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Post by adongo23456 on May 14, 2011 18:45:49 GMT 3
Job,
Besides the mediocrity of the nominees, who on earth nominated these fellows? How transparent was the system of vetting and determining who is the better candidate of the obviously useless characters? Kenyans need to look at the system that gave us these fakes so as to see what is inherently wrong with it.
Fortunately Kenyans are witnessing two different systems of nominations. The good and the ugly. I think we need to know how the ugly works so may be something can be done.
As I said I have zero expectations on the prosecutorial aspect of our legal system. It will continue to serve the interests of impunity as long as the executive serves the same purpose.
There are three branches of state power and governance. The executive, the judiciary and the legislature. The prosecutorial arm of government is part of the executive authority of the state. If the thieves, the corrupt and those who commit crimes against humanity run the executive, they will control the prosecutorial wing. So let them have their toys. It will be up to Kenyans to change the executive, come the elections.
Do we need a good and honest DPP etc? Yes we do. Will we get one at this point in time? No we wont.
And the struggle continues. At least the country will not be stuck with Ruto's Kilo Kumi as the DPP, but I don't see much difference. It doesn't surprise me one bit.
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Post by job on May 14, 2011 18:55:48 GMT 3
Job, Besides the mediocrity of the nominees, who on earth nominated these fellows? How transparent was the system of vetting and determining who is the better candidate of the obviously useless characters? Kenyans need to look at the system that gave us these fakes so as to see what is inherently wrong with it. Fortunately Kenyans are witnessing two different systems of nominations. The good and the ugly. I think we need to know how the ugly works so may be something can be done. As I said I have zero expectations on the prosecutorial aspect of our legal system. It will continue to serve the interests of impunity as long as the executive serves the same purpose. There are three branches of state power and governance. The executive, the judiciary and the legislature. The prosecutorial arm of government is part of the executive authority of the state. If the thieves, the corrupt and those who commit crimes against humanity run the executive, they will control the prosecutorial wing. So let them have their toys. It will be up to Kenyans to change the executive, come the elections. Do we need a good and honest DPP etc? Yes we do. Will we get one at this point in time? No we wont. And the struggle continues. At least the country will not be stuck with Ruto's Kilo Kumi as the DPP, but I don't see much difference. It doesn't surprise me one bit. You must have missed the panel list I provided above that nominated these fellas in the first place - locking out well qualified folks with integrity. The panel comprised: COTU's Francis Atwoli (illiterate), PS Kimemia (PNU), PS Amina Mohamed (PNU), Caroli Omondi (PM's office), LSK’s Kenneth Akide (PNU hireling) and LSK's Florence Kajuju. From scanning that panel, are you surprised at the outcome?
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Post by nalinali on May 14, 2011 19:33:52 GMT 3
Job, Besides the mediocrity of the nominees, who on earth nominated these fellows? How transparent was the system of vetting and determining who is the better candidate of the obviously useless characters? Kenyans need to look at the system that gave us these fakes so as to see what is inherently wrong with it. Fortunately Kenyans are witnessing two different systems of nominations. The good and the ugly. I think we need to know how the ugly works so may be something can be done. As I said I have zero expectations on the prosecutorial aspect of our legal system. It will continue to serve the interests of impunity as long as the executive serves the same purpose. There are three branches of state power and governance. The executive, the judiciary and the legislature. The prosecutorial arm of government is part of the executive authority of the state. If the thieves, the corrupt and those who commit crimes against humanity run the executive, they will control the prosecutorial wing. So let them have their toys. It will be up to Kenyans to change the executive, come the elections. Do we need a good and honest DPP etc? Yes we do. Will we get one at this point in time? No we wont. And the struggle continues. At least the country will not be stuck with Ruto's Kilo Kumi as the DPP, but I don't see much difference. It doesn't surprise me one bit. Adongo and Folks The caliber of the DPP nominations in my view vindicates the fears I expressed on another thread about the correctness of Willy's nomination being instrumentalized to blindside Kenyans from seeing the swarming mediocrity of the other appointments. Willy may be good as a front that changes in the judiciary have taken a turn for the better, only to be outflanked by individuals beholden to regnant judicial morass. It is good you raise the question of who indeed was in the panel that nominated these three. This question needs serious answers. It should shock Kenyans that Keraiko even made it to the top three. Dorcas as likable as she is, has supped with the lords of the status quo as to be effective. There is no Cutting edge in these nominations and they should be rejected.
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Post by adongo23456 on May 14, 2011 19:47:47 GMT 3
Job, Besides the mediocrity of the nominees, who on earth nominated these fellows? How transparent was the system of vetting and determining who is the better candidate of the obviously useless characters? Kenyans need to look at the system that gave us these fakes so as to see what is inherently wrong with it. Fortunately Kenyans are witnessing two different systems of nominations. The good and the ugly. I think we need to know how the ugly works so may be something can be done. As I said I have zero expectations on the prosecutorial aspect of our legal system. It will continue to serve the interests of impunity as long as the executive serves the same purpose. There are three branches of state power and governance. The executive, the judiciary and the legislature. The prosecutorial arm of government is part of the executive authority of the state. If the thieves, the corrupt and those who commit crimes against humanity run the executive, they will control the prosecutorial wing. So let them have their toys. It will be up to Kenyans to change the executive, come the elections. Do we need a good and honest DPP etc? Yes we do. Will we get one at this point in time? No we wont. And the struggle continues. At least the country will not be stuck with Ruto's Kilo Kumi as the DPP, but I don't see much difference. It doesn't surprise me one bit. Adongo and Folks The caliber of the DPP nominations in my view vindicates the fears I expressed on another thread about the correctness of Willy's nomination being instrumentalized to blindside Kenyans from seeing the swarming mediocrity of the other appointments. Willy may be good as a front that changes in the judiciary have taken a turn for the better, only to be outflanked by individuals beholden to regnant judicial morass. It is good you raise the question of who indeed was in the panel that nominated these three. This question needs serious answers. It should shock Kenyans that Keraiko even made it to the top three. Dorcas as likable as she is, has supped with the lords of the status quo as to be effective. There is no Cutting edge in these nominations and they should be rejected. job,In which case this matter should be immediately taken back to court. The courts have already ruled that in order to conform to the constitution of the republic these specific appointments had to be done in a competitive and transparent manner. All we know is that the job was advertised, names were shortlisted and there is nothing in the public domain that interviews have been held. If the interviews were held in camera, are there records of such interviews? If so are they available to the public? If not, why? Has the panel as much as bothered to inform the public on how the process was proceeding? Has the panel held media briefings to communicate what was going on in the process of nomination? All we know is that an announcement was made about three names nominated? How were those names arrived at? I think this is a breach of the court ruling that forced Kibaki to withdraw his earlier forced nominations. Kenyans should reject it. There is no doubt in my mind that Kenyans are going to voice their anger at this new attempt to ridicule the law on public appointments in the office the DPP. They want to use the CJ nomination as a cover up. Shame on them. adongo
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Post by einstein on May 14, 2011 19:53:02 GMT 3
Given that many good people refused to apply for this post, we cannot really blame the panel that did the shortlisting. They had to work with what they had viz. the mediocre field of applicants.
My question is, why was this post not attractive to brilliant brains and reformers out there? For some reason, people just did not want this job!?
As such, my wish from the list of three is Dorcas Oduor. This is good for gender-balance given that the CJ post is Willy's to take home!
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Post by job on May 14, 2011 20:14:02 GMT 3
Given that many good people refused to apply for this post, we cannot really blame the panel that did the shortlisting. They had to work with what they had viz. the mediocre field of applicants. My question is, why was this post not attractive to brilliant brains and reformers out there? For some reason, people just did not want this job!? As such, my wish from the list of three is Dorcas Oduor. This is good for gender-balance given that the CJ post is Willy's to take home! Very many good people of integrity and impecabble credentials applied - but were rejected at the door. Case example - Otiende Amollo. In my view, Dorcas Oduor is much steeped in the institutionalized rot (in the Dept) than Patrick Kiage.
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Post by roughrider on May 14, 2011 20:19:40 GMT 3
I have now gone through this post from the beginning.
I am willing to be pleasantly surprised by people who we thought were pliant status ‘quoists’ changing colors. Jobs wholesale dismissal of folks who came through the AG chambers as State Counsel seems a bit unfair. These people could surprise us. Jukwaa is often too pessimistic.
From what I hear not enough folks with the right credentials and qualifications applied for DPP. It was the same case with the CJ position: Of all the CJ applicants only Willy Mutunga had a very different pedigree: where were the other reform minded people? Why did they NOT apply in numbers?
This situation is rather like women lamenting that they are too few in key positions and then none applies when specifically asked!
But the few reform-minded folks who applied for DPP were weak candidates. People like Otiende Amollo could not have hoped to get anywhere when their litigation CV is appalling. Being well spoken in public like PLO is not a substitute for great prosecutorial work. Heck even lawyers who have never argued in court suddenly wanted to be prosecutors!
And what was wrong with Justice Nicholas Ombija applying for every available position? Is this man crazy? What did he want more: to be CJ or DPP? That is the easiest way to lose all of them! I think he may be overestimating his intelligence.
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Post by roughrider on May 14, 2011 20:25:01 GMT 3
Very many good people of integrity and impecabble credentials applied - but were rejected at the door. Case example - Otiende Amollo. The DPP will be prosecuting criminals. Most of the time. What 'impeccable credentials' in criminal prosecutions/defense does Mr. Otiende Amollo boast? Job, please do enlighten us further. Besides, Mr. Amollo has betrayed political ambition which makes him singularly unsuited for public prosecution.
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Post by kamalet on May 15, 2011 11:15:41 GMT 3
One of the things many Kenyans complained about prior to the new constitution was the over-concentration of power in certain offices or even an all too powerful president who will now be checked by parliament in most things that he does.
That is the richness of our constitution that it has purported to create structures that will provide the sufficient checks and balances. The problem we have is that after the 2012 elections we will still be stuck with the same monkeys that lord it over us today and some of whom were collaborators with hineous regimes. For instance why would anyone want to trust say Justice Kihara or even Tobiko if their crime is participating or working with establishment characters? And if you have a problem with them, why should you entertain Dalmas Otieno as a minister today when he also served Moi diligently?
The criminalisation of past service to Kenya under am unpopular president will hurt many but will also come back to haunt the same people.
Which is why I would much prefer to see whoever takes up a role as a state officer remains true to the constitution on the responsibilities it grants that person. After all the same document does have sufficient checks for misbehaviour in office.
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Post by phil on May 15, 2011 12:21:31 GMT 3
You must have missed the panel list I provided above that nominated these fellas in the first place - locking out well qualified folks with integrity. The panel comprised: COTU's Francis Atwoli (illiterate), PS Kimemia (PNU), PS Amina Mohamed (PNU), Caroli Omondi (PM's office), LSK’s Kenneth Akide (PNU hireling) and LSK's Florence Kajuju.
From scanning that panel, are you surprised at the outcome? How did Francis Atwoli of all people end-up being the chairperson beyond being a member of this panel? This country is just doomed!
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