Where Does Raila Get the Power To Order Public Servants?

African Union Higher Representative for Infrastructure.

Orange Democratic Movement(ODM) party leader Raila Odinga, On Saturday, visited Mombasa county specifically at the Indian Ocean in Likoni to asses the ongoing rescue operations.

This is after a mother and daughter plunged into the lake and operations to recover the bodies have turned fruitless.

The African Union Higher Representative for Infrastructure ordered the halt of Likoni dredging exercise at the Ocean, saying the process was hampering recovery efforts.

“I want to give an order here that the dredging works stop immediately so that those who are working here can work without interference,” said Raila.

Though the Nasa leader confirmed that he was there as the AU High Representative for Infrastructure, more questions call for answers regarding the source of his power in such a scenario.

According to beleaguered Advocate of the High Court of Kenya, Miguna Miguna, Raila’s order is baseless.

“Cheap and empty propaganda. Raila Odinga has zero power to order any public servants to do or stop doing anything.
 Of course, such desperate propaganda is intended to excite sycophants. But they add no value to public discourse, nor would do they capacitate the inept Kenya Navy,” said Miguna.
Lawyer Miguna Miguna.
The lawyer argues that the constitution is very clear on that and added that such a move amounted to an abuse of power.
“The Constitution and laws don’t allow anyone outside the institutions of state and government -even if illegitimate like Uhuru Kenyatta’s – to order any public servant to do or not to do anything. That would be worse than an abuse of power,” said the Lawyer. 
According to the Kenyan constitution, Civil servants fall under the Public Service Commission which is an Independent government Commission established under the Constitution of Kenya to manage human resources in the Kenya Civil Service and the Local Authorities.
In addition, relevant authorities within the service have been mandated with the responsibility of coordinating activities and directing a course of action.


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