Raila himself told Reuters he was not consulted

http://uk.news.yahoo.com...nya-judges-43a8d4f.html

Kibaki , this is impunity.


FOR THE EDUCATION OF SIMONKABZ

Chief Justice
24. (1) The Chief Justice in office immediately before the effective
date shall, within six months after the effective date, vacate
office and may choose either—
(a) to retire from the judiciary; or
(b) subject to the process of vetting under section 23, to
continue to serve on the Court of Appeal.
(2) A new Chief Justice shall be appointed by the President,
subject to the National Accord and Reconciliation Act, and
after consultation with the Prime Minister and with the
approval of the National Assembly.
(3) Subsection (2) also applies if there are further vacancies in the
office of Chief Justice before the first general elections under
this Constitution.
Part 6 – Commissions

Githu Muigai

This is what he had to say when Kibaki silently reinstated 4 corruption riddled PSes

Similarly, constitutional lawyer Githu Muigai said since the authority to appoint a permanent secretary rests with the President, he has the same authority to reinstate him. “The President has the power to suspend PSs to allow an investigation. After so doing, he has at his disposal several agencies to facilitate that kind of investigation,” Prof Muigai said.

http://kenya.world-countries.net/archives/6497


When Uhuru irregularly nominated Councillors in 2008
Prof Muigai was well in full support of him

http://kenyachronicles.blogspot.com/


Prof Githu Muigai said that after looking at the Constitution, the Local Government Act and recent decisions of the courts on the interpretation of the relevant provisions, the Local Government minister is not obliged to nominate councillors from a list received from the ECK.

Hata Afadhali wako aendelee tu kusmile kama ag .

Its a 360 degree change

The sad thing is that with ODM cornered in parliament , the names may as well pass.

Then the lords of impunity will break any other part of the constitution without care.

Read what other legal expert had to say about Kibakis decision:



Legal experts said there was a serious breach of procedure in handling the case. “This is actually a sign of impunity as the President and the PM could not have secretly asked for the report and secretly cleared the PSs.

This is something we will take up in Parliament. Do they want to tell us that the Pricewaterhouse investigations were a fluke, yet a number of people were implicated?” asked Gichugu MP Martha Karua. Lawyer Kamotho Waiganjo described the President’s decision to reinstate the PSs before Mr Wako went through their investigation files and gave legal advice on whether to prosecute, as “irresponsible”.

He said the reinstatement casts a shadow over the credibility of the anti-corruption body and its reports.By bypassing the AG and handing over investigation files directly to the President or the Prime Minister, the lawyer argued that KACC raised serious questions about its independence from the Executive.

“The report should have gone to the AG, not to the President nor the Prime Minister; there was a reason why the reporting procedures were laid down. One of them was to depoliticise the anti-corruption authority,” said Mr Waiganjo, a Nairobi-based lawyer. “Now KACC can easily be seen as an extension of the Executive.”

His sentiments were echoed by lawyer Harun Ndumbi, who described the President’s decision to bypass his legal adviser as “a stamp of impunity”. “The idea of the investigations was to tell Kenyans who stole the maize and FPE funds … with the PSs back in office, we might never know the truth,” Mr Ndumbi said.

This Prof Githu is just too pro-Kibaki

and Kibaki has handsomely rewarded him.


He uses his own legal interpretations to defend something that in public opinion , justice is not seen to to done.

Its a simple common law maxim ,that justice must not only be done but must be seen to be done.

Of course he is MKs ally, thats why he's rewarding him. Parliament has the power to approve or reject these nominations, so i would blame the Mpigs who will use this opportunity to settle political scores..