Writes Leo Odera Omolo In Kisumu City.

KENYA’S President Mwai Kibaki last night beat a quick retreat and withdrew his controversial nomination of top judicial officials.

In a rush press conference held at the Kenyatta International Conference Center, Nairobi President Kibaki announced that the proceed of filling the four jobs, which are all constitutional offices will now began a fresh for all the four positions.

The four positions include the Chief Justice, the Attorney Genera, the Director of the Public prosecutions and the Controller of Budgetary.

He observers and political pundits alike were quick in saying that the President move was an act of political magnanimity as the four appointment had threaten to derail and the coalition government and plunge the country into a fresh constitutional crisis
He said the appointment of the new Chief Justice will now commence from the Judicial Public Service, while in the case of the Attorney General he ha as invited the Prime Minister Raila Odinga for further consultation.

In THE CASES OF THE Office of the Public Prosecutions and that of the Controller of Budgetary the fresh appointment will now began from the Public Service Commission {PSC}

In a quick rejoinder the Prime Minister Raila Odinga in another news conference hailed the President and commended his action for the withdrawal of his nomination. Odinga, however, insisted that the Public Service Commission of Kenya is not presently properly instituted, and that a panel of experts should be selected to handle the jobs on behalf of the PSC.

Odinga the prime Minister is one of the two principals I the coalition government headed by President Kibaki under the National Accord and Cohesion constitution which was brokered by the former UN Chief Dr.Kofi Annan following the post-election violence that engulfed Kenya following the flawed presidential election of 2007.

President Kibaki had named a Kisii town born Alnashir Magan Visram as the new Chief Justice to succeed the outgoing Chef Justice Mr Evans Gicheru and Prof.Githu Mugai for the new Attorney General to succeed the outgoing AG Amos Wako, a prominent lawyer Kioko Kalikumi as the Director of the Public Prosecutions and William Kirwa as the Controller of Budget . But the Prime Minister Raila Odinga immediately rejected the appointments claiming that he was never consulted in the spirit of power sharing under the National Accord and Cohesion.

The appointments had elicited a lot of controversies and at one time threatened to derail the coalition government as each of the two sides of the political divide stuck to their guns.

Things were even made worse when the outgoing Attorney General Amos Wako told a constitutional court in Nairobi that the appointment were unconstitutional and that the had advised the president against it.

The President Kibaki’s actions were also disowned by his own Minister for Justice and Constitutional Affairs Mutula Kilonzo himself a prominent lawyer. The Minister had politely called for sobriety and pleaded with the head of state to consult widely.

The appointments were also rejected by the Speaker of the National Assembly Kenneth Otiato Marende last Thursday saying they were unconstitutional and needed to be restarted a fresh. Members of Parliamentary allied to the President’s PNU party had intimated that they would overturn the speaker’s last week ruling that the appointments were unconstitutional. They even threatened to move a motion of on a vote of no confidence on the Speaker, sparking off a series of demonstrations in Nairobi and Eldoret by youths in defense of the Speaker.

The coalition government is made of PNU and ODM parties headed by President Kibaki and the ODM headed by the Prime Minister Raila Odinga.The two are the principals in the transitional coalition government until, next year when the general election is expected to be held next year under the new constitution which was promulgated by president Kibaki on August 27, 2010.

The appointment also received bashing from the churches, NGO, the Law Society of Kenya, individual prominent lawyers like Paul Muite and Dr. Kuria Kamau all chipped in their comment in total rejection o President Kibaki’s unconstitutional appointment.

Foreign diplomats accredited to Nairobi led by the British High Commissioner had also registered their disapproval saying that the President must act in the best interest of the coalition and government and that of all Kenyans.

A high Court Judge had turned down the appointment, while a number of NGOs had moved to the High Court to challenging the unconstitutional appointments.

Ends