.
"We will seek the principals or their nominees to shed light on the correspondence before the House," said Okemo yesterday. Also invited by the Okemo committee is Attorney General Amos Wako, who as a member of the Judicial Service Commission (JSC), opposed the nominations.
The committee said they would first listen to what Wako has to say on the nominations that were thrown into controversy after Raila said that he was not consulted.
Next to testify would be Mr Charles Nyachae, the chairman of the Commission on Implementation of the Constitution (CIC).
The committee also invited seven institutions besides CIC to testify on the nomination of Kirwa.
All the Finance Committee’s 11 members attended yesterday’s meeting in Parliament.
On its part, the Justice and Legal Affairs Committee headed by Budalangi MP Ababu Namwamba asked for records of Kibaki’s meetings with the Raila, to determine if there were consultations over the controversial nominations.
The committee is handling the nomination of Justice Alnashir Visram as Chief Justice, Prof Githu Muigai as Attorney General and Kioko Kilukumi as Director of Public Prosecution.
Namwamba said the committee would look at the letter written by Prime Minister Raila Odinga on the nominations, as well as the minutes of the meetings between the two, to judge the credibility of the nominations.
Sub-judice rule
He also said that the committee would today resolve whether it was all right for them to continue discussing an issue that was the subject of a court case.
"The sub-judice rule is something we will look at. This matter is of critical importance and the committee can seek that point of reference," said Namwamba.
Namwamba said his committee would also look at the constitutionality of the matter by looking at the National Accord and Reconciliation Act, as well as Article 166 of Chapter 10 and Article 24 of the sixth schedule of the new Constitution.
Chepelaungu MP Isaac Ruto, who is a member of the committee said that discussing the "constitutionality of the nominations is not our agenda."
The Committee will also look at the minutes of Judiciary Service Commission (JSC) and CIC who have said they are opposed to the nominations.
The two committees opted to proceed with interrogation of the four nominations, despite a court order issued by Justice Daniel Musinga blocking the appointments. Parliament’s legal department advised the committees to continue with their work and ignore the court order, because the ruling cannot interfere with Parliament’s business.
Speaker Kenneth Marende has already ruled that Parliament will continue dealing with issue. There were no court cases when the issue was first raised in Parliament, and order blocking the came while Marende was issuing his ruling on Thursday.
Justice Musinga declared the nominations illegal and barred all state offices from discussing the matter until a case filed by several organisations against the president’s actions is determined.
"Parliament cannot be held hostage," said Okemo who added that the committee would invite all parties interested in the matter, or who have opposed the nominations.
Submit memoranda
"We have invited members of the public to submit memoranda in writing on the constitutionality of the nomination as well as the suitability of the nominee starting tomorrow (today)," said Okemo who disclosed that the committee also invited representatives of the Law Society of Kenya, International Commission of Jurists, Attorney General, JSC, Muslim bodies and churches.
According to Okemo, the committee will proceed with its investigation and write a report.
"We will come up with our findings, and if they are to be challenged, it may have to be by a higher court.
Hope that Kibaki and Raila would reach an agreement outside of Parliament were dashed Monday, after they emerged from the President’s Harambee House office to announce the matter was in the hands of Parliament.