If anyone has ever doubted the in Prof. Githu Muigai we have a failed AG and actually likely to be worse than Wako, if that’s possible, all one need to know is this: he is advising the government to appeal a decision which there is clearly no legal basis to appeal.
High Court Lady Justice Mumbi Ngugi has ruled 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.
“At long last, the people of Kenya have been vindicated in their clamor for respect of the Constitution,” said Anthony Oluoch, a lawyer representing the petitioner.
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.
The AG has now said he and Kibaki plan to appeal the decision.
This is very perplexing because the AG cannot articulate even a single plausible legal or factual reason why he thinks it’s good idea to appeal this decision other than to please his political bosses therefore putting him at par with his predecessor in award winning performance when it comes to doing the bidding for State House at the expense of the rest of the country.
What I find even more interesting that neither the media nor others have yet to point out is, it not only makes no sense to appoint people to positions that don’t exist under the law, the AG perhaps upon being told this after the fact hurriedly scrambled to send a bill to Parliament in failed efforts to legitimize their appointment, it is doubly nonsensical to rush to Parliament a bill that actually contradicts an existing law!
There is actually a law in the books Kibaki is ignoring that was precisely passed and he assented to it on how to deal with this very issue!!!!
The law, known as the Transition To Developed Government Act 2012 establishes a Transition Authority whose mandate shall be to [i]”facilitate and co-ordinate the transition to the devolved system of government as provided under section 15 of the Sixth Schedule to the Constitution.[/i]”
Kibaki’s appointed these illegal commissioners in total disregard of this law which tells you how much he regards the law especially when the law stands in the way of meeting his political objectives.
When the AG’s advises him to scramble and pass another law essentially replacing this one and leading into a situation were we have two laws in the books contrary to each other, we can only but conclude what many, including yours truly have been saying and that is, AG Githu Muigai has earned worst Attorney General in Kenya in record time and let’s all hope it doesn’t get worse.