LSK to seek sanctions against County bosses

Lawyers have said they will push for the County commissioners still in office to be cited for contempt of court.

The Law Society of Kenya (LSK) said it will apply for the sanctions even as Justice minister Eugene Wamalwa said the commissioners should leave office.

Mr Wamalwa said President Kibaki had been advised on the matter and the “commissioners ought to respect the law, vacate office, because the courts had already nullified their appointments".

LSK chairman Eric Mutua noted that the move by the Executive to disobey the Judiciary was “disastrous and a recipe for Constitutional disorder".

“We are concerned and regret that the Executive is disobeying a lawful court order. It is disastrous if they choose what court orders to obey and which ones to disobey," he said in statement Wednesday.

“We need to remind the Executive that nobody is above the law. Any disobedience of a court order amounts to contempt of court which attracts sanctions.”

Mr Mutua said the precedent was dangerous especially since the General Election may lead to a dispute that may require the courts to adjudicate.

Two weeks ago, the High Court nullified President Kibaki’s appointment of the 47 County commissioners.

Lady Justice Mumbi Ngugi ruled that the President violated provisions of the Constitution on gender balance.

The judge also held that the President did not have powers to make such appointments, adding that even if he did, he is still bound by the National Accord and Reconciliation Act to consult Prime Minister Raila Odinga, which he did not.

“The appointments were unconstitutional and, therefore, null and void,” the judge ruled.

Attorney General Githu Muigai has since declined to appeal the ruling through a letter written to the Permanent Secretary, Internal Security Ministry Mutea Irongo.

"The President made the appointments through a Gazette Notice on May 11, but later published another, changing the word “appointed” to “deployed”. However, that did not cure the unconstitutionality," the judge said.

Mr Iringo instead told the county chiefs to stay in office despite the court order.

“It is not a question of whether one is unhappy and is going to appeal or not. The truth of the matter is that a court ruling must be respected. That is why I am deeply concerned with the directive by the PS,” Prime Minister Raila Odinga said on the matter.