Kenya, in January, made some stuttering progress towards implementing its new constitution (approved in a referendum last August) by establishing two key bodies--the Commission on the Implementation of the Constitution (CIC) and the Commission for Revenue Allocation (CRA)-after missing the original deadlines because of in-fighting between the coalition partners (December 2010; The political scene). However, interparty peace did not last long, and a fresh, bitter dispute subsequently erupted between the Party of National Unity (PNU) and the Orange Democratic Movement (ODM) about judicial reform and the appointment of new law officers, which clearly illustrates the difficult challenges that lie ahead on the constitutional journey.

The president, Mwai Kibaki (PNU), in late January, announced that Alnashir Viram would take over as chief justice from Evan Gicheru (who is due to step down on February 27th), and that Githu Muigai would replace the veteran attorney-general, Amos Wako (who must stand down before August 27th, one year after the referendum). In addition, the president named Kioko Kilukumi as director of public prosecutions and William Kirwa as budget controller, both new posts. However, the prime minister, Raila Odinga (ODM), denounced the list, saying that he had not been properly consulted-while legal experts criticised the president for by-passing the recently overhauled Judicial Services Commission. PNU officials rejected Mr Odinga's complaint, pushing tensions higher, and some PNU members of parliament have threatened to call a delegates conference, with a view to pulling out of the coalition. However, this is surely brinkmanship, as the PNU lacks the numbers to outvote the ODM in parliament and would risk losing to the ODM in a fresh election: a recent opinion poll puts Mr Odinga well ahead of his rivals in the presidential race. The speaker, Kenneth Marende, was scheduled to give a ruling on the appointments on February 3rd, but instead called for further discussions within key parliamentary committees in a bid to settle the impasse. It seems likely that the president will have to back down, but the intensity of the row confirms that constitutional implementation will be far from smooth.