A judge on Monday ordered Attorney General Githu Muigai to release details of salaries and terms of employment for the 47 county commissioners.
High Court judge David Majanja said two petitioners, Mr Charles Omanga and Mr Caleb Okech, had a right to the information.
The judge issued the directive after the petitioners’ lawyer, Mr Anthony Olouch, said his clients had not been given the information they sought.
Mr Oluoch told the judge that he had served the court order for the release of the information on the Permanent Secretary for Internal Security, Mr Mutea Iringo, but the AG was the proper person to respond to the issue.
The judge directed that the AG be served with the order.
The two petitioners obtained a court order on July 27 directing that the PS provides them with the information, including documents showing the list of all the 47 commissioners and the salaries each one of them had earned since their appointment.
The court further directed that the petitioners be told who is paying their salaries. The PS was also required to provide records showing that the AG authorised the filing of an appeal against a High Court decision of June 29 quashing the appointments of the commissioners.
The appointments, which were made by President Kibaki, were quashed by the High Court after the two petitioners and some lobby groups challenged them in court.
The petitioners also want to be told who will pay for the services of a private lawyer, Mr Kibe Mungai, who was hired by the Internal Security ministry to file the appeal.
Mr Iringo replied to the petitioners, saying the county commissioners were paid their salaries by the Government of Kenya. According to the PS, the 47 officers were public servants before their appointment and deployment as county commissioners.
“The details of their salaries and allowances should be available from either the Treasury or the Public Service Commission,” Mr Iringo said in his reply.
The petitioners want the information, which they intend to use in instituting contempt of court proceedings against the minister and the Internal Security PS.
Justice Majanja directed that the case be mentioned on October 1 when he will give further directions.