mbuta
Full Member
Posts: 182
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Post by mbuta on Dec 15, 2011 14:06:55 GMT 3
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Post by kamalet on Dec 15, 2011 14:14:16 GMT 3
He should have taken the out of court option offered by the government!
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Post by falafulani on Dec 15, 2011 14:23:36 GMT 3
It will be wailing and gnashing of teeth for Mr. Miguna now henceforth.
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Post by b6k on Dec 15, 2011 14:27:30 GMT 3
No recourse left for the poor chap. Like the proverbial dog with a bone in it's mouth that saw its reflection in the water & tried barking at the "other" dog to get its bone, he's left with nothing. Out of court settlement would've at least left him with some funds.
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Post by Daktari wa makazi on Dec 15, 2011 14:59:51 GMT 3
Let us put issues in their context.
Miguna challenged the decision to suspend him by an action of judicial review. Judicial review is where the Court is asked to set aside a govt decision. The High Court has now said the govt had powers to suspend Miguna and will not set the suspension aside.
Miguna is still an employee of the govt, albeit suspended. He receives half pay while under suspension. He will therefore wait and go through disciplinary process which if he is unsuccessful may return a case to answer for gross misconduct and may result in his sacking. If that happens, he has the option to go to Industrial Court to challenge his sacking, where he may argue wrongful dismissal, or unfair dismissal.
Equally, the disciplinary process may find him innocent - no case to answer. That will mean he returns to his old job, unconditionally.
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Post by mzee on Dec 15, 2011 18:30:22 GMT 3
Could it be Raila manipulating the Judiciary   ? |
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Post by falafulani on Dec 15, 2011 19:11:29 GMT 3
Lose vs Loose
A lot of people are mixing up lose and loose. In particular, a lot of people are writing loose when they really mean lose. Here are the definitions of the two words from my Penguin dictionary:
loose [lOOs] adj not fastened or pre-packed; not tied up or confined; able to move freely; not tight, not firmly fixed; not close-fitting; careless, inaccurate, vague; dissolute, immoral; not closely woven; flabby; (of bowels) inclined to diarrhoea; l. box stable or van in which an animal can move about; at a l. end uncertain what to do next; unoccupied ~ loose adv in a loose way; play fast and l. behave rashly or unscupulously ~ loose n release; on the l. free from restraint; on a spree; ~ loose v/t untie, undo; release from confinement or constraint, set free; detatch; fire (gun); shoot (arrow); (eccles) absolve.
lose (p/t and p/part lost) [lOOz] v/t and i no longer have; be deprived of by accident or misfortune; mislay, fail to find; fail to get or win; be too late for; be bereaved of; waste; be defeated or beaten; suffer loss, become worse off; fail to hear, see or understand; cause or allow to perish; (of clock or watch) go too slowly; (refl) miss the right path; become absorbed in; l. one's head become flustered, panic; l. one's temper grow angry; l. one's way fail to find the right path; l. out (US) be defeated after a struggle.
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Post by abdulmote on Dec 15, 2011 21:25:33 GMT 3
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mbuta
Full Member
Posts: 182
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Post by mbuta on Dec 15, 2011 21:27:19 GMT 3
Fulani,
Really thanks for the grammatical corrections. I appreciate it. Keep it up..
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Post by falafulani on Dec 15, 2011 21:48:06 GMT 3
Mbuta,
You are welcome big fish!
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Post by phil on Dec 15, 2011 22:27:13 GMT 3
For me that sums it.
A lot of water has passed under the bridge during which time Miguna has thrown tantrums, insulted his political employer and literally bitten the hand that fed him and gave him his lofty office.
There is simply no chance in hell Miguna will be 'reinstated at the PM's office unconditionally'.....unless Miguna comes back down to earth and appreciates that there are those who can be right and he can be wrong!!
In any case allegations that he is now on the payroll of Camp Uhuru continue to dominate the grapevine. Has he done anything to convince us otherwise?
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Post by morimax on Dec 15, 2011 23:29:29 GMT 3
Reality has been setting at least. Thats the reason our learned freind MM has been quiet of late. Its time to internalise the issues. The good thing he has not been killed yet, he is still alive. He will be paid his dues when the process is over by 30th December.
The bad thing he might end up being redundant and pushed a side further.
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Mukwhasi
Full Member
Justice will live on ..
Posts: 180
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Post by Mukwhasi on Dec 16, 2011 3:28:56 GMT 3
Miguna who? say that again.......
People have already forgoten who Miguna*2 is and the media in typical fashion has given him a well orchastrated blackout,now only the little known "people" newsaper can dare publish Miguna's thoughts.
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man
Junior Member
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Post by man on Dec 16, 2011 5:23:45 GMT 3
He should have taken the out of court option offered by the government! Some of us saw this ruling coming from 10 miles away and I have actually been vindicated because the judge used the same arguements that I raised during the earlier discussion (even to the point of being thrown out of the forum for pointing out Miguna for who he is). As for the out of court settlement, this came up after Miguna realized that the did not hav a case to begin with so he was looking for a fall back plan. I'm glad the government did not fall for that crap. |
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Post by b6k on Dec 16, 2011 6:23:25 GMT 3
Sadik, so MM can continue dragging this matter through the courts & ensure he gets half his salary throughout the process. Nice!
At least he was smart enough to hire a lawyer & not represent himself. He may end up seeing all his monies trickle into legal fees, & possibly even court costs, though.
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Post by Luol Deng on Dec 16, 2011 9:32:40 GMT 3
It was clear from the word go that Miguna "My nimble tongue & potent brain" Miguna was chasing after shadows. It is a pity that he was oblivious to the fact. But as I said before, good riddance.
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Post by sageman on Dec 16, 2011 12:48:46 GMT 3
Now he should ship off to Canada.
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Post by Onyango Oloo on Dec 16, 2011 13:46:12 GMT 3
For me that sums it. A lot of water has passed under the bridge during which time Miguna has thrown tantrums, insulted his political employer and literally bitten the hand that fed him and gave him his lofty office. There is simply no chance in hell Miguna will be 'reinstated at the PM's office unconditionally'.....unless Miguna comes back down to earth and appreciates that there are those who can be right and he can be wrong!! In any case allegations that he is now on the payroll of Camp Uhuru continue to dominate the grapevine. Has he done anything to convince us otherwise? Greetings. I love your interventions on Facebook and thanks to your work, Jukwaa is getting a higher profile on that social network. But today, I want to sound a discordant note to your posting above. It is fashionable in some quarters to kick a person in the teeth when they are down, thinking that s/he will never ever get up, wipe off the mud slung at him/her and bounce back to life. Sometimes I feel very sad to witness the mean spirited jibes and tirades emanating from this board. Miguna may have lost a skirmish in what could be a long drawn out war. So please do not be so quick to rub your hands in glee just because he has been given a body blow hurling him to the canvass in round three of a twelve round boxing bout. As for me, I want to go back and revisit the genesis of this civil suit. Miguna, a joint secretary for inter-coalition affairs and political advisor to the Prime Minister came back from Canada where he had gone to pick some of his kids to join him during their summer holiday to find instructions from his boss, the PM, to immediately depart for an ODM retreat in Naivasha. He dutifully complied. In the middle of that meeting, he gets an sms from the PRESS asking HIM to "confirm" that he has been suspended from his job! Of course he was totally unaware of such a development. He tried to contact the PM but could not get through. He kept trying and finally he managed to get hold of Dennis Onyango, at that time in charge of communications who indicated he was in Kisumu with the PM and that he (Dennis) was totally unaware of any suspension. After being bombarded with phone calls, Miguna decided to come back to his base in Nairobi to find out more about this alleged suspension. He found the locks to his office changed, imprisoning his personal effects inside; when he arrived at his residence he found the Administration Police detailed to guard him and his home withdrawn and gone. In the meantime, no official communication from the Prime Minister. Instead he finds himself expected to react to allegations of harassment, abusive language etc hurled at him via the media. And even more disconcerting, the likes of my fellow Gem mate, Jakoyo Midiwo preening before the television cameras and the radio microphones pontificating on Miguna's fate. Mark you, Mr. Midiwo does not work in the Office of the Prime Minister, nor is he an appointed emissary of the President- the two individuals who can be properly considered to be Miguna's bosses. It must be underscored that the media wars were not kicked off by Miguna. He was just reacting to what I consider to be an underhanded media smear campaign orchestrated by individuals in the Prime Minister's office led by the Permanent Secretary Mr. Isahakia and a bunch of spineless Yes Men from the ODM party. What recourse was Miguna left with in the light of the stonewalling and lack of communication from the Rt. Hon. Prime Minister Raila Odinga? Even the most humble foot messenger deserves to be told why his services are no longer required. What would it have cost the Prime Minister for summoning Miguna to his office and telling him directly to his face that he had been suspended? To date, Miguna has not been furnished with the details of the charges against him. Who was Miguna harassing? Which staff members was he allegedly subjecting to verbal abuse? What were specific instances where Miguna was misrepresenting the Prime Minister? Is there any written evidence in the public or private domain which can be used to corroborate these potentially defamatory accusations? What is the locus standi of the ODM Chief Whip and a motley crew of sycophantic Luo MPs in a matter which strictly speaking should be an internal disciplinary process within the Grand Coalition Government? What is all this braying and baying for Miguna's blood from forces which do not brook any dissent? I have respected Judge Warsame's other rulings but this one on Miguna defies logic and makes one wonder if the good judge was acting of his own free will when he made the controversial verdict. So if Miguna was the personal appointee of Mwai Kibaki, how about Muthaura, Isahakia, the various ambassadors and others appointed to the statutory boards and so on? Who was paying Miguna Miguna? Mwai Kibaki? Raila Odinga? Why would an alleged "personal appointee" of a high profile individual be driven around in GK vehicles and guarded around the clock by Kenya Police officers? And even if it were true (and it is not) that Miguna was the personal valet of Mwai Kibaki or the butler of Raila Odinga, does he not, as a Kenyan citizen living and working in a nation governed by the recently promulgated constitution, have rights under that very constitution? Don't his alleged "personal employers" have obligations to observe the rule of law? Does Miguna deserve due process or not? Is he entitled to a hearing so that he can defend himself against all these unsubstantiated accusations? Should the courts and the public hear Miguna's side of the story? Where is the evidence that Miguna "prevented" the Prime Minister or his PS from investigating or instituting charges against the former political advisor to the Prime Minister? Miguna has strong opinions on many subjects and I do not expect everybody to like him. That is a separate matter from recognizing the injustices perpetrated against him. It seems that the old KANU era mentality of sycophancy, fear and self imposed censorship is still very much with us. Very regrettable. Onyango Oloo
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Post by Onyango Oloo on Dec 16, 2011 14:08:24 GMT 3
Now he should ship off to Canada. Why? Have you displaced Miguna from his native Kenya? With all the IDPs languishing in those rain battered camps, why would you want to add to their numbers? Onyango Oloo
Nairobi |
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Post by Onyango Oloo on Dec 16, 2011 14:10:14 GMT 3
But as I said before, good riddance. All I can say to that is- Wow.Onyango Oloo
Nairobi |
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Post by Onyango Oloo on Dec 16, 2011 14:14:07 GMT 3
He should have taken the out of court option offered by the government! Correction. It was not the government which came up with an out of court option to Miguna. It was the other way round. Onyango Oloo
Nairobi |
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Post by Onyango Oloo on Dec 16, 2011 14:16:07 GMT 3
It will be wailing and gnashing of teeth for Mr. Miguna now henceforth. Really? Is that so? Onyango Oloo
Nairobi |
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Post by Onyango Oloo on Dec 16, 2011 14:17:56 GMT 3
No recourse left for the poor chap. Like the proverbial dog with a bone in it's mouth that saw its reflection in the water & tried barking at the "other" dog to get its bone, he's left with nothing. Out of court settlement would've at least left him with some funds. So Miguna is like the "proverbial dog" eh? Onyango Oloo
Nairobi |
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Post by Onyango Oloo on Dec 16, 2011 14:20:43 GMT 3
Let us put issues in their context. Miguna challenged the decision to suspend him by an action of judicial review. Judicial review is where the Court is asked to set aside a govt decision. The High Court has now said the govt had powers to suspend Miguna and will not set the suspension aside. Miguna is still an employee of the govt, albeit suspended. He receives half pay while under suspension. He will therefore wait and go through disciplinary process which if he is unsuccessful may return a case to answer for gross misconduct and may result in his sacking. If that happens, he has the option to go to Industrial Court to challenge his sacking, where he may argue wrongful dismissal, or unfair dismissal. Equally, the disciplinary process may find him innocent - no case to answer. That will mean he returns to his old job, unconditionally. Thank YOU for being a principled island in a sea of haters frothing at the mouth. Onyango Oloo
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Post by Onyango Oloo on Dec 16, 2011 14:22:31 GMT 3
Could it be Raila manipulating the Judiciary ? Are you being sarcastic by any chance? Onyango Oloo
Nairobi |
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