Nairobi — President Kibaki has gazetted the reappointment of Justice Aaron Ringera as the head of the Kenya Anti-Corruption Commission, setting the stage for a major confrontation between him and a legal fraternity opposed to the appointment.

The Law Society of Kenya vice-chairman James Mwamu said the organisation would name a lawyer to lead the challenge against Mr Ringera's reappointment "on Wednesday or Thursday."

By publishing the notice in the official Kenya Gazette, the President has given his bid to give Mr Ringera another five years to head KACC the force of law, but MPs and LSK have indicated they will challenge the move.

The gazette notice released on Friday said Mr Ringera and directors Fatuma Sichale and Smokin Wanjala were reappointed as per powers conferred to the President by section 8 (4) and paragraph 3 (2) of the First Schedule of the Anti-Corruption and Economic Crimes Act.

The Parliamentary Committee on Legal Affairs chairman Abdikadir Mohamed said MPs were waiting for a report on Tuesday to annul the gazette notice.

Speaking to the Nation by phone, Mr Mwamu said: "We are focusing on the illegality of the entire process. The gazette notice is citing Section 8, which means the appointment should be done after approval by Parliament.

"The Kacc advisory board never recommended the officers."

He added that the section quoted spells out the process that should be followed when appointments are done, and that it does not give the President powers to reappoint. Mr Mwamu said the President may have confused 'reappointment' and 'extension of term of office'.

"Reappointment means starting a new process after the end of the first term, or after dismissal, suspension or removal.

Procedure

It is a commencement, that is why the law sets out a thorough procedure," Mr Mwamu said. He said Parliament set the process of appointing the Kacc boss "to have a chief executive who is accountable to the people and accepted across the board".

Mr Mwamu questioned why the reappointments were announced two days before the Kacc advisory board was to meet on Wednesday. The LSK official said the President, as the chief executive of the country, should act in good faith, withdraw the notice and rescind the reappointment.

The Kacc advisory board could also ignore the notice as null and void and set a process of recruiting new directors as per the law, give the names to Parliament and, if accepted, take them to the President.

He added that LSK, or any other individual, could also go to court and have the President's action nullified.

Parliament, he added, could also scrutinise the gazette notice and declare it unlawful. Mr Abdikadir said MPs were also awaiting a decision on threats to remove the allocation for Kacc from the Appropriations Bill.

In Friday's notice, dated August 31, President Kibaki reappointed Mr Ringera for five years with effect from September 8.

Hue and cry

Ms Sichale and Dr Wanjala, on the other hand, were reappointed for four years with effect from September 8.

The reappointments have attracted hue and cry from some politicians, lawyers and religious and civil society leaders who have questioned Kacc's performance under Mr Ringera.

The United States said on Thursday it was troubled by the manner in which the reappointments were made. A statement from the US Embassy in Nairobi said Kacc had performed poorly over the last five years and that the negative public reaction to the reappointments showed how little confidence Kenyans have in the body.

Similar sentiments were expressed by the Name and Shame Corruption Network.

The lobbies said the appointment of the Kacc director and his assistants lay with the advisory board, after which the names are forwarded to Parliament for vetting. The President's work, they say, was only to gazette the new appointees.

Those who support Mr Ringera's reappointment argue that since the law was silent on the matter, it was the prerogative of the President to do as required.