President Kibaki has said that his nomination of four Kenyans to top State jobs was within the law.

Addressing a news conference at his Harambee House office Friday over Speaker Kenneth Marende's ruling on the controversial nominations, President Kibaki said he will await the decision of the Constitutional Court.

The President said he acted "within my constitutional mandate" in nominating the four individuals to the four justice and budget jobs.

He said that the spirit of separation of powers among the three arms of government "on this important constitutional issue ought to have been respected".

"The interpretation of the Constitution ought to have been left to the Judiciary," President Kibaki said.

"In my actions as your President, I have at all times acted in accordance with the Constitution and the Laws of Kenya."

He said the two House Committee on Justice and Finance had found that the nominations were constitutional.

"None of the these two Parliamentary Committees returned a verdict that myself and the Prime Minister had acted unconstitutionality in relation to the nominations," he said.

"Before we can conclude the nominations that we have embarked upon, the government will wait the verdict of the Constitutional Court on the nominations. In the meantime, we shall proceed with other aspects of implementing the Constitution."

He said that his government was committed to the implementation of the new Constitution and that he will provide leadership in the process.

Already, a court has issued interim orders that the nominations were unconstitutional.

But Prime Minister Raila Odinga said the Speaker had upheld the Constitution when making his ruling.

“The Speaker made that ruling in line with the Constitution and in that (ruling), there is no winner or loser. The winner is Kenya. Nobody should brag that I won and they lost. Kenya won,” the PM said.

He further said he will sit with President Kibaki and work out a new list.

“President Kibaki will say this is what I want and I will also tell him what I want and then we will agree,” he said.

Addressing a rally in Garsen town at the close of the first day of his tour of Coast Province, the PM further urged Kenyans not to fear that the coalition government would collapse on the basis of the ruling.

“I know we will sit and resolve this issue so that country can go forward. There is no need for people to fear anything. Don not take it that the country will be split over this matter,” the PM said to cheers from the crowd.

Two weeks ago, both principals agreed to refer the matter to the House and respect its decision after their meeting failed to break the impasse.

"On the Issue of the nominations to fill State offices currently under consideration by Parliament, the two Principals agreed to respect the ongoing parliamentary process and its outcome.

Furthermore, the two Principals assured Kenyans that they will observe the letter and spirit of the Constitution in implementation of the Constitution including the appointment to State Offices," read a statement from President Kibaki's office.