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.

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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.