Prime Minister Raila Odinga addreses an ODM rally in Makongeni, Nairobi on January 30, 2011. PHOTO/STEPHEN MUDIARI
By DAVE OPIYO dopiyo@ke.nationmedia.com AND BERNARD NAMUNANE bnamunane@ke.nationmedia.comPosted Sunday, January 30 2011 at 22:00
Prime Minister Raila Odinga on Sunday moved to calm the waters as the row over President Kibaki’s nomination of top judicial officers provoked serious rifts in the government.
Mr Odinga offered to meet the President in an effort to resolve the disagreement away from public exchanges; but even as he spoke, the PNU wing of the coalition government was calling a meeting to map out strategies of taking the fight to Parliament.
President was misled
The PM told a rally in Nairobi that the President was misled into nominating Justice Alnashir Visram as Chief Justice, Prof Githu Muigai as Attorney-General, Mr Kioko Kilukumi as Director of Public Prosecutions and Mr William Kirwa as Director of Budget.
The PM, who has publicly rejected President Kibaki’s nominations and promised to block them said he said he did not wish to engage in a public spat but was willing to resolve the matter amicably. (Read: Why I reject new Chief Justice)
Said the PM at a rally in Nairobi’s Makongeni estate; “Mimi sitaki kupigana na yeye hadharani...yale mimi ninasema ni tufanye mambo yetu kiungwana. Kuna watu wengine ambao wanamskuma... hao ndio watu ambao wahaharibu (I do not want to fight with him in public. What I am saying is that want to resolve this issue in a gentlemanly way. There are people who are pushing him to take certain decisions. They are the spoilers.)”.
He expressed hope that the matter can be resolved. “I am sure we shall arrive at a solution to this matter...where there’s a will, there’s a way.”
Mr Odinga arrived back in the country on Saturday from the African Union Summit in Addis Ababa and denounced the nominations on grounds that he had not been consulted. He vowed to use constitutional means to reverse them.
However, government spokesman Alfred Mutua insisted that President Kibaki and Mr Odinga held several ‘intense’ consultations over names of the nominees with the first one being before Christmas and the last two days ago.
“Consultations do not mean one hundred percent agreement or one hundred percent consensus. Otherwise, the country would never move forward,” he said.
On Sunday, Prof Saitoti (Internal Security) and Mr Haji (Defence) who are part of the President’s delegation at the AU meeting described Mr Odinga denial of consultations as “disturbing and unwarranted”.
“We have confirmed there were exhaustive consultations before these nominations were made as required by the Constitution,” they said.
The nominations have sparked a divisive debate among politicians on both sides of the Grand Coalition, threatening to derail the reform process.
On Sunday, Mr Odinga wondered why there was a rush to replace outgoing AG Mr Amos Wako yet his contract had not run out.
The new Constitution requires Mr Wako to vacate office 12 months from August 27, last year – the date of promulgation of the new laws. (Read: Judiciary expects big changes)
He hinted at the possibility of the jobs being advertised by saying all Kenyans should be given an opportunity to apply for the jobs.
“Let those who excel in the interviews be given the jobs. Women should also be given a chance to apply for these positions,” said the PM amid cheers from his supporters.
The PM was accompanied by Lands minister James Orengo, his Immigration counterpart Otieno Kajwang’, Assistant minister Elizabeth Ongoro, MPs Rachael Shebesh and Martin Ogindo.
Mr Kajwang and Orengo said it was clear that the President flouted the constitution in making the nominations. “The new law is clear that the Prime Minister has to be consulted. Consultations means that there must be an agreement,” said Mr Kajwang.
Mr Orengo on his part termed the nominations ‘unlawful, unconstitutional and ill advised’. “I therefore ask Kenyans to stand firm and ensure that the nominations are reversed,” he said. (Read: Kibaki appoints new CJ as ODM protests)
As they spoke, it emerged that Vice President Kalonzo Musyoka who is expected back today from Nigeria has called for PNU parliamentary group to discuss their strategy in Parliament over the nominations.
Acting PNU chief whip Johnstone Muthama confirmed the meeting. “There will be a PG meeting of PNU affiliate parties and friendly MPs to discuss issues which have cropped up. We have to find a way of dealing with issues that are raising temperatures,” he said.
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