By Wahome Thuku
Civic organisations have lined up petitions to challenge President Kibaki’s appointment of County Commissioners. The appointments were gazetted on May 11.
Two youth leaders, Patrick Njuguna and Charles Omanga, lodged their petition at the High Court in Nairobi on Wednesday. Several NGOs led by the International Centre for Peace and Conflict (ICPC) will be filing their constitutional petition this morning.
The appointments are being challenged on grounds they are unconstitutional.
Some organisations argue that the appointments are contrary to the provisions requiring public participation while others say the President violated requirements for gender and regional balancing.
The two youth leaders through their lawyer Anthony Oluoch want the appointments suspended pending determination of the case.
The two, who are officials of a lobby group Kenya Youth Parliament, want the court to prohibit the President and the Internal Security Minister from implementing the decision of having the commissioners take up offices or earn salaries and allowances.
The decision has been faulted by several other organisations including the Law Society of Kenya, the Commission on Implementation of the Constitution and the Federation of Women Lawyers of Kenya.
“The Executive cannot operate outside the boundaries of the law,” said ICPC Executive Director Ndung’u Wainaina.