Who will vet Mutunga, Baraza and Tobiko?

Written By:Milton Nyakundi/Glena Nyamwaya,    Posted: Tue, May 31, 2011

The constitution of the Ad hoc committee to vet the three judicial nominees has caused yet another split within the coalition partners

The question as to when the country will have a new Chief Justice, his deputy and the Director of Public Prosecutions is still uncertain as the row over the constitution of the Parliamentary Ad hoc committee remains a thorny issue.

The coalition parties are at loggerheads on who should nominate the highest number of members to the committee that has been given the mandate to vet the nominations of Dr. Willy Mutunga, Nancy Baraza, Keriako Tobiko for the key judicial posts.

But the tough matrix that is the number 11 is proving a thorn that is pricking the coalition partners turning to a blame game as PNU and ODM chest thumb on who should nominated six members to the crucial ad hoc committee.

An array of proposals has been offered on the table as the coalition partners play poker on each other.

PNU's proposal to retain its membership from the embattled Ababu Namwamba-led legal and justice affairs committee, is another point of divergence as ODM maintains those in the squabbling committee have no space in special team.

ODM's chief whip Jakoyo Midiwo has invoked the provisions of the standing orders.

"The standing orders are clear and we need not belabor the point that committees should be constituted on parliamentary strength of the parties. The members would then elect their chairman," he said.

And with this, Narc Kenya says it will not budge and seat on its laurel while being excluded by PNU from the special committee.

Amid this turmoil Imenti Central MP Gitobu Imanyara wants the Justice Minister to explain to the nation why his ministry has not tabled to Parliament the names of the nominees for the house to either approve or disapprove.

Vetting in a limbo 

On Monday, ODM called for inclusion of 6 of its members and 5 from PNU to the Ad hoc committee, owing to its majority of seats in Parliament.

These sentiments however failed to go down well with PNU who insisted that it would be fair to have the party with minority members chair the committee.

After a special MPs' Kamukunji last week, an Ad hoc committee of 15 members was to be formed for the purpose of vetting the judicial nominees, but this was later revised by the House Business Committee to 11 members, after the coalition parties failed to agree on its composition.

PNU has called for the inclusion of MPs in the moreband legal affairs committee, something ODM will not hear of, owing to its supposed rebel members in the Ababu-led committee.

Parliament is awaiting to approve the 11 names of members proposed to the Ad hoc committee by the parties before the special team gets down to vetting the judicial nominees.