1. The Grand Coalition Government was not the national government contemplated in the Constitution particularly Section 17 of the Sixth Schedule. Hence could not purport to restructure the national government administration structures including appointing officers e.g. County Commissioners and others to serve in new arrangement provided for by the Constitution. Grand Coalition was Central not National government.
2. County governments were to be ushered vide a general elections. As far as elections had not be held devolved system of governance had not been established. Therefore the purported restructuring of national administration structures to ACCORD WITH and RESPECT devolved system of governance was premature and suspect.
3. Restructuring timeframe of provincial administration and other governance structures contemplated in the constitution is five years. Therefore, the hasty illegal appointments (without legal framework and Public service commission in place to appoint officers to new posts) was a strategy to either pre-empt or undermine establishment of effective democratic devolved system of governance enshrined in the Constitution. Evidence is on the ground and is demonstrable by the suspicious midnight amendment of the National Government Coordination Act that gives the national government control and ownership of the assets(but not liabilities) previously under the provincial and other administrative structures.
Solution
The Senate should urgently draft and enact cogent national sessional policy strategy consistent with Constitution underlying framework for the country’s new development and governance system. Secondly review already passed laws or otherwise to bring them in tandem with the Constitution and policy strategy. 5. It could also be advisable that Supreme Court asserts the vision and principles of devolved system of governance