Sunday, January 30, 2011

LSK, MPs approve Kibaki's judiciary nominees

By NATION TEAMPosted Sunday, January 30 2011 at 11:49

The Law Society of Kenya (LSK) and 16 Members of Parliament have separately thrown their weight behind President Kibaki's nominees for the positions of Chief Justice, Attorney General and Director of Public Prosecution.

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The society said as a professional body it had no problem with any of the three nominees by the President for the posts of Chief Justice, Attorney General and Director of Public Prosecutions.

“They are high standing lawyers with no tainted track record in discharging their duties”. We look forward to closely working with them”, LSK chairman Kenneth W. Akide, said in Arusha on Sunday.

He said Kenyans were looking forward to see the three individuals transform the country’s Judiciary as contemplated by the New Constitution.

Mr. Akide, who is in Arusha to for the East African Law Society meeting, said LSK was not bothered if the President had consulted the premier over the nominations which were announced on Friday.

“Those are political considerations. Let them (Kibaki and Raila) square it up in parliament or in any other political forum”, he said in an interview at an Arusha hotel.

He added that as a professional body, LSK has no problem with the three nominees.

“We are making these comments on the basis of their knowledge. Politicians have their own standards. Let them square it up elsewhere”.

The LSK boss said Justice Visram has a track record of respectable judicial experience and decisions.

“He is also a neutral appointee given the nature of Kenya politics. He can bring neutrality to the contest. He should try to think outside the box”, he said, adding that LSK and Kenyans in general have been fighting to have the Judiciary radically transformed.

“In the view of us lawyers, we look forward to working closely with him in transforming the Judiciary as contemplated by the New Constitution."

16 Members of Parliament drawn from PNU and its affiliates as well as the rebel ODM legislators from Rift Valley also threw their support behind President Kibaki's nominees for the positions of Chief Justice, Attorney General and Director of Public Prosecution.

In a press conference on Sunday, the legislators said they have the numbers to see through the nomination of the three candidates in Parliament.

The MPs included Beth Mugo, Johnstone Muthama, Kiema Kilonzo, Julius Kones, Ephraim Maina, Benjamin Lagat and Kambi Kazungu.

The President had on Friday nominated Court of Appeal Judge Alnashir Ramazanadi Magan Visram for the position of Chief Justice to replace Mr Justice Evan Gicheru.

President Kibaki also nominated law professor Githu Muigai to take over from Mr Amos Wako as Attorney General.

The President also proposed Mr Kioko Kilukimi, a Nairobi lawyer for the new powerful post of Director of Public Prosecutions.

The Managing Director of the Agricultural Development Corporation, Mr William Kirwa, was proposed for the new position of Controller of Budget.

Prime Minister on Saturday protested that he had not been consulted and said that he would use “constitutional means” to block the nominations.

“As Prime Minister, I was not consulted at all. The Constitution also requires that any appointment by the President in terms of Section 29 of the Transitional and Consequential Provisions (The Sixth Schedule of the Constitution) can only be made after consultations with the Prime Minister and with the approval of the National Assembly.

“The National Accord and Reconciliation Act, which has a constitutional status on the principles of partnership of the coalition government, states that there must be real power sharing, constant consultations, mutual trust and confidence,” Mr Odinga said.

Deputy Prime Minister Musalia Mudavadi on Saturday also criticized the appointments made by President Kibaki saying they were “unconstitutional.”

He said it was wrong for the President to have gone ahead to make the appointments without any consultations with the Prime Minister as set out in the Constitution.
LSK, MPs approve Kibaki's judiciary nominees

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By NATION TEAMPosted Sunday, January 30 2011 at 11:49

The Law Society of Kenya (LSK) and 16 Members of Parliament have separately thrown their weight behind President Kibaki's nominees for the positions of Chief Justice, Attorney General and Director of Public Prosecution.

Related Stories

Raila's protests "unwarranted"
The society said as a professional body it had no problem with any of the three nominees by the President for the posts of Chief Justice, Attorney General and Director of Public Prosecutions.

“They are high standing lawyers with no tainted track record in discharging their duties”. We look forward to closely working with them”, LSK chairman Kenneth W. Akide, said in Arusha on Sunday.

He said Kenyans were looking forward to see the three individuals transform the country’s Judiciary as contemplated by the New Constitution.

Mr. Akide, who is in Arusha to for the East African Law Society meeting, said LSK was not bothered if the President had consulted the premier over the nominations which were announced on Friday.

“Those are political considerations. Let them (Kibaki and Raila) square it up in parliament or in any other political forum”, he said in an interview at an Arusha hotel.

He added that as a professional body, LSK has no problem with the three nominees.

“We are making these comments on the basis of their knowledge. Politicians have their own standards. Let them square it up elsewhere”.

The LSK boss said Justice Visram has a track record of respectable judicial experience and decisions.

“He is also a neutral appointee given the nature of Kenya politics. He can bring neutrality to the contest. He should try to think outside the box”, he said, adding that LSK and Kenyans in general have been fighting to have the Judiciary radically transformed.

“In the view of us lawyers, we look forward to working closely with him in transforming the Judiciary as contemplated by the New Constitution."

16 Members of Parliament drawn from PNU and its affiliates as well as the rebel ODM legislators from Rift Valley also threw their support behind President Kibaki's nominees for the positions of Chief Justice, Attorney General and Director of Public Prosecution.

In a press conference on Sunday, the legislators said they have the numbers to see through the nomination of the three candidates in Parliament.

The MPs included Beth Mugo, Johnstone Muthama, Kiema Kilonzo, Julius Kones, Ephraim Maina, Benjamin Lagat and Kambi Kazungu.

The President had on Friday nominated Court of Appeal Judge Alnashir Ramazanadi Magan Visram for the position of Chief Justice to replace Mr Justice Evan Gicheru.

President Kibaki also nominated law professor Githu Muigai to take over from Mr Amos Wako as Attorney General.

The President also proposed Mr Kioko Kilukimi, a Nairobi lawyer for the new powerful post of Director of Public Prosecutions.

The Managing Director of the Agricultural Development Corporation, Mr William Kirwa, was proposed for the new position of Controller of Budget.

Prime Minister on Saturday protested that he had not been consulted and said that he would use “constitutional means” to block the nominations.

“As Prime Minister, I was not consulted at all. The Constitution also requires that any appointment by the President in terms of Section 29 of the Transitional and Consequential Provisions (The Sixth Schedule of the Constitution) can only be made after consultations with the Prime Minister and with the approval of the National Assembly.

“The National Accord and Reconciliation Act, which has a constitutional status on the principles of partnership of the coalition government, states that there must be real power sharing, constant consultations, mutual trust and confidence,” Mr Odinga said.


Deputy Prime Minister Musalia Mudavadi on Saturday also criticized the appointments made by President Kibaki saying they were “unconstitutional.”

He said it was wrong for the President to have gone ahead to make the appointments without any consultations with the Prime Minister as set out in the Constitution.

AU new deal to help Ouattara "exercise power"

Issouf Sanogo| AFP Cote d’Ivoire’s internationally recognised leader Alassane Ouattara (right) and Africa’s mediator in Ivorian leadership crisis, Prime Minister Raila Odinga wave to the crowd at a hotel in Abidjan.

Issouf Sanogo| AFP Cote d’Ivoire’s internationally recognised leader Alassane Ouattara (right) and Africa’s mediator in Ivorian leadership crisis, Prime Minister Raila Odinga wave to the crowd at a hotel in Abidjan.
By AFPPosted Sunday, January 30 2011 at 12:44

ADDIS ABABA, Sunday

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African leaders will make a fresh bid to resolve the Ivory Coast crisis and respond to the latest political uprisings in Tunisia and Egypt at a two-day summit starting Sunday.

Pre-summit meetings at the African Union headquarters in Addis Ababa made a new proposal to task five heads of state to reach a deal to end the two-month leadership wrangle between Ivorian strongman Laurent Gbagbo and Alassane Ouattara, recognised as winner of their disputed November polls.

The panel will aim to help Ouattara "exercise power" through a negotiated deal, AU Commission chief Jean Ping said on the eve of the summit.

"There was a reaffirmation of the decision to recognise Ouattara as the president-elect," he told reporters.

The AU mediator to the crisis, Kenyan Prime Minister Raila Odinga, urged the summit to send a "strong and unequivocal message that the two parties must negotiate face-to-face."

The AU's efforts to end the Ivorian crisis and respond to the uprisings in Tunisia and Egypt come as it is poised to appoint as its chairman Equatorial Guinea's President Teodoro Obiang Nguema who himself came to power through a coup in 1979.

The AU has yet to react to the popular revolt in Tunisia where weeks of protests ended the 23-year-old rule of president Zine El Abidine Ben Ali.

On Saturday the bloc said it was "concerned" by the political unrest in Egypt which has claimed over 100 lives in five days.

"Egypt is going through a situation which we need to observe. It is a worrying situation," Ping told reporters Saturday.

"After what happened in Tunisia, we are observing the events elsewhere and we are concerned," he added.

Following south Sudan's referendum in which voters have chosen to secede, a special meeting on Sudan is to be held Monday between Sudan's President Omar al-Bashir, his deputy Salva Kiir, also the president of south Sudan, UN chief Ban Ki-moon and Ethiopian premier Meles Zenawi.

Kenya meanwhile has been lobbying African leaders to give their backing to deferring the cases of top officials named by the International Criminal Court's prosecutor as suspects in the 2007-2008 deadly post-election violence.

Raila's protests "unwarranted"

President Mwai Kibaki accompanied by Internal Security Minister who is also the acting Foreign Minister Prof George Saitoti during the opening of the African Union summit in Addis Ababa in Ethiopia on January 30, 2011. PHOTO / PPS

President Mwai Kibaki accompanied by Internal Security Minister who is also the acting Foreign Minister Prof George Saitoti during the opening of the African Union summit in Addis Ababa in Ethiopia on January 30, 2011. PHOTO / PPS
By EMMANUEL ONYANGO, PPSPosted Sunday, January 30 2011 at 14:56

President Kibaki on Sunday gave a robust defence to the nominations he made to the positions of Chief Justice, Attorney General and Director of Public Prosecution and repulsed assertions by Prime Minister Raila Odinga that consultations were not made prior to the Friday announcement.

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* LSK, MPs approve Kibaki's judiciary nominees

A statement dispatched by the Presidential Press Service from Addis Ababa termed as “unwarranted” Prime Minister Odinga’s stand that President Kibaki did not consult him in announcing nominees for the three top jobs.

The statement, signed by Internal Security Minister who is also the acting Foreign Minister Prof George Saitoti and his Defence counterpart Yusuf Haji, said Raila's protestations "are divisive" and will "generate unnecessary anxiety" in the country.

Both ministers have accompanied the President to the African Union Summit in the Ethiopian capital.

"We have confirmed with H.E the President that indeed there were exhaustive consultations before these nominations were made as required by the Constitution. We, therefore, find the claim that the nominations were done without consultations and without adherence to the Constitution disturbing and unwarranted. It should be made crystal clear that consultations were undertaken."

"He (Kibaki) was also aware that the names of those nominated will have to be approved by parliament as required by the constitution. Parliament is the body that will decide, on behalf of the people of Kenya , whether the nominees should be appointed.

"We caution against divisive utterances by leaders that will generate unnecessary anxiety. Specifically, remarks to the effect that the President’s decision has “thrown the country into a major constitution crisis” are exaggerated and uncalled-for," the two ministers said.

The names of the nominees are set to be forwarded to Parliament in the coming days where they will be vetted by the Committee on Justice before they are laid before the House for a vote.

The balance of strength in parliament has tilted in favour of President Kibaki following the fallout in ODM. This is the support base the president is banking on to approve his nominees.

The statement from the Presidential Press Service was dispatched as President Kibaki attended the official opening of the 16th Ordinary Session of the Assembly of Heads of State and Government.

Issues relating to peace, democracy, governance and food security in the continent dominated the speeches during the opening of the two-day summit whose theme is “Towards Greater Unity and Integration through Shared Values” discussed issues relating to peace, democracy, governance and food security in the continent.

Addressing the summit at United Nations Economic Commission for Africa (UNECA) Conference Centre in Addis Ababa, outgoing Chairman of the African Union President Bingu wa Mutharika of Malawi said African countries should embrace the African Food Basket Programme which would enable the continent to produce enough food for its people.

KILUKUMI PROFILE

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WERE THERE CONSULTATIONS

GAMES BEING PLAYED

CONSTITUTIONAL CRISIS

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