Raila blames Kibaki handlers for judicial nominations row

By Martin Mutua

Prime Minister Raila Odinga has blamed President Kibaki’s advisers for the judicial appointments row.

"The buck stops with the President and the Prime Minister, but the advisers can outreach themselves and that is where the problem is," the premier said.

Raila said he had worked with Kibaki for about 20 years, adding opportunists responsible for the collapse of the 2003 MoU were to blame for the current stalemate.

"Unfortunately, when the same elements come in between me and the President, that’s when you see these kind of problems," he added.

Raila, who hosted editors for a breakfast meeting at KICC, Nairobi, downplayed the row, describing it as a "passing cloud" that would be resolved.

He said the Coalition Government was not about to disintegrate.

"I can confirm the coalition will not collapse, otherwise we will not have come this far," he added.

The PM said coalition governments had challenges because each side holds different policies.

"What should happen is that the principals must guard against their lieutenants," he added.

New boundaries

Mr Martin Mutua of The Standard (centre) and other editors met Prime Minister Raila Odinga (right) at a breakfast meeting at the KICC, Nairobi, Wednesday. [PHOTO: BONIFACE OKENDO/STANDARD]

Raila said elections would not be held next year before the number of constituencies is increased to 290 as the Constitution stipulates.

"How the country will fare next year depends on how we do this year," he said.

He added: "I am fully committed to the implementation of the Constitution and I’m aware some people in Government are undeniably opposed to the process."

Raila said the appointment of a new Chief Justice should be done on merit.

On post-election chaos trials, Raila said those who were rooting for a local tribunal had opposed the process in support of The Hague.

"All were for the Hague process until Moreno-Ocampo came up with the names and the story changed," he added.

The PM said deferral could only be done by the UN Security Council under Article 16 of the International Crimes Act.

He said when the Africa Union sought a deferral for Sudanese President Omar Al Bashir’s case, no response was forthcoming.

Raila said only three African countries — South Africa, Nigeria and Equatorial Guinea — were members of the Security Council.

"How does the AU play a role in our case?" said Raila, adding "why run around lobbying Gadaffi ( Libya) and all those other countries then claim to have reclaimed Kenya’s dignity."

The PM said the Government ought to have lobbied the five permanent council members of the Security Council with veto powers.

He said it was for this reason that he had spoken of referral, not deferral of the cases and insisted on dealing with the international court directly. ICC Prosecutor Luis Moreno-Ocampo is seeking summons against six prominent Kenyans he accuses of fanning the 2007-2008 violence.

Local trials

He said carrying out cosmetic changes in the Judiciary and expecting the ICC will allow the cases to be dealt with locally would be a pipedream.

At the same time, the PM said he was never consulted over the appointment of the director of National Security Intelligence Major-General (rtd) Michael Gichangi, which Kibaki made a fortnight ago.

"On appointment of the Director General of NSIS, there was no consultation. I didn’t want to bring it up in Parliament because I don’t want us to go that way," the PM said.