County
Commissioners in office despite ruling
Related News
SHARE THIS STORY
Updated 48 mins ago
By STANDARD TEAM
President Kibaki lost final bid to have strong arm of central government in running of counties after his Chief Legal Advisor refused to play along.
President Kibaki lost final bid to have strong arm of central government in running of counties after his Chief Legal Advisor refused to play along.
The Government received the kick in the teeth
after Attorney General Githu Muigai, declined to appeal against a High Court
decision to revoke Kibaki’s appointment of 47 county commissioners.
In so doing the AG appeared to side with the
High Court on the ruling that the appointments violated the Constitution, the
National Accord and Reconciliation Act 2008, and breached the one-third-gender rule.
Curiously, the AG’s letter declaring he would
not appeal was sent to acting Permanent Secretary for Internal Security and
Provincial Administration. Instead of recalling the affected commissioners, the
PS asked them to remain at their stations in spite of the court order.
The setback to the President’s wish to stamp
Executive authority in the devolved units came a day after Prime Minister Raila
Odinga cautioned senior civil servants against ignoring the court order and
other constitutional requirements.
“It is not a question of whether one is unhappy
and is going to appeal or not. The truth of the matter is that a court ruling
must be respected. That is why I am deeply concerned with the directive by the
PS (Iringo),” said Raila.
A letter signed by Senior Deputy Solicitor
General Muthoni Kimani, who repots to Muigai, and dated Tuesday, July 4,
advises the President’s office against appealing.
Still defiant
“The Attorney General advises against appealing the High Court decision in the county commissioners’ case,” said Kimani.
“The Attorney General advises against appealing the High Court decision in the county commissioners’ case,” said Kimani.
The three-paragraph letter kills any hope the
Government had in retaining the recently appointed commissioners, largely
because if there were to be any appeal, it would be the AG to lodge it.
In her ruling, High Court Judge Mumbi Ngugi
declared the President had erred in the appointment of the commissioners as he
had overlooked a number of Articles in the Constitution. Justice Ngugi said,
“The President did not have the legal authority to make such appointments and
his decision was against the spirit of the Constitution and the National Accord
and Reconciliation Act, which called for consultation and gender balance.”
The list of appointed commissioners had 10 women
and 37 men, while the Constitution specifies that no one gender should occupy
more than two-thirds in any public appointments.
That notwithstanding, an inquiry by The
Standard, showed the commissioners continued working in disregard of the court
order. Civil society groups on Tuesday called for the suspension of Iringo for
ignoring the court order. This appears to be what prompted the AG’s
office to avoid the controversy.
Iringo had earlier asked the commissioners to stay in office with an assurance the AG would overturn the decision through an appeal.
Iringo had earlier asked the commissioners to stay in office with an assurance the AG would overturn the decision through an appeal.
The decision to hire the 47 county commissioners
was first mooted by Iringo’s predecessor Francis Kimemia, now the acting Head
of Civil Service. He is now Iringo’s boss and the chief implementer of
the President’s and Cabinet decisions.
Kimemia earlier made a futile attempt to appoint
county commissioners, but the Prime Minister, the Constitution Implementation
Commission, and the civil society rejected the list.
It was argued at the time the appointments
disregarded the tenets of devolution as enshrined in the Constitution. Though
the initial list was withdrawn, the second came from Kimemia’s office and still
bore the footprints of the rescinded breakdown.
Former Internal Security Minister George Saitoti
defended the appointment of the commissioners when Kibaki picked them on May
11.
He told a charged Parliament that the President
took the action in his administrative capacity because the appointments did not
require him to consult the PM or the Implementation Commission.
“They will not interfere in any way with the
authority of county governments,” the late Saitoti said.
Remain vigilant
He said the President acted under the advice of the Attorney General, who had given his opinion that the Executive had the powers to transfer officers. But Thursday, it was the same AG who pulled away from the contentious list.
He said the President acted under the advice of the Attorney General, who had given his opinion that the Executive had the powers to transfer officers. But Thursday, it was the same AG who pulled away from the contentious list.
But ODM MPs led by Joint Government Whip Jakoyo
Midiwo, and three ODM MPs – John Mbadi Rachael Shebesh and Millie Odhiambo –
argued that the appointments lacked merit, transparency, and public
participation.
On Wednesday, Raila cautioned there was a plot
by some Government officers opposed to the Constitution to sabotage
implementation. He said Iringo order asking county commissioners to disobey the
court was part of the plot.
“The county commissioners’ debate is a start of
what Kenyans should expect because other decisions will come where the
Constitution will not be obeyed. But Kenyans must remain vigilant and jealously
guard the Constitution,” advised Raila.
Last weekend, Iringo told commissioners at their
induction course at the Kenya Institution of Administration they should return
to their workstations pending Government appeal against the ruling.
Iringo said: “From here, you are required to go
back to your work stations and continue with your work.”
In Coast, Kwale County Commissioner, Evans Achoki, Thursday said he was waiting for a letter to ask him to leave the office before packing.
In Coast, Kwale County Commissioner, Evans Achoki, Thursday said he was waiting for a letter to ask him to leave the office before packing.
“I was appointed and given a letter posting me
to Kwale. Now, I’m waiting for the same office to send me another letter
terminating my services,” he said.
In Lamu, County Commissioner, Stephen Ikua,
remained in office, while in Mombasa, the new appointee Nelson Marwa was also
in office, but refused to comment on the court ruling. In Kilifi, Mohamed
Maalim failed to preside over the handing over of 46 motorbikes bought by
Bahari Constituency Development Fund for chiefs.
Tana River County Commissioner, Joseph Rotich,
was on official duty in Nairobi, but confirmed he was in office. His
Taita-Taveta counterpart Harun Khator said he was attending a workshop in
Nairobi.
County commissioners in the North Rift were also
at their duty stations. Some told The Standard they were directed to continue
working until further communication.
Uasin Gishu County Commissioner Abdi Hassan said
he was discharging his duties since he took over from the former regional commissioner.
“I am here to serve the people as I was directed by immediate bosses. I cannot comment on anything touching on what my seniors have said,” said Hassan.
“I am here to serve the people as I was directed by immediate bosses. I cannot comment on anything touching on what my seniors have said,” said Hassan.
Other commissioners still in office in the
region were Mahamed Birik (Elgeyo/Marakwet) and Matilda Sakwa of Nandi County.
Mr Birik said he would continue working until he
gets further direction. Baringo County Commissioner Benard Leparmarai said he
was still in office following instructions they continue serving despite court
ruling that revoked the appointments.
In Pokot County, Commissioner Peter Okwanyo, was
also been in his office discharging Government business, The Standard found
out.
A check in Kericho and Nakuru counties showed
the new commissioners were in office despite the court order. But in Bomet and
Narok counties, commissioners stayed away, waiting further Government direction.
Very unhappy
In Kericho, Commissioner Mohammed Rashid spent the better part of Wednesday on a familiarisation tour of Kericho West District where he met heads of departments at Sosiot town. In Nakuru County Rift Valley PC Osman Warfa announced County commissioner Amos Gatecha would be occupying the Nakuru DC’s offices.
In Kericho, Commissioner Mohammed Rashid spent the better part of Wednesday on a familiarisation tour of Kericho West District where he met heads of departments at Sosiot town. In Nakuru County Rift Valley PC Osman Warfa announced County commissioner Amos Gatecha would be occupying the Nakuru DC’s offices.
“The county commissioner has now moved to the
district headquarters where he will be co-ordinating county affairs,” Warfa
said.
Operations at Bomet County offices remained
slow, as Commissioner Pauline Dola has been absent since the court ruling.
In Nyanza, Kisii County Commissioner Lydia
Muriuki was away in Nairobi to pick supplies for the county office, but said
she was on duty.
Her Nyamira counterpart Wilson Wanyanga was in
his office, wondering why they were the targets, yet other ministries had made
similar deployments.
“I am a civil servant just like others who have been deployed as county directors or commissioners,” said Wanyanga.
“I am a civil servant just like others who have been deployed as county directors or commissioners,” said Wanyanga.
In Western, a check established that all the
four county commissioners had not vacated their offices.
No comments:
Post a Comment