Kenya Reform Moves Forward
February 23, 2011
The President of Kenya Mwai Kibaki (file photo)
Since late January, Kenya’s coalition government has been engulfed in a bitter struggle between President Mwai Kibaki and Prime Minister Raila Odinga over controversial nominations for Kenya’s judiciary. The disagreement splintered into many different fronts, with the matter being brought before the high court in two separate cases, before parliamentary committees and before Speaker Kenneth Marende.
Marende, who initially chided both president and prime minister for their lack of unity, on Thursday ruled the nominees unconstitutional and ordered both parties to reach a consensus on the nominees.
The president and his Party of National Unity initially rejected the ruling, promising to continue the fight in Kenya’s courts.
But in a surprise move Tuesday, Kibaki, flanked by key allies in parliament, announced he would withdraw his nominations.
“Considering the importance of the Office of the Chief Justice as the head of the judicial arm of the government, it is beneficial that the nomination to fill this office during the transition period is also done through the Judicial Service Commission,” Kibaki said.
The president told reporters he would meet with Odinga to discuss the position of attorney general.
While the prime minister was attending the African Union Summit in Ethiopia, Kibaki submitted the names of Judge Alnashir Visram and lawyer Githu Muigai to parliament as replacements for Kenya’s outgoing chief justice and attorney general. The president also presented his choices for Director of Public Prosecutions and Controller of Budget. Odinga did not challenge the qualifications of the candidates, but rather his lack of involvement in the process as mandated by the constitution.
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