By Kepher Otieno???
The High Court in Kisumu has once again declined to give orders blocking the newly appointed 47 county commissioners from taking office.
Resident Judge Abida Aroni said the matter had been overtaken by events and it was now common knowledge the officers had assumed office. Subsequently, trying to block them was inconsequential.
Justice Aroni wondered why the case was being filed in Kisumu yet there was already another one going on in Nairobi. She refused to grant the plaintiff’s lawyer Sam Onyango orders of stay and advised that the case be consolidated with the one in Nairobi to expedite justice in the matter.
According to Aroni, the judicial review application would act as a conflict if it was heard separately from the one filed in Nairobi.
The judge was reacting to a case by Mariane Morgan and Caleb Oketch of the Youth Platform for Change who wanted the court to suspend the process of appointing of the 47 county commissioners pending hearing and determination of their case.
The two have named the Attorney General and Minister of Provincial Administration and Internal Security as the respondents.
This is the second application on the same after another was filed in Nairobi seeking to reverse the appointments by law.
Flawed appointments
Patrick Njuguna and Charles Omanga moved to court last week and enlisted a number of reasons as to why the appointments by President Kibaki were flawed and should not be allowed to stand.
First, they said Kibaki in his decision to appoint the 47 failed to take into account competitive recruitment procedures. Similar arguments were advanced in the Kisumu court.
The two claim that the President overlooked the dictates of the new Constitution especially the National Accord, which demands that he consults with Prime Minister Raila Odinga on such appointments.
Onyango, too, argued that the President failed to observe gender and regional balance and public participation as provided for under the law and even failed as well to advertise to ensure open contest.
Legal grounds
He also noted that the appointments go against Section 2 of the Constitution, which says that the Constitution is the supreme law of land and binds all persons.
On Tuesday, Aroni said much as they had legal grounds, the matter had been overtaken by events because the officers have already assumed office so trying to block them was inconsequential.
The matter was then transferred to Nairobi to be heard together with the other case whose hearing is set for June 4. Onyango obliged to the transfer saying they will not relent.
