Lawyer Tom Ojienda for Mbooni MP Micheal Kisoli who filed the case in court is seeking to restrain the Commission and its commissioners from investigating or from taking any recommendation concerning or related to the suspension of the said county government.
BY SAM ALFAN.
High court has declined to stop a commission from investigating or inquiring into the row of Makueni County government.
Justice Mumbi Ngugi said it is in the interest of justice that all parties should be heard first. She said she did not see any urgency in the matter because the commission was appointed a month ago and parties should have filed the case then.
The Commission of Inquiry into the petition to suspend Makueni County government is set to commence their proceedings in Nairobi City County to investigate and inquire into the situation of Makueni County government today with a view to recommending suspension of the County.
The President in a gazette notice dated 10 March this year constituted the Commission of Inquiry into the petition to suspend Makueni County government, chaired by Mohammed Nyaoga and with Johnston Kavuludi, Emily Gatuguta, Harrison Maithya, Alice Wairimu, Taib Ali Taib as its commissioners.
Mbooni MP Micheal Kisoli filed the case in court seeking to restrain the Commission and its commissioners from investigating or from taking any recommendation concerning or related to the suspension of the said county government.
He also sought an order to quash the decision of the President contained in the Kenya gazette notice to constitute the commission of inquiry into the petition to suspend Makueni County government
Through Lawyer Tom Ojienda, Kisoli says the County government of Makueni has never undertaken any civic education in the Country to educate its residents and citizens on the contents and consequences of the petition before signing of the petition. He says the county government never facilitated the conduct of a local referendum among the residents and citizens in Makueni County on the petition before signing it.
“The county government has never set up the structures for public participation that would enable the residents and citizens in Makueni County present their views on the petition before signing it. It is inconceivable how the commission of inquiry expects the residents and citizens of Makueni County to effectively submit informed statements on the petition to suspend Makueni County whose contents they have never seen,” he says.
To date the commission has never published or publicized the actual petition that is the subject of their intended proceedings scheduled to commence as from Thursday 23 April to enable the residents and citizens of Makueni County understand the contents, purport and consequences of the petition and thereby effectively participate in the hearing of the petition.
“The people of Makueni are not sufficiently economically endowed, socially empowered nor do they have access to mainstream media. It is therefore a travesty of justice for the commission to fail to publish and publicize the actual petition that is the subject of their intended proceedings in public meetings held in Makueni County”
The case will be heard on May 24.