In an unprecedented manner, Attorney General Githu Muigai has broken a record in earning the Worst Attorney General in Kenya title.
That does not mean he holds the position to the exclusion of all others.
Others before him took years to finesse their skills in serving their master, namely, the individual holding the position of President aka Kenyatta and Moi, in their respective times before earning that title but Githu has surpassed them all with the speed he has earned the title, given he has been in office for only a few months.
One may be quick to dismiss this as being said in jest but, seriously, can anyone identify one thing Muigai has done Wako, for example, could not have done equally as bad, but certainly not worse, given the latter toward the end of his “career” as AG rediscovered the fact being an an Attorney General was more than serving the narrow interests of the person occupying State House as president?
Well, at least to the extent he defied his previous self and Kibaki by correctly lining himself with the PM and others who stood the ground and made it known Kibaki was in violation of the constitution in his attempt to illegally stuff key constitutional offices with his handpicked candidates rather than going though the clearly established constitutional manner of appointing such officers.
Ironically, one of those handpicked candidates was none other than Muigai himself Kibaki still insisted and had him nominated and appointed AG against wiser counsel and yes, the PM could have once again stood his ground and had the position filled with at least not another Kikuyu but, as yours truly blogged at the time in The Meaning of President Kibaki’s Appointment of Prof. Githu Muigai As Attorney General,
The PM was successful in thwarting Kibaki’s efforts the last time he attempted to illegally nominate and appoint Muigai and the other allies to the various constitutional offices because Kibaki was clearly acting in violation of the constitution and the public was not going to stand for that flagrant abuse of power, unlike the past.
In this case, however, we are told the president consulted the PM before re-nominating Muigai.
The constitutional consultation requirement has therefore been satisfied, unlike the last time when Kibaki attempted to install Muigai without consulting the PM.
The requisite consultations having occurred, the PM either had to agree with the nomination, or object to it.
Having not objected, one can only conclude the PM did not object because he could only do so based on sound legal ground and one which Kibaki could ignore only at his own peril.
I see none this time around.
Githu is for all I know superbly qualified to be appointed AG.
None of what I say here is legal basis to oppose his appointment, let alone succeed in blocking it.
What I say here, however, is a moral basis to oppose his appointment which would be counterproductive for the PM himself to mount, given the fragile coalition we have and coming to a natural end, as it is.
Besides, if the PM doesn’t really care about the appointment, he can show Muigai the door, once he is elected president, if Kenyans give him the nod as expected, given the AG does not have security of tenure.
In other words, Raila comes out of this the statesman he is; why pick on fights that don’t improve the situation but make it worse?
As Kenney Rogers sings in the Gambler, “you got to know when to hold em, know when to fold em.”
There are some battles not worth fighting.
Knowing how some of my readers misread what I say, let me reiterate what I say is merely an expression of an opinion and neither does what I say have anything to do with PM’s thinking or reasoning in all of this for I never know and don’t know what that could be.
Mine is simply an analysis, based on publicly available information.
In just the last several days, Githu has managed to earn the Worst Attorney General In Kenya in a record time because of three reasons:
First, he has done nothing to show that he is any different from his predecessors in as far as he has taken Kibaki–forget about Raila, as his client, not the government which draws its legitimacy and power from the people such the people are the AG’s client as well.
Second, to confirm the preceding Reason No. 1, Muigai allowed the most embarrassing words that can fall off a lawyer’s lips other than Kivuitu declaring Kibaki as president despite the glaring irregularities of the poll results, and that is, in Kenya, one accused of crimes against humanity such as murder and rape can nonetheless hold public office because such crimes are alleged to have been committed in their “personal” capacity, or off-duty that is.
Third, besides the preceding Reasons No.1 & 2 the AG has now picked a fight with the Solicitor General apparently involving transfer of lawyers from the AG’s office to the covetous Foreign Affairs office.
If this was a routine intra-agency or even inter-agency turf war between Muigai and some other bureaucrat, one would ignore and make nothing of it.
That’s what some of us did when it was reported that the AG and CIC Chairman Charles Nyachae were locking heads over who is serving Kibaki’s interests better.
The two had a meeting and apparently whatever that was, was smoothed out but it should be remembered the two are supposed to serve the interests of the people, not any particular person.
According to the Standard Online story, however, there may be more there there here than merely another turf-war in this latest power grab or attempt of it by the AG. Muigai is apparently miffed that his seconding of three Principal State Counsels–Jeannette Mwangi, Patrick Okoth, James Waweru and Senior State Counsel, Robert Kungu to Foreign Affairs “upon request by the ministry.”
One need not know what the underlying reasons or validity of those reasons are for the Solicitor General to have apparently opposed the AG’s effort to transfer these lawyers to Foreign Affairs.
The AG earns the title Worst AG in Kenya simply by seconding four lawyers to Foreign Affairs where 2 of those are Kikuyus.
It’s an offense for which he should also be sacked.
Have these men have no shame at all?
When would this flagrant, in your face vitendo end?
I have previously blogged that a law should be passed to make it a criminal, not just a civil offense for flagrant nepotism and tribalism.
While favoritism along tribal, personal and other bases will never end and it’s unreasonable to expect it to end, stuffing people in virtually all vacancies in certain departments by people from one community is evil and should be condemned by all of us, including those whose community benefits as such for surely, we have to have some sense of balance, proportionality and fairness to all.
Peace, Unity and Worst of AGs In Kenya