NAIROBI: Judicial nominations were constitutional, says President Kibaki

President Mwai Kibaki during a press briefing on the nomination of Chief Justice, Attorney General, Director of Public Prosecution and Director of Budget outside his Harambee House office, Nairobi.

President Mwai Kibaki today affirmed that the judicial nominations he made three weeks ago for approval by Parliament were done within the law.

The President noted that the relevant parliamentary departmental committees in their reports returned a verdict that he and the Prime Minister acted constitutionally in making the nominations.

Addressing a press conference outside Harambee House, the Head of State said the position taken by the Speaker of National Assembly regarding the constitutionality of the nominations had ignored the principal of separation of powers by the three arms of the government.

The President said under the principals of separation of powers, Parliament made laws while the interpretation of the Constitution ought to have been left to the Judiciary.
Quoting from reports by the Departmental Committees on Justice and Legal Affairs and that of Finance, Planning and Trade, President Kibaki emphasized that none of the two committees returned a verdict that the nomination process was unconstitutional.

"I wish to inform my fellow Kenyans that in duly nominating persons to be considered by the National Assembly for appointment to the positions of the Chief Justice, Attorney general, Director of Public Prosecutions and Controller of Budget, l acted within my Constitutional mandate," said the President.

In this regard, the Head of State reassured Kenyans that, as President, he will at all times act in accordance with the Constitution and the laws of Kenya adding that fidelity in the rule of law is of utmost importance in the smooth running of the country’s affairs.

President Kibaki said the Government will conti
nue with other aspects of Constitution implementation while awaiting the verdict of the Constitutional Court on the nominations
The President, once again, expressed his determination to lead the country into the new phase of implementing the new constitution, assuring Kenyans that the country’s Constitution that they overwhelmingly passed will come into fruitation.

"Just as l led you my fellow Kenyans into realization of the new Constitution, am determined to lead you into the new phase of implementing the new Constitution. This Phrase holds great promise in our life as a nation and individuals," said President Kibaki.

"l understand that there are those who urge that it is not enough to simply follow the provisions of the Constitution", quipped the head of State.

The President underscored the need for all Kenyans to be guided by the Constitution and the ordinary law as enacted so as to ensure the smooth running of the country.

Source: Presidential Press Service