President Kibaki days ago nominated Justice Alnashir Visram as Chief Justice, Prof Githu Muigai as Attorney General and Mr Kioko Kilukumi AS Director of Public Prosecutions, in the process kicking off a political storm. This move caught the Premier and his allies off-guard with Lands Minister James Orengo stating that Raila had not been consulted. Mr Orengo urged the President to embrace consultations and claimed the Head of Civil Service Francis Muthaura had confirmed the nomination of Justice Visram as the Chief Justice, with Muigai as the Attorney General and Kilukumi as the Director of Public Prosecution.

It later became apparent that the two Principals had been meeting over the appointment of the CJ, Deputy CJ, Attorney General and the Director of Public Prosecutions with the view of all positions to be filled this year but according to some quarters, they disagreed after Kibaki insisted on picking Kihara while Raila insisted on Justice Riaga Omollo. This disagreement is at the heart of the current quagmire.
The Judicial Service Commission (JSC) quickly condemned the move by the President, stating that it was their duty to vet the nominees first prior to the names being forwarded to Parliament for approval and that generally, the appointments need to be done in a transparent and accountable manner. According to the Constitution of Kenya under the Sixth Schedule, the President is expected to consult the Prime Minister as provided for under the National Accord to nominate the Chief Justice. According to the Presidents camp, he DID consult with the Prime Minister while Mr. Odinga strongly disagrees, stating that this consultation did not take place.

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