[wanabidii] Kibaki appointment of County bosses in order-Court

Good People,     County boses, the commissioners are not constitutional. The verdit of the Court can be disputed by the public as far as need to resolve this matter through the Referendum.     Public governance is for the interest of the people and not to be shortchanged by interest of a group of a few people who stand to benefit public wealth and resources through middle Agents who play the role of Commissioners.     The middle-men occupying the possition of commissioners will pose a stumbling block to the flow of public service delivery and will duplicate expenditures with conflict of interest which shall cause disharmony with public mandate.     This is where people of Kenya must unite with their Governors to make sure Devolve Governance must function according to public mandate and that it is not short-changed for political special interest and benefit of a few.     The elected leaders with Judiciary must respect the law. The Constitution is the Law and the Law is supreme. If the judiciary fail to honor the constitution as public mandate demands, the people must PETITION for resolution by calling for a Referendum for people to speak up through their vote and declare how they wish to be governed.     The post of Provincial Commissionner is not constitutional and it  is not binding........it is not the will of the people ..........     Judy Miriga Diaspora Spokesperson Executive Director Confederation Council Foundation for Africa Inc., USA http://socioeconomicforum50.blogspot.com     Kibaki appointment of County bosses in order-Court County Commissioners during an induction course at the School of Government June 25, 2012 . The appointment of 47 County Commissioners was constitutional, a court ruled June 14, 2013. FILE By PAUL OGEMBA Posted Friday, June 14 2013 at 11:53 In Summary Court of Appeal overturns a High Court ruling that declared former President Kibaki's decision to name the county bosses unconstitutional. The appointment of 47 County Commissioners was constitutional, a court has ruled. On Friday, the Court of Appeal overturned a High Court ruling that declared former President Kibaki's decision to name the county bosses unconstitutional. The higher court ruled that the former president acted within the constitution in making the appointments. Appellate Judges Martha Koome, Milton Makhandia and Kairu Gatembu overturned the High Court ruling that nullified the appointment of the 47 commissioners, saying that the former president was justified in invoking provisions of the Old Constitutional to make the appointments. "Contrary to the High Court findings, Sections 23 and 24 of the former constitution were in force when he invoked them to appoint and deploy county commissioners. The sections remained in force until the first general election under the constitution was held on March 4," ruled the judges. The Appellate Court ruled that since Mr Kibaki acted under provisions of the former constitution, there was no requirement on him to fulfill Article 27 of the Constitution which requires balanced regional and gender representation. Last year, High Court judge Lady Justice Mumbi Ngugi nullified Mr Kibaki's appointment of the commissioners, ruling that the former president did not have the power to appoint or deploy and that the appointments violated the constitutional requirement for gender equality and regional balance. She also ruled that the appointments violated the provision in the National Accord and Reconciliation Act which required him to consult with then Prime Minister Raila Odinga before making such appointments. The judgment set a collision between the Attorney General and the Ministry of Internal Security. Whereas the AG advised Mr Kibaki to revoke the appointments and declined to appeal on behalf of the government, the Ministry hired a private lawyer Kibe Mungai to argue its case before the Appellate Court in a move that raised questions on who should handle court cases on behalf of the government. The Appellate Judges, however, settled the dispute, ruling that since the Internal Security Minister was a party in the High Court case, he was entitled to appeal even without the AG's consent. "The right of appeal is vested in any person aggrieved by a court decision which could have been actualised by the AG but since he refused, the minister lawfully appointed Mr Mungai to appeal the decision," ruled the judges.

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