Kibaki answers Raila

By Martin Mutua
President Kibaki answered Prime Minister Railla Odinga over his rejection of list of nominees he has picked for four constitutional offices — but through his Cabinet proxies.
They spoke out as MPs supporting Kibaki, mainly from Central Kenya, declared they were ready to face Raila’s allies in Parliament when the time comes for the House to vet the appointees picked by President. Overall, going by reactions by both sides, the battle between Kibaki and Raila appeared headed for Parliament where MPs often vote along party and ethnic lines rather than the twin issues of constitutionalism and fairness to both sides of the ruling coalition.

Raila (left), says he will meet President Kibaki (right) and pursue diplomatic action to resolve controversy over list of nominees Kibaki has picked for four constitutional offices.

Curiously, it is two members of the President’s Party of National unity in the Grand Coalition Cabinet who both hold Security-related dockets, who picked up Raila’s gauntlet on behalf of the President.
Further sign the ministers — Prof George Saitoti (Internal Security) and Mr Yusuf Haji (Defence) — were communicating the President’s response to Raila was discernible in the fact their statement was released by the Presidential Press Service, which is solely at the disposal of the President. Saitoti is the PNU Chairman while Haji belongs to Kanu, which is an affiliate of the larger PNU alliance.
"We have confirmed with H.E. the President that indeed there were exhaustive consultations before these nominations were made as required by the Constitution," said Saitoti and Haji.
The ministers responded to Raila’s rejection of Kibaki’s nominations on the premise he was not consulted, even though State House insisted the discussions actually took place, as the PM appeared to change tact and push for a diplomatic solution to the row between him at the President.
Raila told a city rally he was optimistic the controversial nominations of four individuals to the office of Chief Justice, Attorney General, Director of Public Prosecutions and Director of Budget, would be solved amicably. He, however, insisted the President might have been misled into making the nominations unilaterally.
In an apparent twist of tact, the PM announced he would not engage President Kibaki over the matter in public but would meet him and solve the matter diplomatically. "Mimi sitaki kupigana na Kibaki hadharani, nataka kusuluhisha haya maneno kiungwana," (It is not my wish to attack Kibaki in public. We will meet and solve this issue diplomatically) said the PM.
It also emerged the PM’s side is planning to stall tabling of the names in Parliament by writing to Speaker Kenneth Marende requesting him to make a ruling on whether the names should be accepted in the absence of consultation. "We hear they will try to force the Speaker to make a ruling, but Section 63 specifically gives the High Court the power to interpret the Constitution and that is the route those opposed to the appointments should take," argued an MP.
Harambee house
Imenti Central MP Gitobu Imanyara claimed he had a list the President gave the PM when the issue first cropped up. According to him, the list the PM was shown at Harambee House shortly before he left for Ethiopia for an AU meeting had Justice Kariuki Kihara as CJ, lawyer Fred Ojiambo for AG and Kilukumi for DPP.
"There was no agreement reached then and the PM requested the matter be left pending until he comes back only to be informed that the President was set to announce the names which had been substituted," said Imanyara.
He said he was confident Speaker would not clear the names for debate in Parliament. Justice minister Mutula Kilonzo lamented the two principals having ignored his advice to advertise the positions must "now face the music in Parliament and risk damaging the Judicial renewal even before it begins."
Saitoti and Haji spoke as the President, who is busy with African Union and Igad meetings in Addis Ababa stuck to his traditional silence when a political storm is raging around him. Their statement that there was no constitutional crisis and there was adequate consultation between the President and the PM echoed sentiments raised by Government Spokesman Alfred Mutua on Saturday.
Dr Mutua usually communicates the stand of the President, communicated through Head of Civil Service Mr Francis Muthaura, when Kibaki and Raila, or their parties, are at odds on serious political issues at which they are expected to work together.
Given their dockets in Cabinet, which Raila’s side could have noted, Saitoti and Haji warned politicians against making inflammatory statements that could cause anxiety. "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 constitutional crisis" are exaggerated and uncalled-for," they said.
House to decide
The two ministers also said Parliament would decide whether the nominees should be given the jobs for which Kibaki has nominated them.
Saitoti and Haji directly hit out at Raila, who is their senior in Government, saying they found the claim that the nominations were done without consultation and without adherence to the constitution "disturbing and unwarranted".
But addressing crowds at Makongeni Grounds in Nairobi, Raila said he does not want a fight with Kibaki over the nominations of Justice Alnashir Visram to be the next CJ, Prof Githu Muigai to take over from Mr Amos Wako as AG, Kioko Kilukumi to be DPP, and Agricultural Development Corporation Managing Director Mr William Kirwa to be Controller of Budget.
Barring the possibility of intervention through a court injunction, the names of the nominees would be presented for approval or rejection to Parliament.
A preview of what could transpire in Parliament played out yesterday. A group led by spokesmen for MPs from different regional blocs met and announced they would vote for the nominees.
Leaders of the group of 16 MPs were Rift Valley Parliamentary Group spokesman Julius Kones, his Central Kenya counterpart Ephraim Maina and PNU Chief Whip Johnstone Muthama (Eastern). Three of the nominees have their roots in the blocs for which the senior MPs spoke for. Mutitu MP Kiema Kilonzo was among those who attended their news conference.
On Saturday, Kiema hosted Deputy Prime Minister Uhuru Kenyatta and Eldoret North MP William Ruto in his constituency where they defended the appointments.
Saboti MP Eugene Wamalwa argued Raila should go to court if it was true he was not consulted or leave it to MPs to decide. Cabinet Minister William ole Ntimama, who is Raila’s ally, said: "We will put up a spirited fight in Parliament. They have the money but we will bank on like-minded MPs,’’ vowed Ntimama.