President Kibaki has done quite a few good things for Kenya. He will be remembered as the president who did away with the oligarchic constitution that Kenya inherited from the Brits at independence.
That said, his recent move to appoint constitutional office holders in the justice system without consultation raises serious questions about his commitment to Kenya’s reform agenda. And it is not simply about his failure to consult the ODM in making the appointments. Mr. Kibaki ignored due process stated in the constitution. Appointments to the judiciary are required to originate from the judicial service commission.
Also, why appoint Ruto’s lawyer to be director of public prosecutions? Didn’t anyone at Harambee House see the obvious questions that would arise? As Macharia Gaitho notes:
If the Kenya Government – or rather President Kibaki’s PNU axis – is to convince anyone that it has the will to establish a truly independent local tribunal, then it could not do much worse than nominate a lawyer for one of the Ocampo Six as Director of Public Prosecutions.