PSC can recruit budget chief and DPP - Nyachae

Monday, 07 March 2011 00:02 BY NZAU MUSAU

OUTLINED: The CIC Chairman Charles Nyachae during an Interview at his office.

The Commission for Implementation of the Constitution has no problem with Public Service Commission recruiting the new director of budget and that of public prosecution as long as it fulfils all constitutional requirements.

The CIC chair Charles Nyachae told the Star that the high standards set by the constitution should be upheld whatever process is used to recruit the new positions. The initial nominees to the positions were withdrawn due to public outcry.

Prime Minister Raila Odinga had opposed the use of PSC to recruit the two saying the composition of the current PSC does not meet the constitutional threshold . “The bottom thing is that all relevant provisions of constitution are taken into account. We have in mind all provisions of public participation, national values, transparency, accountability, integrity and equality and also the chapter on leadership," Nyachae saidn an interview published in full elsewhere in this paper. “As long as all those are taken into account in the process that will be carried by PSC, we will be happy.”

According to Article 233 (1) of the constitution, the new PSC will comprise nine members appointed by the president with the approval of the National Assembly. The current PSC has 16 members.

This is however subject to Article 29 (2) of the transitional clauses which says all appointments to be made by the President with the approval of the Parliament before the next elections will have to be subjected to the National Accord and Reconciliation Act.

Moreover, the PSC, which is listed in Article 248 of the Constitution as one of the commissions and independent offices, is subjected to Article 250 (4) of the constitution which says: “Appointments to commissions and independent offices shall take into account the national values referred to in Article 10, and the principle that the composition of the commissions and offices, taken as a whole, shall reflect the regional and ethnic diversity of the people of Kenya.”

Article 31 (1) of transitional clauses on existing offices however guarantees the continuation of the current PSC as constituted. The recently passed Vetting of Judges and Magistrates Bill, 2011 only tasks PSC with the creation of a selection panel comprising of eight representatives of various entities among them PSC itself.

The other seven are representatives from the cabinet office, office of the PM, ministry responsible for judiciary, office of the AG, ministry in charge of public service, Judicial Service Commission and the Law Society of Kenya.

The panel is to recruit members of the board that will vet all judges. The panel will consider all applications, interview them all and select at least three candidates for each of the six posts as well as the chair.

PSC’s role is in the process is essentially secretarial with people applying to it, publishing in the gazette the entire list of all applicants and forwarding the people selected by the panel to the president and PM for nomination.