Hearings into Makueni fate begin this week

Public hearings into the petition seeking to dissolve the Makueni County Government begin this week amid concerns that residents will be denied a chance to take part.

A commission of inquiry appointed by President Uhuru Kenyatta last month will hold a pre-trial conference with the involved parties tomorrow before the first petitioner takes the stand on Thursday.

However, the tribunal’s decision to set up base at the Kenyatta International Convention Centre in Nairobi as instead of the county headquarters has sparked protests from residents.

The petitioners are demanding that the commission chaired by Nairobi lawyer Mohammed Nyaoga conducts its business in the county for more residents to participate.

The petition was signed by about 50,000 people.

Lead petitioner Philip Kilonzo told Sunday Nation that they would this week challenge the decision in court.

He said sitting in Nairobi would be a violation of constitutional provisions guaranteeing public participation.

“We demand that the Nyaoga team sets up its base at Wote market in Makueni for the pre-trial conference on Monday. If our demands are not met, we’ll have no option but to seek court intervention,” he said.

Mr Kilonzo, who will testify first, accused the commission of seeking to hear the people’s petition at their convenience.

“We are very disappointed because this is not a matter between the commissioners and the petitioners but involves the entire population of Makueni County,” he said.

Another petitioner, Mr Peter Mailu, claimed this was an attempt to predetermine the outcome.

“Whatever the outcome of the tribunal, the people of Makueni will not own it,” said Mr Mailu, who chaired the committee that collected the 50,000 signatures.

Mr Nyaoga announced in an advertisement that the commission had set up its offices in the Aberdares Hall at the KICC.

The tribunal comprises Mr Johnstone Kavuludi, Ms Emily Gatuguta, Prof Harrison Maithya, Mr Taib Ali Taib and Ms Alice Wairimu Nderitu.

It will inquire into allegations that the Makueni County Government has irretrievably broken down.

The tribunal will also investigate allegations that the county is completely dysfunctional and unable to discharge its constitutional mandate.

A copy of the petition seen by Nation lists Mr Phillip Munywoki Kilonzo, Mr Francis Mailu Mulandi and Ms Dorothy Nthenya Nyamai as the first, second and third petitioners.

“In Makueni, we have two governments; one under Governor Kivutha Kibwana and another under Assembly Speaker Stephen Ngelu,” reads the petition presented to President Kenyatta on November 21 last year.

It lists 46 grounds for dissolution among them flawed laws passed by the assembly which cannot be implemented as proof that the county government cannot discharge its constitutional mandate.