A decision by Attorney General Githu Muigai not to file an appeal against a High Court ruling is a watershed moment in the fight to get the Executive arm of Government to respect the courts.
The High Court ruled that the appointment of county commissioners by President Kibaki was unconstitutional and in effect null and void.
However, the Internal Security Permanent Secretary Mutea Iringo, who was probably getting his brief from elsewhere, arrogantly told the commissioners to stay put in full defiance of the High Court.
Chief Justice Willy Mutunga has in the recent past had to call upon the Executive to stop trampling on rulings of the courts, and to respect the separation of powers that is the cornerstone of effective governance.
What is baffling, however, is the motive of the appointments. Initially, when he held the Internal Security PS docket, Head of the Civil Service Francis Kimemia had appointed the same commissioners only for MPs and civil society to reject the move.
It is therefore strange that following his promotion, and with him no longer in charge of the security portfolio, the same names were announced and the individuals posted to various counties.
Clearly there was no consultation with the Prime Minister as required by the National Accord, and the Executive ignored the fact that these were substantive appointments. They were also not in line with the gender requirements of the new laws.
Also baffling is the Executive’s penchant for trying to ram appointments down the throats of Kenyans in defiance of the new Constitution and the National Accord.
As things stand, the county commissioners should be redeployed.
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