Bak's is so good at stirring up sh*t.

The biggest issue here is that he is messing around with the constitution.

Personally, I think the burden is on Bak's to prove to meet the constitutional demand for 'Consultation', if RAO says they have not consulted then Bak's needs to demonstrate that they have.

Does consultation mean agreement? I don't know, may be that's why the constitution has a constitutional interpretation court. Thats where RAO/Kenyan's/any other interested persons should be headed before the names go to parliament.

My biggest disappointment in all this is that the nominees have not declined the appointments.

When Baks and RAO meet during the so called "consultation" do they always record the deliberations?If so then Baks should simply send the tapes to media houses to cool the sh@%$^t once for all!

WAZUA ADVISORY: Please don't ask lawyers to define that simple word 'CONSULTATION,' a young strappling lad will have grown into a guka with toothless grins before they can agree on a common definition.

I really detest this crap of principals, accords and consultation. Can't wait for 2012 to see it consigned to the dustbin of history, assuming that is, that AU currently in Addis does not make it the official power-sharing deal for africa's tinpot dictators who lose elections.

BTW, someone enlighten me, was RAO supposed to consult Baks (as a fellow principal representing Kenya) before taking up appointment of the AU's envoy on doomed Cote d'Ivoire mission? Should he or shouldn't he have, either legally or as gentleman, before taking up the mission?

Very sad day for our country. The appointments should have been made after a competitive selection by the judicial service commision and consultation between the 2 principals. In Baks bid to pull the carpet from under the ICC feet and at the same time leave an egg on Rao's face, he makes the appointments after sending an SMS to Agwambo. Am not a Rao fanatic but I deeply feel that Baks actions were not only contemptious but also unconstitutional!
Am hoping that Ghai and Davinder suceed in court to block Baks appointees failure to whick Rao may use Marende to frustrate the debate on the 3 in the house.

@Ngalaka, thanks for pointing out what the opponents of the new constitution tried to bring to light way bank in July/ August last year but were drowned in emotive arguments. We have a constitution prepared to please everyone and it's implementation will just get trickier as we go along. To massage RO's ego, we pretended to give him a role in the implementation of the constitution while in actual sense he has no role other than as an MP. He can be consulted but this does not guarantee that he will take the final decision. He thinks 'consulted' means he is to be co-president. Sorry to burst your bubble Mr. Right honourable.

That said, the nominations are a sad day for Kenya. The implementation of the constitution will now be hostage to political machinations. With RO almost certainly neutered by the exit of the RV crowd from ODM, I doubt love for Kenya will prevail in the implementation phase.