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. (READ: Raila protests team set up to analyse ICC ruling)

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.