AG tells Executive to obey court orders

Attorney General Githu Muigai has urged the executive to comply with court orders and respect the rule of law.

Prof. Muigai said constitutionalism cannot exist where people choose which court orders to obey and the ones to disregard.

The Attorney General made the remarks on Tuesday at the launch of the Judiciary Marches Week at KICC, Nairobi.

Tension has been mounting between the State Law Office and State House over the appointment of County Commissioners.

Lady Justice Mumbi Ngugi had in June nullified President Kibaki’s appointment of 47 County Commissioners; ruling that the President did not have the power to appoint or deploy the county commissioners and that such appointment violated the constitutional requirement for gender equality.

Prof Muigai said his office was ready to obey the ruling.

But Internal Security permanent secretary Mutea Iringo hired private lawyer Kibe Mungai to appeal the ruling claiming that if the orders are enforced, a serious vacuum would be created in the administration of counties pending the completion of the restructuring of the Provincial Administration.

The PS argued that the execution of the judgment would affect security and administrative services provided by the Provincial Administration at county level, locations and sub-locations.

He claimed the judgment had paralysed and curtailed the President’s constitutional mandate and called into question all the powers of the President to act under the provision of the executive chapter of the former Constitution.

However the Attorney General dismissed Mr Iringo’s hiring of a private lawyer to appeal the court decision, saying he was the only one mandated by the Constitution to act on behalf of any government office in legal suits