Kibaki and Odinga will accept verdict

Published Feb 8, 2011

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Nairobi - Kenyan President Mwai Kibaki and his prime minister said on Monday they would accept parliament's verdict on their dispute over Kibaki's nominations of judicial figures, setting the stage for a showdown in the assembly.

Kibaki's and Prime Minister Raila Odinga's coalition cabinet has been feuding over Kibaki's nominations of the officials, which Odinga rejected as unconstitutional, sparking a war of words that has polarised the country ahead of elections in 2012.

“On the issue of the nominations to fill state offices currently under consideration by parliament, the two principals (Kibaki and Odinga) agreed to respect the ongoing parliamentary process and its outcome,” a statement from the presidency said.

A court has declared Kibaki's appointments unconstitutional, pending a case in which rights groups want the names rejected on the grounds that the president flouted the law, but this ruling is not binding on parliament, which could decide the matter.

The speaker of parliament, Kenneth Marende, last Thursday declined to rule on whether the appointments were legal or not, but instead asked two house committees to vet the nomination process and report to him in one week.

At the same time, he asked Kibaki and Odinga to find a solution during this period.

Analysts said the ball had bounced back to Marende.

“He can't run away from it now, he has to rule one way or the other. He tried to buy time for the two leaders to agree, but they have failed to do so,” said independent political analyst Raphael Agung.

If Marende rules that the process was legal, the house will debate and vote to either endorse or reject the nominees. Should he find the nomination process was flouted, he will throw out the names and the leaders would have to start afresh.

The political storm has worried investors - who recall the country's ethnic-based post-election violence after the 2007 elections when Odinga accused Kibaki of rigging the presidential vote - denting the currency and stock markets.

The country risks losing international goodwill, and possibly some financial support, if it fails to implement the constitution - backed by two-thirds of voters and promulgated in August - in a transparent manner. - Reuters

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