A sharp difference has emerged between the office of the Attorney General and the Ministry of Internal Security over the appointment of the county commissioners.
Whereas the AG told the court Tuesday that his office is ready to comply with the ruling that revoked the appointments of the 47 commissioners, the Internal Security Permanent Secretary Mutea Iringo wants a petition seeking to compel him to comply with the order amended to allow him respond appropriately.
The AG, through State counsel Stella Munyi, told Lady Justice Mumbi Ngugi that they are ready to stick to their earlier position of complying with the ruling that quashed the appointments.
Ms Munyi said that the AG’s office has no objection to a petition by two activists seeking to compel the PS to file a notice revoking the appointment of the commissioners and a written confirmation that none of them is in office or continues to exercise any powers and functions of the office.
“The AG’s opinion is well known, we are ready to comply with the court’s judgment and stick to our original position of compliance,” said Ms Munyi.
The state counsel clashed with the PS over who should represent them in court, saying that it is only the AG who is mandated by the Constitution to act on behalf of any government office in legal suits.
However, the PS through lawyer Kibe Mungai termed the application incompetent and sought it struck out arguing that he was wrongfully enjoined since he was not the appointing authority.
“The application is seeking orders against the PS and he would wish it to be amended so that he can properly defend himself in the petition,” said Mungai.
Asked whether the PS had powers to instruct a private lawyer to act on behalf of the government, Mr Kibe said that his client was acting on his individual capacity as an interested party since he had been enjoined in the suit.
He asked the court to uphold Mr Iringo’s preliminary objection to the petition, accusing the two activists of abusing the court process over the matter when they are aware that he cannot revoke the appointment of commissioners since he did not employ them.