Internal Security Permanent Secretary Mutea Iringo wants the application struck out
NAIROBI, Kenya, Jul 17 – The office of the Attorney General has maintained that it will not appeal against the decision by the High Court to nullify the appointment of 47 county commissioners.
The government’s chief legal adviser told the High Court that his position has not changed and is ready to comply with the court’s directive.
State counsel Stella Munyi told Justice Mumbi Ngugi “we are ready to stick to our earlier position of complying with the ruling that quashed the appointments.”
The AG’s representative went on to say they will not be opposing the petition which is seeking to compel the PS to file a notice revoking the appointment of the commissioners and a written confirmation that none of them is in office or continues to exercise any powers and functions of the office.
But even as the AG stated his position, Internal Security PS Mutea Iringo sought to have the petition by two civil society activists struck out or amended so that he can respond appropriately.
The PS in a preliminary objection he has lodged is accusing the two activists of abusing the court process.
According to the PS, the case should not be entertained because the petitioners are fully aware that he cannot revoke the appointment of commissioners since he is not the appointing authority.
However, the PS through lawyer Kibe Mungai and the State counsel failed to agree over who should represent them him court.
Munyi argued that it is only the AG who is mandated to act on behalf of the government in legal suits under the Constitution.
But Kibe Mungai asked the court to strike out the petition terming it incompetent for enjoining the PS in the proceedings yet he was not the commissioners’ appointing authority.
“The PS wants the petition amended for him to be able to defend himself because the suit is seeking orders against him,” said the advocate.
The advocate told the court that he was acting on behalf of the PS since the petitioners have enjoined him as an interested party.
“If the petitioners amend the petition and make him a party, I believe the AG will represent him,” he added
The case will be heard again on July 27.
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