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