Petitioners to be cross-examined in Makueni commission sittings

Nairobi, Kenya  - Petitioners in the commission of inquiry into the petition to suspend the Makueni County Government will face cross-examination by lawyers of interested parties when the commission resumes its sittings in Wote town on May 4.

 

The commission’s sittings, which had kicked off at Nairobi’s Kenyatta International Convention Centre (KICC) on Thursday, will be moved to Makueni County after they were adjourned so that all parties can be served with petition papers.

Commission chairman, lawyer Mohammed Nyaoga, told The Standard on Sunday  that many interested parties were filing applications to be enjoined, but cautioned it would be a criminal act for any person, lawyers included, to attempt to interfere with the commission’s work.

Nyaoga said attempts to derail the work of the commission through court injunctions would not distract his team.

On Thursday, High Court Judge Mumbi Ngugi said it would not be in the interest of justice to issue orders in a case filed by Mbooni MP Michael Kisoi against the commission’s sittings before hearing those sued in the case. The suit will be heard on May 24.

Public Structures

Kisoi had argued, through lawyer Tom Ojienda, that the county government had not set up structures for public participation that would enable the residents of Makueni to present their views on the petition before signing it.

“When we resume in Wote on May 4, lawyers for several interested parties will cross-examine the petitioners. I have cautioned lawyers that the commission will not entertain any delaying tactics or sideshows and they have to behave with decorum,” said Nyaoga.

On Thursday, Francis Mulandi, one of the nine petitioners, told the commission the squabbles between Governor Kivutha Kibwana and the county assembly had reached irrevocable levels.

Mr Mulandi said 2013/2014 passed without any meaningful development in the county as a result of bad blood between the two parties. Other than Mulandi, Nyaoga noted many interested parties were filing applications to be enjoined in the suit, among them members of county assemblies and members of the County Executive in Makueni.

Some 50,826 residents petitioned the President over the dissolution of the county. The petitioners argued that Members of County Assembly (MCAs) are corrupt and are making it difficult for the county government to operate.

Nyaoga said after hearings in Wote, the commission will stage at least three to four sittings in market centres identified in each of the constituencies in an attempt to reach as many people as possible.

Identified centres, dates and times of when the commission will visit, Nyaoga explained, will be publicised in local dailies this week.

The constituencies in Makueni County include Mbooni, Kilome, Kaiti, Makueni, Kibwezi West and Kibwezi East. “After one month in Makueni, we will review our work progress and consider whether we will have to return the sittings to Nairobi to give a chance to major institutions,” said Nyaoga.

Among institutions likely to present views before the commission include Parliament, the Commission for Revenue Allocation, Office of Controller of Budget, Salaries and Remuneration Commission, the Council of Governors, and the Constitutional Implementation Commission  among others.

The commission is expected to determine the issues raised by the Makueni electorate who petitioned for the county’s dissolution. If it finds the grounds strong enough, then it will recommend the County Government’s dissolution and report the same to the President going by Article 192 of the Constitution,.

Other members of the Commission include chairman of the Police Service Commission Johnston Kavuludi, former Mombasa Mayor Taib Ali Taib, Mrs Emily Gatuguta, Prof Harrison Maithya and Alice Wairimu Nderitu.

Before setting up of the commission, President Kenyatta had urged residents of Makueni and the County Government to explore all avenues of reconciliation “so that we do not set a trend that destabilises counties”.

But Governor Kibwana said all attempts at reconciliation had failed and the people of Makueni “should be given an opportunity to elect a county government of their choice”. If the steps are completed leading to the dissolution, the county would become the first to have all its elective positions put back to the ballot for voters to pick new occupants.

Though it has a six-month time frame to conclude its work, Nyaoga has indicated  that the commission will present its report to the President within the next two months.

Among its terms of reference include inquiring into the circumstances leading to allegations  that the county government has irretrievable broken down,   and that the county government is completely dysfunctional and cannot discharge its constitutional mandate.