State defies
court’s ruling on County bosses
State defies court’s ruling on County
bosses
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Updated 6 hrs 20 mins ago
By
Standard Team
The State continues to defy a High Court ruling that declared the
recent appointments of county commissioners “null and void” because they were
unconstitutional.
The commissioners were still in their new offices on Tuesday
allegedly discharging their duties even after the High Court revoked their
appointments.
This has set the stage for a major clash of
wills between President Kibaki and the Judiciary, as the commissioners operate
in the Ministry of State for Internal Security that is under his office.
The High Court ruling was on petition 208
challenging the constitutionality of the appointments or deployments by the
President of 47 county commissioners by way of Gazette Notices issued on May 11
and 23.
“The ‘appointments’ or ‘deployments,’ whatever
term is used, assuming that the President had power to make them, fail the test
of constitutionality by disregarding the national values and principles set out
at Article 10(b) and the principle contained in Article 27(8) of the
Constitution,” said Justice Mumbi Ngugi.
She noted, “The President is under obligation to
ensure that he, too, helps to move the country forward and to respect the
values and principles of the Constitution. He did not do this in the present
case.”
She added: “If a position does not exist, it is
clearly not possible to ‘deploy’ officers to or from such non-existent
position. The office would have to be created first, then appointments made,
before ‘deployment’ or ‘re-deployment‘ to that position can take place.
Clearly, Gazette Notice No.6937 of May 23 was an attempt to cure what was not
curable.”
Stressing on the need to operate within the
Constitution, Justice Ngugi said Kibaki should have consulted Prime Minister
Raila Odinga and sought the approval of Parliament on the matter.
She concluded that Kibaki had no power to
appoint or deploy the commissioners and that he violated Article 10 and 27 of
the Constitution.
“The purported deployment of County
Commissioners by Gazette Notice No. 6937 of May 23, 2012, was therefore
unconstitutional, null and void,” she concluded.
Some of the commissioners, when contacted by The
Standard, opted not to respond to our queries saying they were not allowed to
comment on the matter.
unanswered calls
County Commissioner Abdi Hassan in Uasin Gishu
County told The Standard he was held up in a meeting.
Mr Hassan said in a text message: “I am around,
but for now I am attending to some work. I will get back to you when I’m done.”
Efforts to contact Elgeyo/Marakwet County
Commissioner Mohamed Birik were fruitless, as several calls to his mobile phone
went unanswered.
Baringo County Commissioner Benard Leparmarai declined to comment
on the matter, but instead referred us to his seniors in Nairobi.
“I cannot comment on the matter for now. You may talk to our
seniors in the Provincial Administration headquarters in Nairobi,” Leparmarai
said on telephone.
In Trans Nzoia County, Commissioner Charity Chepkonga, was in her
office discharging her duties since Tuesday.
When The Standard visited her office, a senior official who
requested anonymity, said the commissioner was still working but was not around
at the time.
“The commissioner is present even today, but has gone for lunch
and she will be back in office in the course of the day,” he said.
In Pokot County, Commissioner Peter Okwanyo, was also working in
his office.
Sources within the office hinted that Mr Okwanyo is on Wednesday
expected to chair a meeting on elections and issues touching on hate speech.
The commissioner will chair the meeting at Mtelo Hall in
Kapenguria.
Most of the six county commissioners in Nyanza Province are still
in office, a week after the High Court nullified their appointments.
Kisumu Country Commissioner Lorna Odero was at work on Tuesday,
but left early in the afternoon.
“She will be in the office tomorrow morning,”
one of the staff at her office told The Standard.
Ms Odero has been serving the county from the
office of former Kisumu East DC Mabeya Mogaka, who was recently moved to the
Office of the President.
A visit to Kisii County Commissioner Lydia
Muriuki’s office established that it was business as usual.
Mrs Muriuki told The Standard she was in office
discharging her duties in accordance with her appointment. The county is
peaceful and if you have heard of anything touching on security let me know,”
she said.
The administrator said she had not received any
other communication other than the one appointing her to the position.
At the office located at Kisii District
headquarters, locals were queuing to see Muriuki, one of 10 women county
commissioners, a move civil society say is far below the one-third-gender
balance the Constitution requires.
Before the presidential appointment, Muriuki had
been serving as Eastern Nyanza regional commissioner covering Kisii and Nyamira
counties. She was appointed to the position in 2009.
sensitive issues
She said her office was overseeing security
preparation for the Agricultural Society of Kenya, Southern Nyanza Trade Fair
at Gusii Stadium, tomorrow.
In Homa Bay County, Samwel Otieno was in office,
but declined to speak to The Standard on any matter related to his
administrative duties.
“Security issues are so sensitive that I cannot
discuss them with The Standard or any other private media house,” he said.
He added that he could only share information
with the State-owned Kenya News Agency and Kenya Broadcasting Corporation.
But Migori CC Anne Ngetich has not reported
since the induction course for the 47 county commissioners in Nairobi, last week.
Nyamira County Commissioner Wilson Wanyanga was working on
Tuesday in his office in Nyamira town. But he did not respond to calls from The
Standard.
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