Githu advises against county bosses appeal
AG Githu Muigai respond to a question by the members of the CIOC on the deployment of 47 county commissioners by president Mwai Kibaki. Photo/ Jack Owuor
The fate of the 47 county commissioners unilaterally appointed by President Kibaki hangs in the balance after the State Law Office advised the Internal Security ministry against appealing the nullification of their appointment by the High Court.
Sources at the Attorney General’s office yesterday said Attorney General Githu Muigai advised Internal Security PS Mutea Iringo that the ruling should not be appealed. It is not clear why the AG has taken the position which comes barely days after Iringo announced to the 47 county commissioners that the government will appeal the nullification of their appointment.
At the weekend, Iringo said the rationale behind the revoking of the appointments by Justice Mumbi Ngugi is questionable given that other ministries have also appointed and deployed county representatives. The PS, who was speaking to the county commissioners when closing their induction at the Kenya Institute of Administration in Lower Kabete, also said it is difficult to respect the gender rule in professions like the military and the police.
He assured the 47 county commissioners that they are there to stay and hoped that there will be a fair hearing of the appeal. Iringo had said the AG would lodge an appeal last Monday, but this did not happen. The PS also urged the commissioners to go back to their stations and continue with their work.
Last Friday, Justice Ngugi declared the appointment of 47 county commissioners by President Kibaki unconstitutional. The judge said the appointments were not gender-sensitive, adding that President Kibaki did not consult Prime Minister Raila Odinga before making them. According to the judge President Kibaki had no powers to make the appointments since the positions were non-existent.
The judge added that under section 29 of the National Accord, the President is to consult the Prime Minister on such appointments. She said the appointments were in breach of principles and values of governance which include gender parity, public participation and the need for consultation. The judge said it was critical to have the general public participate and give a chance to those who wish to hold the positions to participate. She faulted Kibaki’s move to deploy the commissioners saying it does not cure the anomaly.