Kibaki May have followed the law but politically he has failed


The newly enacted constitution purpose was to make Kenya a country governed by Rule of  law .  The drafters wanted that the transition period to be smooth and that continued to respect the NARA National Accountability Reconciliation ACT.   Remember the reason why the NARA act was signed is because of the disputed 2007 elections in which according to Kriegler commission were so flawed that it will be impossible to tell who won. So in this spirit both Principals are supposed to consult on all constitutional Office appointments. According to Raila and media reports the president consulted with the PM on the appointments but there was no agreement on the names and a second consultation was sought.   However, Kibaki on Friday decided to exercise his legal right and appoint the CJ,AG,DPP and Director of Budget without an Agreement on the names from the PM.

legally Kibaki did the minimum and at least consulted Raila once but politically he erred because he failed to respect the spirit of the NARA that requires the principals at least to solve their difference via consultation on matters like this. The Drafter gave parliament the final say on appointments approval and its my hope that parliament can resolve their partisan differences and request the President and PM to agree on these appointments before submitting them to the Speaker for parliament to vote on them

We the citizens hoped that the new constitution will unite Kenya and not cause political divisions. so in this spirit Kibaki and Raila must sit and consult again and they can reach an amicable decision on these appointments

Failure to do so Parliament the PSC should do it work and make sure we get the CJ, AG,DPP and Director of Budget we deserve

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2 thoughts on “Kibaki May have followed the law but politically he has failed

  1. Langat says:

    It is total disrespect and one wonders impunity of Kenyatta and Moi eras lives on! Kibaki has always been a wrong number anyway but we the electorate r to blame as well. Most of us follow the leadership without reasoning. I wonder how where these leaders noone questions them as Kalonzo puts it. And I mean everywhere. Nyanza n RV included! Raila played politics as well with constituencies. And that could be part of the intrigues, God willing I would love to see elections sooner for one person to govern. The partnership thing is always not going to give us some peace

  2. njamba says:

    Langat,
    Could not agree more these two gentlemen need to live to expectations of Kenyans and move this country forward we cannot afford to be the laughing stock of our neighbours and the world. if it is not famine, it is electoral violence, constitutional crisis. Kibaki must do what is politically prudent and stop playing politics with a issue as grave as this

    Anyway the masses have a duty to elect their leadership wisely failure to do so we are going in circles

    Talk of a zero sum game

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