Photo/FILE There were calls on May 31, 2011 to move fast and allay fears that Parliament was holding the country to ransom by the continued delay of the formation of a vetting committee.
By NJERI RUGENE nrugene@ke.nationmedia.com
Posted Wednesday, June 1 2011 at 22:00
Posted Wednesday, June 1 2011 at 22:00
In Summary
Those who were to sit on Ad hoc committee
| ODM’s list | CONSTITUENCY | PARTY |
| Manson Nyamweya | South Mugirango | Ford-People |
| Gitobu Imanyara | Central Imenti | CCM |
| Rachel Shebesh | Nominated | ODM |
| Joyce Laboso | Sotik | ODM |
| Alfred Sambu | Webuye | ODM |
| Danson Mwazo | Voi | ODM |
| PNU’s List | ||
| Njoroge Baiya | Githunguri | PNU |
| George Nyamweya | Nominated | PNU |
| Amina Abdalla | Nominated | PNU |
| Abdikadir Mohammed | Mandera Central | Safina |
| Mutava Musyimi | Gachoka | PNU |
The stalemate in the vetting of the Chief Justice has been broken.
A parliamentary committee has now all but been given the green light to vet Dr Willy Mutunga, Ms Nancy Baraza and Mr Keriako Tobiko for CJ, deputy CJ and Director of Public Prosecutions respectively.
The House Business Committee, which draws up Parliament’s agenda, made the decision on Tuesday night after realising that the perpetual wrangles between ODM and PNU would delay the appointment of Chief Justice, his deputy and the Director of Public Prosecutions.
The Constitutional Implementation Oversight Committee, chaired by Mandera Central MP Abdikadir Mohammed, will vet the three nominees.
Insiders at the Tuesday night meeting chaired by Deputy Prime Minister Musalia Mudavadi said most members felt bickering in the coalition would hold up the formation of a vetting committee and delay the appointments.
There were calls to move fast and allay fears that Parliament was holding the country to ransom by the continued delay.
The committee noted that Speaker Kenneth Marende had set a precedent — only last month — when he directed the Constitutional Implementation Oversight Committee to take over the work of the wrangle-hit Justice and Legal Affairs Committee to consider amendments to the key Independent Electoral and Boundaries Commission Bill. (READ: Justice team won’t handle Bill)
The House debated and passed the Bill alongside that on the salaries and remuneration commission. The two constitutional Bills now await President Kibaki’s assent.
Earlier on Tuesday, the House Business Committee hit a stalemate when ODM chief whip Jakoyo Midiwo failed to produce his party’s list as agreed.
A PNU group meeting on Tuesday declined to leave a slot for Ms Martha Karua’s Narc Kenya. Sources said Mr Midiwo withheld the ODM list to prevent further wrangling over the names.
Besides, it was argued that the fresh row in PNU over refusal to pick a representative from its Narc Kenya affiliate would cause even further delay and fatigue.
On Thursday afternoon, the Speaker is expected to announce that the oversight team, chaired by Mr Mohammed will vet the three appointees.
The 27-member committee comprising of eight members of the government will be expected to start work on Friday.
Justice minister Mutula Kilonzo is also expected to bring a statement to Parliament on Thursday explaining why the House as a committee cannot discuss the names without references to committees.
He referred to Article 166 of the Constitution that only provides “for approval by the National Assembly”’ without reference to a committee.
There have wrangles over the numbers each party will present. ODM, with a parliamentary majority of 115 MPs to PNU’s 106, wanted a committee of 11 with five for its partner.
However, after the parliamentary group meeting on Tuesday, PNU stuck to its six members of the Justice committee.
The new development means that naming of the ad hoc committee has now been overtaken by events.
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