President Kibaki’s statement on constitutional appointments
Posted by African Press International on February 18, 2011
STATEMENT BY HIS EXCELLENCY THE PRESIDENT OF THE REPUBLIC OF KENYA AND COMMANDER-IN-CHIEF OF THE DEFENCE FORCES OF KENYA ON THE NOMINATION OF CHIEF JUSTICE, ATTORNEY GENERAL, DIRECTOR OF PUBLIC PROSECUTIONS AND CONTROLLER OF BUDGET
My fellow Kenyans, I wish to inform you 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, I acted within my constitutional mandate.
The Report of the Departmental Committee on Justice and Legal Affairs dated February 2011 regarding the above nominations observed:
1. That the process of nomination of the Chief Justice was constitutional and in accordance with Section 24(2) and Section 29 of the Sixth Schedule…’
2. That the process of nomination for the office of the Attorney General was constitutional…’
3. That the process of nomination for the office of the Director of Public Prosecutions was constitutional…(p.86).’ Similarly the Report of the Departmental Committee on Finance Planning and Trade observed: ‘The unanimous view of the Committee is that there were actions by both His Excellency the President and the Right Honourable the Prime Minister to comply with the Constitution of Kenya in the process of nomination of a person for the position of Controller of Budget… (pages 45 and 46).’ None of these two Parliamentary Committees returned a verdict that myself and the Prime Minister had acted unconstitutionally in relation to the nominations.
Yesterday the Speaker of the National Assembly of Kenya arrived at a different position regarding the constitutional status of the nominations.
The principle of separation of powers between the three arms of government on this important constitutional issue ought to have been respected. Therefore, the interpretation of the Constitution ought to have been left to the Judiciary.
In my actions as your President, I have at all times acted in accordance with the Constitution and the Laws of Kenya.
I understood that given our past, fidelity to the rule of law is of utmost importance in the running of our national affairs.
I also understand that there are those who urge that it is not enough to simply follow the provisions of the Constitution.
However, our primary duty is to ensure we are guided by the Constitution and ordinary law as enacted so as to ensure the smooth and predictable running of our country.
I wish to assure Kenyans that my government is committed to the implementation of our new Constitution.
Just as I led you my fellow citizens into the realization of a new Constitution, I am determined to lead you into the new phase of implementing the Constitution. This phase holds great promise in our life as a nation and individuals.
Before we can conclude the nominations that we have embarked upon, the government will await the verdict of the Constitutional Court on the nominations. In the meantime, we shall proceed with other aspects of implementing the Constitution.