Written by Leonard Wamalwa 2012-07-22 11:41:00 Read 458 Times

As Kenyans remain in a state of confusion over the president's appointment of the 47 county commissioners, more calls objecting their being in office have been raised as the president is accused of defying the constitution in their appointment and by going further to oppose a court ruling.

Jukwaa la Katiba Movement national secretary general Ndolo Asasa (pictured) has said that the commissioners should not be allowed to be in place arguing that they have no meaningful and specific role they are to do at the county level.

Speaking while facilitating a workshop meant to educate stakeholders on the new constitution in a Kitale hotel, Ndolo said that the government's argument that the commissioners shall be in charge of security and peace in their respective counties is not true because they have earlier on failed in such a mandate.

"The county commissioners have nothing new to bring in the counties where the entire provincial administration comprising of PCs, regional commissioners, DCs, DOs, chiefs and assistant chiefs failed to ensure what they are said to come to do, in fact the administrators themselves proved to be more vulnerable to insecurity than the members of public as it was witnessed in the 2007 post elections violence," he noted.

He pointed out that for the country to deal with insecurity that is rocking this country is through equipping the departments that are mandated to ensure security and prosecute the perpetrators as stipulated in chapter 14 of the constitution.

"Chapter 14 of the new constitution stipulates clearly the people or departments that are supposed to ensure security and deal with criminal activities under the new dispensation, it states clearly who does what when it comes to security and who prosecutes who in what situation hence we should empower and train our police officers and other officers who are mandated by the constitution to execute their mandate," said Ndolo.

The secretary said that the country has many well trained officers who have all the skills that are not utilized for the benefit of the country's good because of lack of equipments and support and hence that is what the government ought to do and not to deploy county commissioners who are seen in the eyes of many as liabilities and with vested political interests.

He cited the 2007 PEV where many administrators including DOs and DCs were seen desperately seeking for their security and that of their families which led to most of them running away from their areas of operation leaving the people they were employed to look after to take care of their own security at their own cost.

Ndolo has thus revealed that Jukwaa la Katiba will soon go to court to sue the 47 commissioners for adhering to an unlawful order to stay put in their offices against the constitution and a court ruling.

"In law, when one adheres to a bad order from his senior or boss is in the long run answerable to the breach of the law individually and thus the commissioners should take responsibility of defying the law by accepting to defy the law because they were ordered by one of their bosses”, he said.

He further accused the acting minister of internal security Yusuf Hajji for seeking the services of a lawyer Kibe Muigai from outside the government to act on behalf of the government yet such a mandate is solely supposed to be done by the attorney general.

Ndolo accused the president for insisting that the court ruling against the commissioners be appealed against hence indicating his lack of support and good will to have a free and independent judiciary.

He noted that the move did not augur well in the eyes of many Kenyans who wish to see their leader or head of state to be in the forefront to adhere to the laws of the country and rule of law but not the one to break them.

The workshop that brought together opinion leaders from different communities including former Mt Elgon MP Wilberforce Kisiero from the Sabaot community, former Maendeleo ya wanawake chairperson Zipporah Kitonyi among others from Luhya and Kalenjin communities saw the raising of matters pertaining resource sharing equitability and sharing of leadership positions among the 42 plus communities living in Trans Nzoia.

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