By Martin Mutua
If the nominations by President Kibaki are allowed to take effect, judicial reforms would have been dealt a major blow.
Justice and Constitutional Affairs Minister Mutula Kilonzo warned that the Ocampo Six would have to be tried at The Hague as the local mechanism envisaged after the judicial reforms would not have been attained.
"If the intention was to show the African Union and other countries that we are renewing our institutions, then we just shot ourselves in the foot. You cannot afford to have a prosecutor, Attorney General and a Chief Justice perceived to enjoy the support of one political party," he added.
Mutula told the BBC in an interview that he had been arguing since last August that the positions be filled so the country could have a new AG, prosecutor, CJ and an Inspector General of Police to restructure police services. The minister said he hoped the Government would use a person appointed by the Inspector General to investigate the post-election violence crimes and a new prosecutor to charge the suspects.
A special Bench would be established under Section 8 of the International Crimes Act consisting of new judges who will have been vetted.
While describing the nominations as "unconstitutional", Mutula said the Constitution provided that a third of the nominations be filled by women, which was not the case.
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