Friday, July 13, 2012

Activists want PS to comply with County bosses ruling


Activists want PS to comply with County bosses ruling

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Civil society activist Charles Omanga (left) and his lawyer Anthony Oluoch in court when he filed an application seeking to compel the Internal Security permanent secretary to comply with a judgment that quashed their appointment July 13, 2012. PAUL WAWERU
Civil society activist Charles Omanga (left) and his lawyer Anthony Oluoch in court when he filed an application seeking to compel the Internal Security permanent secretary to comply with a judgment that quashed their appointment July 13, 2012. PAUL WAWERU  
By PAUL OGEMBA
Posted  Friday, July 13  2012 at  15:13
The row over the County commissioners deepened Friday with civil society activists moving to court to compel the Internal Security permanent secretary to comply with a judgment that quashed their appointment.
Charles Omanga and Caleb Okech want PS Mutea Iringo to file a notice revoking the appointment of the 47 County commissioners within three days and a written confirmation that none of them is in office or continues to exercise any powers and functions of the office.
The activists have also taken the Internal Security Ministry head on for by-passing the Attorney General and employing the services of a private law firm to appeal against the nullification of the appointment.
Through lawyer Antony Oluoch, the activists argue that the PS is in record telling the County commissioners to stay put in their offices despite the court ruling revoking their appointment.
“The PS is reported to have instructed the said commissioners to disregard the court ruling in spite of knowledge of it, an action which is a potential breach of the Constitution,” said Mr Oluoch.
Gender equality
Lady Justice Mumbi Ngugi last month nullified president Kibaki’s appointment of the commissioners; ruling that the president did not have the power to appoint or deploy the county commissioners and that such appointment violated the constitutional requirement for gender equality.
She also ruled that the appointments violated the provision in the National Accord and Reconciliation Act which requires him to consult Prime Minister Raila Odinga before making such appointments.
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Attorney General Githu Muigai advised the government against appealing the decision, but on Thursday acting Internal Security minister Yusuf Haji instructed a private law firm to appeal the decision on behalf of the Ministry.
Through lawyer Kibe Mungai, the minister argues in his grounds of appeal that the judgment was based on provisions of the Constitution, which will not come into effect until after the first General Election under the new Constitution.
He added that the judgment was based on a misconception of facts in the sense that in restructuring the provincial administration, the government was obligated to deploy regional commissioners before any other person is employed at the counties.
Intended appeal
Mr Oluoch said that they are also seeking an order to compel the PS to confirm in writing who the instructing client is to the intended appeal lodged by Mr Mungai.
“We want to know whether the AG has been consulted as the government chief legal advisor and who is responsible of the legal fees to the advocate and whether any of the costs will be paid by the Kenyan Taxpayers,” said Oluoch.
He faulted the move to hire a private lawyer as unconstitutional, accusing the ministry of sidestepping the AG even after he offered his legal opinion against contesting the ruling.
Article 156 of the Constitution says that the AG is the principle legal adviser to the government and shall represent the national government in court in any legal proceedings to which the national government is a party.
Mr Oluoch defended the court’s nullification of the appointments, saying that the judge rightly found that the president did not take into account the competitive recruitment procedures, gender and regional balance, public participation and representation of marginalised communities.
The application was certified urgent by Lady Justice Ngugi who directed that they serve the PS for an inter-parties hearing on Tuesday next week.

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