Last chance for MPs to break vetting deadlock

By Martin Mutua It is make or break for MPs this week because they must make a groundbreaking decision to move the Constitution implementation process forward.
The showdown is expected to start today when the House Business Committee meets to resolve the impasse over the constitution of the Justice and Legal Affairs committee.
The approval of the new Chief Justice, his deputy and the Director of Public Prosecution has to be done with utmost urgency for other processes in constituting the new-look judiciary to follow. But it is Parliament that will be on the spot this week over the delayed approval of the two together with new Director Public Prosecutions.
The special House Business Committee meeting today to be chaired by Deputy Leader of Government Business Amos Kimunya, must resolve the stalemate over the names of members to sit in the ad hoc committee that is supposed to vet the three judicial officers.
Vice President Kalonzo Musyoka who is the Leader of Government Business and Chairman of the HBC left for Nigeria on Friday to represent President Kibaki in the inauguration of President Goodluck Jonathan, together with the Government Chief Whip (PNU) Johnstone Muthama.
Muthama, by virtue of his position, is the one supposed to present the PNU names to the HBC, and it is unclear how PNU intends to handle the matter in the absence of the two.
Agreement struckLast week hopes of Parliament finally overcoming its divisions and finding a way to sidestep the warring Justice House Committee in vetting of top judicial nominees hit the rock bottom.
This came after the Orange Democratic Movement tore to pieces an agreement struck earlier in the day on formation of an ad hoc committee composed of all members of Justice Committee and an additional five from Party of National Unity and ODM — making the total 15.
President Kibaki through Vice President Kalonzo Musyoka, Prime Minister Raila Odinga and National Assembly Speaker Kenneth Marende brokered the deal after the National Prayer Breakfast, and after closure of MPs informal session thereafter, it appeared sealed.
But when the House Business Committee met later in the evening the story had changed, and it appeared Kenyans would have to wait longer to see an end to the standoff over vetting of the nominees, which would also automatically delay vetting of judges and magistrates because the process is supposed to be overseen by the CJ.
On Sunday Kalonzo told The Standard that there was need to resolve the wrangles in the troubled Justice and Legal Affairs Committee since there was more work to be done in the implementation of the Constitution.
"While appreciating the need to have a temporary arrangement whether the Committee on Implementation of the Constitution (CIOC) or an ad hoc committee of the house to vet the judiciary nominees, the more critical task ahead is to enable the Justice Committee to function," added Kalonzo through his spokesman Kaplich Barsito.
The VP further said one way of doing this was to retain the membership of the committee and invite ODM to nominate the chair in keeping with the spirit that initially informed the appointment of Budalangi MP Ababu Namwamba to the position.
Justice Minister Mutula Kilonzo said if ODM stands its ground and bring six names to today’s meeting, PNU should also bring their five names.
"After all there is no dispute with the names of PNU members in the Committee they should table them for this to end," he added.
Lingering doubtsAn optimistic Mutula says if the stand off is resolved today then the country can have a Chief Justice by Thursday this week.
However the minister said there was need for the process to be handled carefully and properly in order to ensure there are no doubts over the appointments.
"We don’t need a single contamination in the process, and therefore we cannot afford to be left with any lingering doubts over the approval," he added.
Mutula further said he was opposed to the CIOC carrying out the vetting since its membership of the committee consist of ministers in the executive.
Ad hoc committeeon Sunday, ODM Chief Whip Jakoyo Midiwo told The Standard the issue of having new members to the ad hoc committee was a foregone conclusion.
"ODM supports the ad hoc committee but we cannot have PNU choosing for us who should be in this committee," he added.
Midiwo said they have their names ready and will present them at today’s meeting and they hope PNU have theirs too.
Last week at the HBC meeting Jakoyo is said to have clashed with the party chairman Henry Kosgey when the proposal of an ad hoc committee was floated.
Midiwo is said to have described the proposal as "dirty" and warned the party would not allow it.
ODM, while supporting the proposal of an ad hoc committee, however insists the members must be new and not those already in the divided Justice and Legal Affairs Committee.
stormy meeting
An ODM parliamentary group meeting on Friday under the chairmanship of Deputy Prime Minister Musalia Mudavadi resolved to send the six new names to today’s meeting.
Last week at the informal meeting of MPs, referred as Speaker’s Kamukunji, at which Kalonzo represented Kibaki the leaders agreed on a committee of MPs to be set up specifically to vet the nominees for CJ, Deputy CJ, and Director of Public Prosecutions.
Kibaki and Raila Odinga sanctioned the deal and asked Parliament to handle the matter expeditiously, hoping that this would forestall delay in vetting springing from PNU and ODM rivalry that has paralyzed Justice Committee.
But ODM members of the House Business Committee led by Deputy Prime Minister Musalia Mudavadi later rejected the proposal at a stormy meeting after the adjournment of Parliament at 6.30pm — throwing the process into total confusion.
Sources had earlier told The Standard that soon after the Kamukunji representatives of both PNU and ODM political parties met with Raila at his office along Harambee Avenue to brief him on the new developments.
The delegation agreed with the PM to maintain that five more members be included in the current team of 11 to increase number on the Justice and Legal Affairs Committee to 15. The meeting at the PM’s office in the afternoon agreed to add three ODM MPs in the committee to be joined by two more from Kibaki’s PNU.
Vetting and scrutinisingThe committee was then to be turned into an ad hoc group with a mandate to only deal with vetting and scrutinising the nominations of Dr Willy Mutunga (CJ), Ms Nancy Barasa (Deputy CJ) and Mr Keriako Tobiko (DPP)
It had also been resolved at the PM’s meeting that the new committee be chaired by one of the ODM members, since a PNU’s Mandera Central MP Mohammed already chairs the CIOC.
This demand was buoyed by the fact that Budalang’i MP Ababu Namwamba (ODM) chairs the Justice and Legal Affairs Committee, although PNU claims to have removed him.
Trouble has been brewing in the Justice Committee for several months after some members demanded censure of Namwamba.