Nairobi — Attorney General Githu Muigai's office has written to the Internal Security Permanent Secretary Mutea Iringo advising against lodging an appeal on a High Court ruling that outlawed the appointment of 47 County Commissioners.
Sources at the State Law office told Capital FM News that the letter written by Deputy Solicitor General Muthoni Kimani tells the PS that an appeal is unlikely to get a favorable ruling.
The appointments that were made by President Mwai Kibaki have been opposed by a cross section of the public, leading to a court case by the civil society.
Last Friday the High court ruled that the Head of State lacked the legal authority to make such appointments.
Justice Mumbi Ngugi also said that the President ignored the principle of gender balance when he unilaterally selected the County Commissioners.
The judge also nullified the appointment on the strengths that the President went against the spirit of the National Accord and Reconciliation Act.
"The Act requires him to consult Prime Minister Raila Odinga whenever appointments to senior government offices are made," she said.
The appointments were also annulled on the Courts finding that that the President ignored the principle of gender balance when he unilaterally selected the County Commissioners.
Civil society activist Patrick Njuguna, Charles Omanga and the Centre for Rights Education and Awareness (CREAW) filed the petition.
But on the same day, Iringo directed the 47 county commissioners to stay put with assurances that the Attorney General would appeal the ruling.
"I assure you that you are here to stay as we expect a fair judgment after the appeal," he said on Friday evening when he hurriedly closed an induction course for the County Commissioners at the Kenya Institute of Administration in Kabete after the court ruling.
Iringo also termed the ruling 'questionable' arguing that other government ministries had appointed and deployed County representatives.
The commissioners had attended a week-long induction course at Kenya Institute of Administration (KIA) in Kabete that was aimed at sensitising the commissioners on how to work harmoniously with governors and senators once the County Government is established after next general elections.
The training was centered on civic education rationale and on the provisions of the Constitution to ensure the county commissioners understand the law which they are supposed to implement.