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By Oliver Mathenge
The Citizen Correspondent
Nairobi. A fresh rift has hit the coalition government after the Orange Democratic Movement threatened to ask its ministers to boycott Cabinet meetings.This was after President Kibaki replaced Cabinet Secretary Francis Muthaura with Internal Security PS Francis Kimemia without consulting Prime Minister Raila Odinga. Sources close to Mr Odinga said the party could also take up the decision following what they claimed was failure by President Kibaki to consult the PM before appointing a ten-member legal team on matters of The Hague and a tribunal to investigate Deputy Chief Justice Nancy Baraza.
Lands Minister James Orengo said that was in total disregard of a partner in the coalition who is supposed to be sharing power equally.Joint government Whip Jakoyo Midiwo said Mr Muthaura’s position cannot be filled without consultation.
“It is a high position touching on the Cabinet which has to be filled through consultation. We don’t accept it,” he said.
The reactions from ODM came as the Supreme Court started hearings in a suit lodged by the Commission for the Implementation of the Constitution seeking a legal opinion on the consultation between the President and Prime Minister on appointments.
The Constitution requires that such appointments be made in line with the National Accord and Reconciliation Act which requires the two principals to consult. Meanwhile, it has been established that five out of the eight ministers who have been forced out of Cabinet since Mr Mwai Kibaki became president in 2003 have made it back to the coveted posts. Former Finance minister David Mwiraria and current Energy minister Kiraitu Murungi were the first to be forced out of the Cabinet in the Kibaki era as details of the Anglo Leasing scandal emerged in 2006.
Mr Mwiraria tendered his resignation in February after he was mentioned in the report on the scandal prepared by Governance and Ethics permanent secretary John Githongo.Mr Murungi quit as Justice minister barely a week later with Prof George Saitoti, who was Education minister, following suit after being linked to the Goldenberg scandal of early 1990s.
The two made their return to Cabinet in November 2006, with Mr Murungi taking over the Energy docket he holds to date and Prof Saitoti named Education minister. Mr Mwiraria made it back to the Cabinet in July 2007, when he was appointed Environment minister. He lost his parliamentary seat at the polls later that year and has since faded from the limelight. Next on the list of Cabinet departures was Mr Amos Kimunya, who bowed to pressure from backbench MPs.
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