Kenya: Why the AG’s Role is Still Extremely Crucial

28 June 2011

Nairobi — With the installation of the Chief Justice, Deputy Chief Justice and Director of Public Prosecutions, the focus must turn to pending appointments, which are expected to drive reforms within both the criminal justice system and the wider arena of constitutionalism and the law.

The appointment of five judges to the new Supreme Court has been held up by legal challenge at a time when the Bench is sorely needed to adjudge on critical matters.

Then there is the stalled appointment of a new Attorney-General to replace Mr Amos Wako, whose record tenure expires at the end of August.

The office was in the spotlight earlier this year when President Kibaki’s unilateral appointments provoked a major row with his coalition partner, Prime Minister Raila Odinga. After a long stand-off, the President withdrew his nominees.

The appointment process started afresh under a transparent process, and today, all the above offices have been filled save for that of Attorney-General, which does not fall vacant for the next two months.

However, it is clear that lobbying and canvassing for the post is picking up.

There is nothing wrong with that, but we would caution against competition for the office that brings back all the PNU-ODM rivalries seen the last time around.

Even as he serves out his term, Mr Wako remains a critical player in driving the reform process and implementation of the new Constitution.

He must not allow himself to be distracted by rivalries over his office. Nor must he become dispirited to the extent that he goes slow on urgent tasks that need to be fast-tracked.

Already, the commission charged with the Constitution’s implementation is asking Mr Wako to leave now on the grounds that he has become an impediment. We hope that serves as a wake-up call.

AllAfrica – All the Time