By James Macharia
NAIROBI (Reuters) - Kenyan President Mwai Kibaki's nomination of top judicial figures was unconstitutional, the speaker of parliament ruled on Thursday, reigniting a row that has pushed the coalition cabinet to the brink of collapse.
Kibaki's allies promised to contest the decision by speaker Kenneth Marende, which analysts said was a slap in the face for Kibaki and a symbolic victory for Prime Minister Raila Odinga.
Odinga said he had not been consulted as required by Kenya's new constitution, and the nominations of chief justice, attorney general and director of public prosecutions were null and void.
Odinga welcomed the ruling. "Fidelity to the constitution has triumphed. It is a great day for Kenya," he told Reuters.
The war of words between allies of the president and prime minister has worried investors, who sent Kenya's stock market to an eight-month low on Thursday.
Kenya descended into bloodshed following elections in 2007, when Odinga accused Kibaki of rigging the presidential vote.
Analysts said the latest dispute showed that, despite the new constitution adopted last August, politicians had failed to rise above party rivalries and ensure a smooth transition from the old, corrupt ways of running Kenya to more transparent government.
Lawmakers allied to Kibaki condemned the speaker's ruling and promised to contest it when parliament resumes next Tuesday, saying Marende was a partisan player because he had been elected as speaker by Odinga's party.
Marende should have allowed a vote on the issue, they said. "This is not acceptable," said Finance Minister Uhuru Kenyatta, tipped by members of Kibaki's party as the most likely to replace him in the race to the presidency next year.
The ruling gives an upper hand to his potential rival, Odinga, shown by opinion polls as the frontrunner to succeed Kibaki in the 2012 general election. Kibaki is barred by law from standing, but is backing Odinga's rivals.
Kibaki's nominations were meant to improve confidence in the judiciary, and support his case for transferring the trials of key suspects in the post-election violence to Kenya from the International Criminal Court in The Hague.
Kenyatta is the most prominent of the six suspects, and has supported the plan to have the cases heard in Kenya, while Odinga has opposed it.
SLAP IN KIBAKI'S FACE
Marende said there had been insufficient consultation between the two leaders on the nominations, rendering the process unlawful.
"The time has therefore now come to make difficult decisions," said Marende in his eagerly-awaited ruling, which had been expected two weeks ago and was broadcast on television.
"It (the nominations process) is unconstitutional, and the unconstitutionality cannot be cured by any act of this house or its committee, or by a vote or a motion in this house," he said.
Unlike in the past, the assembly is required by the new basic law to approve nominees to top state offices in a bid to trim presidential powers and end political patronage.
"This is a big slap on the face of Kibaki, and a boost for Odinga," said political scientist Mutahi Ngunyi. "He (the speaker) was damned if he didn't and damned if he did, his choices were very limited, but it may have been the one to go with, given the mood of the country."
The country risks losing international goodwill, and possibly some financial support, if it fails to implement the constitution in a transparent manner.
(Additional reporting by Humphrey Malalo; editing by David Stamp)
