Githu and PS differ on appeal

Attorney-General Githu Muigai has said that his office will stick to the decision not to appeal against a ruling that revoked the appointment of county commissioners.

Through State counsel Stella Munyi, Prof Muigai on Tuesday told Lady Justice Mumbi Ngugi in Nairobi that he stuck to his earlier position of complying with the ruling and advice to the government not to appeal.

The AG’s office, Ms Munyi said, had no objection to a petition by two activists seeking to compel Internal Security permanent secretary Mutea Iringo to file a notice revoking the appointments and a written confirmation that none of them was in office or continued to exercise powers and functions of the office.

“The AG’s opinion is well known, we are ready to comply with the court’s judgment,” she said.

The activists, Mr Charles Omanga and Mr Caleb Okech, want an order compelling Mr Iringo to file a notice revoking the appointment of the 47 county commissioners and a written confirmation that none of them is in office or continues to exercise any powers and functions of the office.

The State counsel differed with the PS over who should represent him in court, saying that it was only the AG with the mandate as per the Constitution to act on behalf of any State office.

Her response sparked a clash with Mr Iringo who wants a petition seeking to compel him to comply with the order amended to allow him to respond appropriately.

Through lawyer Kibe Mungai, the PS termed the application incompetent and sought to have 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,” he said.

Asked whether Mr Iringo had powers to instruct a private lawyer to act on behalf of the State, Mr Mungai said his client was acting in his individual capacity as an interested party.

The permanent secretary is on record telling the commissioners to “stay put” immediately after the court declared their posting unconstitutional. He has enlisted the services of Mr Mungai to appeal the ruling despite the AG’s advice not to do so.