My Hypothesis
After the promulgation of the new constitution some people became very worried about a Raila presidency as it became real that he could get it. He was very close to Kibaki and the polls were showing he was the man to beat. It was feared that Kibaki might just say " Raila tosha". Nobody is sure Kibaki will follow their advice at all. If you read articles from people like makau mutua and others... it was about PM becoming the next president.

Something had to be done to put a wedge between between the him and PM. This was to be done in such a way that the PM antagonizes the President in such a way that the result will be a complete fall out between the two.

The appointment of the CJ was to be this opportunity. The president's advisers went against the advice of the AG and minister of the Justice. The president was encouraged to announce the names of nominees with the full knowledge that the PM will not accept it. the result.... a huge hullabaloo for 2 weeks about the same.

Winners:
1)Those who could have wanted to put enemity between PM & President have suceeded. It will take time before this relationship heals. I guess they could be planning more of these to ensure the principals do not read from the same script ever again.

2) CIC - and other constitutional bodies - they have come out stronger...

3.... any suggestions?

Losers
1) President - in the short term he lost... he had to climb down. he must have been embarrased.
2) PM - he lost his close contact with the president.
3) The speaker of NA. - The greatest strengh of a speaker is the perceived impartiality. Marende got this respect when he ruled in 2008 that everyone must swear in the name of the president... something ODM MPs were against. If I was the speaker I would have allowed parliament to debate the process and names and vote. Because there was a court ruling and also CIC would have gone constitutional court anyway. Besides AG would still have responded the way he did in court. Marende lost his impartiality....

4) ... this is to be continued... meanwhile you can list other losers in your opinion.