The simmering row over the appointment of county commissioners is expected to escalate with civil society activists set to argue their petition Tuesday.
Charles Omanga and Caleb Okech are seeking a court order to compel Internal Security Permanent Secretary Mutea Iringo to comply with a judgment that quashed the appointment of the 47 county commissioners.
The PS is reported to have instructed the commissioners to disregard the court ruling and the activists now want him to file a notice revoking the appointments and a written confirmation that none of them is in office or continues to exercise any powers and functions of the office.
They are also seeking a written explanation why the acting Internal Security minister Yusuf Haji by-passed the Attorney General and employed the services of a private law firm to appeal against the nullification of the appointment.
Lady Justice Mumbi Ngugi last month nullified President Kibaki’s appointment of the 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.
Although Attorney General Githu Muigai advised the government against appealing the decision, the Ministry hired the services of lawyer Kibe Mungai to file an appeal claiming that the judgment was based on provisions of the Constitution, which has not come into effect.