President defended on county bosses choices

President Kibaki acted within the law in appointing 47 county commissioners, the government said on Monday.

This comes as the move by the Head of State raised a fresh storm in the coalition government. Vice-President Kalonzo Musyoka and Energy minister Kiraitu Murungi faulted Prime Minister Raila Odinga for opposing the appointments, arguing that President Kibaki acted within the law. (READ: Raila rejects Kibaki’s list of county bosses)

At the weekend, Mr Musyoka said: “The appointments are in line with Section 17 of the Sixth Schedule of the Constitution.” The VP spoke during his Wiper Democratic Party presidential campaigns in Narok North District.

“The Prime Minister should not use political rallies to criticise a government move. He should sit down with the President and consult first,” he said.

On Monday, Mr Murungi accused ODM of politicising the issue. He defended the appointments, saying they were in line with the Constitution.

Acting Head of Civil Service Francis Kimemia said the county commissioners were meant to lead a team of heads of national government departments in the devolved units.

President Kibaki named the commissioners on Friday, sparking criticism from leaders.

The PM disowned the postings, saying he was not consulted.

Cabinet ministers Fred Gumo and Anyang’ Nyong’o said ODM would on Tuesday hold a national executive committee meeting to take a stand on the matter.

In Mombasa, Shariff Nassir Foundation chairman Abdullswamad Nassir said the appointments should be revoked if the PM was not involved in the matter as national issues could not be determined by the Head of State alone.

At the same time, Chief Justice Willy Mutunga said the President appeared to have not followed the Constitution when making the appointments, adding that he ought to have considered gender parity and the issue of disability.

He spoke in Mombasa after opening a seminar on Supreme Court judges.

In Kitale, Mt Elgon MP Fred Kapondi supported the appointments.

Reported by Oliver Mathenge, Mwakera Mwajefa, George Sayagie, Philip Bwayo, Henry Nyarora and Eunice Machuhi