Court nullifies Kibaki's list of County bosses

The High Court has overturned the appointment of 47 County Commissioners.

Lady Justice Mumbi Ngugi ruled Friday that President Kibaki flouted provisions of the Constitution by creating non existent positions of County Commissioners and appointing people to fill them in disregard of the Constitution.

In her judgement, the judge ruled that the President violated the provision on gender balance and those that required him to consult with Prime Minister Raila Odinga in line with the National Accord and Reconciliation Act.

Lady Justice Ngugi held that the President did not have any powers to appoint the Commissioners but even if he did, he ought to have consulted the PM.

The judgement was delivered on a petition that was filed by lobby groups challenging the appointments.

The Centre for Rights Education and Awareness (CREAW), on the one hand, and Patrick Njuguna and Charles Omanga on the other hand had filed the petitions, which were later consolidated.

Non existent positions

Their lawyer, Anthony Oluoch, speaking shortly after the verdict praised the decision terming it as "a landmark".

"At long last, the people of Kenya have been vindicated in their clamour for respect of the Constitution," he told reporters.

"You cannot make appointments to positions that are non existent. The appointments would have put but the County Commissioners in conflict with the governors."

The Executive Director of CREAW Wangechi Wachira also lauded the verdict.

"We are very excited. On any other position that is going to be created, gender balance is going to be adhered to," she said.

The petitioners had faulted the appointments citing the requirement of the Constitution including gender balance, consultation with the PM and the National Values and principals of governance.