, NAIROBI, Kenya, Feb 22 – The Commission on the Implementation of the Constitution plans to go to the Court of Appeal to seek interpretation on how future State appointments should be undertaken.
Chairman Charles Nyachae said besides seeking the court’s interpretation on provisions of the Constitution on the four controversial nominations to the offices of Chief Justice, Attorney General, Director of Public Prosecutions and Controller of Budget, it would also seek a way forward in future appointments.
Mr Nyachae told reporters on Tuesday that the commission had started the process and expected the case to be filed in a week’s time.
“This in the view of the CIC, will settle once and for all the constitutional issues that are subject of discussions in the nominations,” he said.
The Chairman said: “The authoritative pronouncement will also be the basis on which constitutional offices will be done in the future.”
President Mwai Kibaki and Prime Minister Raila Odinga have been locked up in a tussle over the nomination of Court of Appeal Judge Alnashir Visram as the Chief Justice, lawyers Githu Muigai and Kioko Kilukumi picked as Attorney General and Director of Public Prosecutions respectively and William Ruto as Controller of Budget.
The row however appeared to subside on Tuesday when the President withdrew his nominations and asked for the CJ to be nominated through the Judicial Service Commission. He invited the PM for consultations on the appointment to the office of AG, and decided that the positions of Director of Public Prosecutions and Controller of Budget be advertised through the Public Service Commission.
The PM had insisted that the President did them without consulting him as required by the National Accord while the Head of State has said he did the nominations within the law and after ‘due consultations.’
The case challenging the nominations is due for hearing on March 2 before a three-judge bench comprising justices Kalpana Rawal, George Dulu and Luka Kimaru.
Speaker Kenneth Marende last Thursday declared the nominations unconstitutional and urged the two Principals to reconsider them.
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