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The Judicial Service Commission has rejected the nominations made by President Mwai Kibaki to the positions of Chief Justice, Attorney General, Director of Public Prosecutions and Controller of the budget.
The Commission says it should have been fully involved in the recruitment process. Section 172 of the new constitution gives the commission the mandate to conduct the recruitment exercise and shortlist candidates for appointment to positions in the Judiciary.
Addressing the press at the Nairobi High Court Monday, JSC secretary Lydia Achode said the law gives the commission the mandate to conduct the recruitment exercise.
"There is an urgent need for a rethink of the matter and put the country first. That entails a withdrawal of the nominations and a fresh start," she said.
On Friday, President Kibaki nominated Court of Appeal judge Alnashir Visram to be Chief Justice, Prof Githu Muigai as Attorney General, and Kioko Kilukumi as Director of Public Prosecutions.
The President also picked former Agricultural Development Corporation managing director William Kirwa as Controller of Budget.
But Prime Minister Raila Odinga has come out to state that he was not consulted in the nominations as required by law, sparking a controversy.
He maintains that the appointments were unfairly done.
A statement from the Presidential Press Service said the appointments had been made after consultations with the Prime Minister and in accordance with the Constitution.
The names of the nominees have to be vetted by parliament before being taken back to the president for approval.
Meanwhile, Gichugu MP Martha Karua has said that the Executive has taken the powers of another arm of Government in naming a nominee to be vetted for the office of Chief Justice.
She said only the JSC had the mandate to shortlist candidates for appointment to positions in the Judiciary.
She said that the naming of Justice Alnashir Visram as a nominee for Chief Justice by President Mwai Kibaki was illegal and the schedule annexed to the new Constitution should not supersede the Constitution itself which bestows the appointment of judicial officers on the Commission.
She added that those charged with the task of implementing the new constitution should avoid taking shortcuts and Kenyans needed to be vigilant to ensure such shortcuts did not rob them of the gains that came with the new Constitution.
Elsewhere, the Constitution Implementation Commission tasked with overseeing that the due process is followed in operationalization of the new constitution spent the better part of the day locked in a meeting in bid to find a way forward over the nominations.
The row over the nominations has sparked yet another stand off in the Grand Coalition government and the battle could further escalate on the floor of the House if indeed the list of the controversial nominees is tabled in parliament as it is.
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