“The judgement is based on a misconception of facts in the sense that in reconstructing the Provincial Administration, the Government was obligated to appoint or deploy the regional commissioners before any other person could be appointed,” the Government submits.
High Court Judge Mumbi Ngugi in her ruling stated that President Kibaki breached the Constitution and the national accord in the appointment of the county commissioners.
She observed that the Legislature should have created the offices of the county commissioners first before the appointments were conducted and added that there was a rush to fill positions that never existed.
Invoking the national accord the judge explained that the president’s failure to consult the Prime Minister in the appointment was in contravention of section 29 of the Accord.
