The Internal Security Ministry intends to appeal the High Court ruling that declared the appointment of the 47 County commissioners unconstitutional.
Acting Internal Security minister Yusuf Haji Thursday filed a notice of appeal at the Court of Appeal Registry in Nairobi, stating that he is dissatisfied with the ruling that was delivered by Justice Mumbi Ngugi on June 29.
Justice Ngugi had ruled that President Kibaki did not have powers to appoint or deploy the county commissioners.
The judge also ruled that the appointments violated the national values contained in the constitution and the National Accord and Reconciliation Act that requires him to consult Prime Minister Raila Odinga before making such appointments.
The judge declared the appointments null and void saying the President violated the constitutional requirements of gender balance.
Mr Haji’s decision is the first move by the government towards appealing the decision which is contrary to Attorney General Githu Muigai’s advice.
Prof Muigai had advised the government not to appeal the decision.
On Wednesday, Justice minister Eugene Wamalwa said the County bosses were in office illegally.
Mr Wamalwa said President Kibaki had been advised on the matter and the “commissioners ought to respect the law, vacate office, because the courts had already nullified their appointments".