MPs approve Kibaki's JSC nominee

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Reverend Samuel Kobia before the Parliament's Constitution Implementation Oversight Committee on August 2, 2011 at Charter Hall. MPs approved his nomination to the Judicial Service Commission August 9, 2011. JENNIFER MUIRURI 

By ALPHONCE SHIUNDU ashiundu@ke.nationmedia.com
Posted  Tuesday, August 9  2011 at  18:13

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President Kibaki’s nominee to the Judicial Service Commission came through allegations about his academic credentials and another attempt to challenge the procedure of his appointment to garner MPs’ approval.

The House approved Rev Samuel Kobia despite a cloud of controversy over his PhD. Thus he has been designated as the replacement to Catholic Bishop Anthony Muheria who resigned after his appointment.

The lawmakers warded off allegations about Rev Kobia’s PhD, allegedly obtained from Fairfax University, a university which did not exist on the dates when he is said to have received the degree.

MPs poured accolades on the cleric calling him “a towering theologian”, “a man of integrity”, “a man of substance”, “a man whose credentials are unquestioned”. They dismissed the doubts about the PhD, saying that in any case, to sit in the JSC did not require one to have the advanced degree.

Save for Mr Mohammed Affey (nominated, ODM-K), all the MPs unreservedly supported the President’s nominee. Nonetheless, Mr Affey said the MPs “have to be very sure” about nominees, but still went ahead to support his approval.

The vice chair of the Constitutional Implementation Oversight Committee, Ms Millie Odhiambo said the committee had gone through the curriculum vitae of the nominee and was “overwhelmingly unanimous” about his ability to serve the country as a commissioner in the JSC. She rallied MPs to support the nominee saying he was the best pick from the commission.

Deputy Speaker Farah Maalim who presided over the approval in the House said the Constitution had an error and that the drafters did not get their cross-referencing -- between the Sixth Schedule and the main body of the Constitution – right.

“It is a typographical error, which I am sure will be corrected. We are the framers of this Constitution,” said Mr Maaalim. “We not only look at the face value of the Constitution. We also look at the intention of the framers.”

He said that though Section 20(3)(d) of the Constitution cited article 171 (4)(h), which does not exist, the intention was to cite 171(2)(h) on how the President will pick his nominee to the commission, that is spearheading reforms in the Judiciary led by Chief Justice Willy Mutunga.

But it is the defence against Rev Kobia’s papers that took precedence in Parliament.

“(Rev Kobia’s) academic credentials are not in doubt. I have seen the copy of the PhD thesis and I have also seen the book that was published as a result of his PhD research. But even with or without that PhD that has been challenged, he is still a Doctor of Divinity,” said Mr Kiraitu Murungi, the Minister of Energy.

Dr Eseli Simiyu (Kimilili, Ford Kenya) said the Constitutional Implementation Oversight Committee was not privy to the doubts of Rev Kobia’s academic credentials.

“That information was not before the committee at the time of the deliberation; we were not looking at PhD considerations. As a committee we believe that he is still qualified to serve in the Judicial Service Commission,” said Dr Eseli.