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Post by adongo23456 on Jun 5, 2012 1:52:27 GMT 3
We have said here before and let's say it again. Chapter Six of the constitution may cause more pain to the merchants of impunity than anything else. The M.Ps think they can play poker with it in parliament. May be they can but that won't help much. My position remains that any thug, crook, mass murderer or rapist and even serial killers can ran for office, but under Chapter Six they can't hold any. That is coming. Now let the wailing begin about an "activist Chief Justice"! Also the Independent Police Oversight Authority is in place. I like a lot of the folks in that team. Now let's take to them all the complaints we have about specific police actions. But here is what the CJ thinks: www.standardmedia.co.ke/?articleID=2000059303&story_title=Mutunga-warns-leaders-against-integrity-issuesMutunga warns leaders against integrity: By Isaiah Lucheli The Judiciary will stand firm and ensure leaders who fail to meet the threshold of integrity as set out in the Constitution are not considered for public office. Chief Justice Dr Willy Mutunga, who is also the President of the Supreme Court and the one who will swear in Kenya’s fourth President made the fearless pronouncement yesterday, warning that the courts will not shy away from defending the spirit and letter of the Constitution. Saying he would forever fight “in the trenches of reform”, Mutunga dismissed claims by a section of lawyers, MPs and political leaders that Chapter Six of the Constitution on leadership and integrity stands suspended until a Bill is passed to implement it.Addressing newly sworn members of the Independent Police Oversight Authority (IPOA), Mutunga told them not to expect a smooth transition when they begin discharging their mandate. “You will meet numerous opposing forces, intimidation and obstacles but I urge you to take up the challenge, do not be intimidated discharge your duty without fear as the country is counting on you,” he saidThe CJ’s words came on the back of his startling revelation that unknown people threatened him for refusing to be influenced by vested political interests. “I have faced threats and intimidation in my resolve to reform the Judiciary and fight for justice for all, but I have come to realise that the challenges that I have encountered have energised me. I have to be in the trench of reforms,” he said.Chapter sixThe CJ promised to ensure that the courts uphold Chapter Six of the Constitution to weed out individuals who do not meet integrity and leadership standards. His strong statement renewed the hopes of millions of Kenyans who have feared the worst, as Parliament and the Executive remain divided over Chapter Six of the Constitution that touches on leadership and integrity of public officials.The CJ was emphatic that the courts must be seen to uphold the spirit of the Constitution when it comes to interpreting Chapter Six, which he warned could still be used to vet those seeking leadership positions. Mutunga said the Constitution must be upheld and followed to the letter by the courts to ensure that people seeking to lead are held accountable, and those who fail integrity and leadership thresholds are not appointed or elected to public offices. He explained that the vetting of public servants is a prerequisite in restoring public confidence and reforming the institutions. Among other things, Chapter Six of the Constitution demands that State officials bring honour and dignity to the office and promote public confidence in the integrity of the office.Mutunga said Chapter Six is adequate despite the fact that Parliament is mandated to establishing procedures and mechanisms for its effective administration. Speaking in Nairobi, Mutunga reminded public servants and individuals seeking elective positions that they would be vetted before taking up any key positions. “Chapter Six of the Constitution will be used to vet all those seeking public office and they must, therefore, meet all the requirements,” said Mutunga. The Judiciary and Kenya Police, said Mutunga, have been branded the most corrupt institutions because of officials who create obstacles and frustrate reforms so as to continue benefiting from corruption at the expense of service delivery to the people.The CJ disclosed that the various organisations spearheading reforms in various arms of government would be brought together when a board is formed to ensure that they can share on their progress. OptimismThe Chairman of the authority Macharia Njeru expressed optimism that members of the board were well equipped to discharge their mandate diligently and effectively. He noted that the National Police Service Commission (NPSC) had not been put in place but added that the authority would be able to start its work immediately. “We in IPOA are aware of the enormity of challenges ahead of us. As we applied for these positions, we knew what we were getting ourselves into. To us is a simple task of holding the police accountable for their actions at all times,” said Njeru.The chairman said although the force is in dire need of reforms, it is not an excuse for them to engage in corrupt and unethical practices, professional misconduct and crime.One of the raging debates in the country centres on whether four Kenyan suspects facing trial at The Hague over crimes against humanity can run for public office. Two of the four, Deputy Prime Minister Uhuru Kenyatta and Eldoret North MP William Ruto as well as their lawyers and supporters insist that the law does not bar them from running unless they are convicted in court. Last week Former Ethics and Ant-Corruption PS John Githongo appealed to Uhuru and Ruto to abandon their presidential ambitions for the sake of peace. Bizarre“It would be bizarre for the two, who are facing crimes against humanity charges at the International Criminal Court to vie for the presidency,” said the Githongo. But in a rejoinder, Uhuru’s communications director, Mr Munyori Buku said Mr Githongo was entitled to his opinion but should distinguish fact from opinion. “We fought for a new Constitution so that we that cannot be ruled by the whims of the Githongo’s but the dictates of law and therefore Mr Kenyatta will run for president,” said Buku. A section of civil society has also urged the two not vie for the presidency until their cases are determined at The Hague.
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Post by johns on Jun 5, 2012 2:27:07 GMT 3
AO,
I only worry for his life, these merchants and purveyor of impunity know no bound and its incumbent upon the CJ to start taking these threats seriously. Just a fortnight ago, the Distinguished Professor of Law, Makau Mutua penned down an opinion agonizing about the plots to silence our CJ and what that would mean if it were to come and pass.
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Post by kamalet on Jun 5, 2012 9:46:28 GMT 3
I would have ben a lot happier with the CJ articulating all this integrity stuff sitting on the bench rather than at any given public opportunity. The only reason of concern being when a request for him disqualifying himself for previous comments he has made in public when a matter on integrity is presented to his court.
Mutunga can make all comments at the independence of his arm of government, but I would much prefer he articulates his legal views in court.
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Post by roughrider on Jun 5, 2012 10:33:00 GMT 3
I would have ben a lot happier with the CJ articulating all this integrity stuff sitting on the bench rather than at any given public opportunity. The only reason of concern being when a request for him disqualifying himself for previous comments he has made in public when a matter on integrity is presented to his court.Mutunga can make all comments at the independence of his arm of government, but I would much prefer he articulates his legal views in court. I see the reasoning here. But precedent elsewhere does not support your contention. I am glad you agree with the strict interpretation of Chapter 6. For Mutunga and other judges to speak from the bench, cases have to work their way up. But nothing precludes them from making public comments about some issues, especially when done responsibly. In the US for instance, SCOTUS judges sometimes give speeches on various issues of public life and policy. Besides, they are appointed into office, having previously lived public lives. They do not recuse themselves at all. But Willy Mutunga is not just a supreme court judge, he is the Chief Justice. This makes him a leader and role model.
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Post by kamalet on Jun 5, 2012 10:57:00 GMT 3
I would have ben a lot happier with the CJ articulating all this integrity stuff sitting on the bench rather than at any given public opportunity. The only reason of concern being when a request for him disqualifying himself for previous comments he has made in public when a matter on integrity is presented to his court.Mutunga can make all comments at the independence of his arm of government, but I would much prefer he articulates his legal views in court. I see the reasoning here. But precedent elsewhere does not support your contention. I am glad you agree with the strict interpretation of Chapter 6. For Mutunga and other judges to speak from the bench, cases have to work their way up. But nothing precludes them from making public comments about some issues, especially when done responsibly. In the US for instance, SCOTUS judges sometimes give speeches on various issues of public life and policy. Besides, they are appointed into office, having previously lived public lives. They do not recuse themselves at all. But Willy Mutunga is not just a supreme court judge, he is the Chief Justice. This makes him a leader and role model. RR What would the public reaction be if a SCOTUS justice made a comment on legal interpretation or took a stand on the legality of Roe Vs Wade....? Talking reforms, reducing cases, building fancy court rooms etc...that is what I want to hear from Mutunga on tv...but I shudder everytime he decides he can make a public legal interpretation especially when this is unsolicited!
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Post by stibin on Jun 5, 2012 12:16:35 GMT 3
Fighting impunity will not be easy as long as we have a president who not only lacks commitment to fight it but has occasionally acted to abet it. I am sure the man I am talking about is aware that masters of impunity are all over around him but has chosen to play it safe by doing nothing. Just like his predecessor he leaves behind a heap of unresolved issues; Mungiki extra judicial murders, Arturs saga, glad regency , triton,.. to mention a few plus new ones can't be ruled out.
Already there are signs that soon a major act of impunity, which has its roots in the highest office, will unfold. Those who have been following the calculated moves aimed at beating ICC know what I am talking about. I am afraid these people will try everything to stop Mutunga.
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Post by kamalet on Jun 5, 2012 12:36:43 GMT 3
Fighting impunity will not be easy as long as we have a president who not only lacks commitment to fight it but has occasionally acted to abet it. I am sure the man I am talking about is aware that masters of impunity are all over around him but has chosen to play it safe by doing nothing. Just like his predecessor he leaves behind a heap of unresolved issues; Mungiki extra judicial murders, Arturs saga, glad regency , triton,.. to mention a few plus new ones can't be ruled out. Already there are signs that soon a major act of impunity, which has its roots in the highest office, will unfold. Those who have been following the calculated moves aimed at beating ICC know what I am talking about. I am afraid these people will try everything to stop Mutunga. I think you are on the wrong thread!
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Post by stibin on Jun 5, 2012 13:46:05 GMT 3
Fighting impunity will not be easy as long as we have a president who not only lacks commitment to fight it but has occasionally acted to abet it. I am sure the man I am talking about is aware that masters of impunity are all over around him but has chosen to play it safe by doing nothing. Just like his predecessor he leaves behind a heap of unresolved issues; Mungiki extra judicial murders, Arturs saga, glad regency , triton,.. to mention a few plus new ones can't be ruled out. Already there are signs that soon a major act of impunity, which has its roots in the highest office, will unfold. Those who have been following the calculated moves aimed at beating ICC know what I am talking about. I am afraid these people will try everything to stop Mutunga. I think you are on the wrong thread! I think you would be happier to waste time on whether it is right for Mutunga to discuss integrity issues in public. I am aware this thread is about 'chapter six' and integrity but I think it is ok to digress a little to discuss impunity (which is more or less the opposite of integrity)
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Post by kamalet on Jun 5, 2012 14:20:39 GMT 3
I think you are on the wrong thread! I think you would be happier to waste time on whether it is right for Mutunga to discuss integrity issues in public. I am aware this thread is about 'chapter six' and integrity but I think it is ok to digress a little to discuss impunity (which is more or less the opposite of integrity) ..as they say, when you fall into a hole...stop digging.
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Post by stibin on Jun 5, 2012 14:42:32 GMT 3
..as they say, when you fall into a hole...stop digging. I’ve stopped digging but the point you refuse to see is that impunity and skewed political interests among some people near the president will somehow derail implementation of chapter 6.
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Post by OtishOtish on Jun 5, 2012 17:19:04 GMT 3
...but I shudder everytime he decides he can make a public legal interpretation especially when this is unsolicited! Given the rot that has long existed in our judiciary, people are looking for Mutunga to provide leadership on a new path. He will not provide that if he waits for things to be "solicited". Fortunately, he'd rather go ahead and let your sort shudder all you want.
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Post by kamalet on Jun 5, 2012 17:30:18 GMT 3
...but I shudder everytime he decides he can make a public legal interpretation especially when this is unsolicited! Given the rot that has long existed in our judiciary, people are looking for Mutunga to provide leadership on a new path. He will not provide that if he waits for things to be "solicited". Fortunately, he'd rather go ahead and let your sort shudder all you want. Otishotish I have no problem him actually saying these things to end the so called impunity. But I much prefer that he does not run Street Court for Kenya!
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Post by akinyi2005 on Jun 5, 2012 18:04:29 GMT 3
I view what Mutunga is doing as part of the badly needed civic education. whether he does it sitting on the bench or 'publicly in his private' capacity' doesn't matter as long as the message hits home. baraza was hounded out of office for what she did 'publicly as a private' citizen? so yes, we do keep tabs on what they say and do in and out of the office.
our politicians are doing what they love best - lie and create confusion among their supporters who probably know nothing about chapter six, leave alone the fact that we now have a new constititution. i have in mind the two very determined ICC indictees gunning for the presidency, what would happen should one of them clinch it?
We need more Willy Mutunga's who fearlessly do what needs to be done.
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Post by nereah on Jun 5, 2012 18:56:02 GMT 3
unedited
i hold the radical view that this 'proclamation by willy is nothing but intimidation of the judges which he told us the other day that he has no sway over.
i want to imagine that there is a corresponding memo to judges and magistrates to this effect or they will abide by the publicized soundbites.
on my way to jukwaa i read word by word the speech he gave the other day at an official judicial function in nairobi, a speech that was published in full in the weekend star.it was high sounding, plausible, academic, bold and at best a battle cry.but the nereah in me stubbornly refuse to be carried along.
as i have stated elsewhere before i have a prejudiced view on mutunga. i don't have the energy to lift up that big moral brush and paint mutunga with integrity colours but i have the courage and to withhold my support and goodwill from him until he clears the air on his parley with the father of impunity in kenya,whose misrule kenyans are yet to completely extricate from.
i must also admit my prejudiced view on willy regarding the torment that his able deputy, my dear sister nancy baraza ;Dunderwent under his watch as the boss of kenyan judiciary.
conspiracy theory that has been out-rightly dismissed here in jukwaa is that willy was never a candidate for the wielder of power in kenya today.
according to this school of thought willy elevation was not only a set up for him but meant to hoodwink the western audience at a time kalonzo the musyoka was doing the shuttle diplomacy.
the talk was that willy would be set up(as is believed with moi's parley-- which to some is worse than the perceived indiscretion of sister nancy) and be hounded out of office in the fashionable manner.
but the status quoists whom he seems to taking an aim at,it is alleged, were of the view that getting rid of him before kicking out nancy, would be counterproductive since nancy is much younger and tougher. with nancy gone,someone who could let the judiciary look the other side while such intransigence and impunity that willy is making noise of are aided and abetted,takes the seat.
of course i don't subscribe fully to this imagination and theory but all i care for now is the small dent in willy's reform credential caused by the suspicious embrace with moi who any reformist worth his salt should avoid like a plague.
i am saying willy like the amos wakos,justice waki,yash pal ghai,mutula kilonzo, kiraitu murungi,sister martha karua,jim orengo,koigi wamwere et al is on a futile mission.
i may be wrong, as usual
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Post by jakaswanga on Jun 5, 2012 19:21:17 GMT 3
There are heavy manoeuvres in the background to water down the integrity clause which actually is a public office career-killer for many. I remember some MP, Mutavi Musyimi I think, just saying a few weeks ago: 'we have the numbers; we will just amend the law, and do away with the things we do not like!'
In the silence of the news-makers, that is the presidential candidates who hold rallies every weekend, there appears to me to be a vacuum for a personality of high office to take a stand and articulate a different thinking on these grave issues. I am happy Mutunga springs into the ring. There is no moral leadership within the public service, I welcome any volunteer.
There is a time Speaker Marende took upon himself the role of Solomon and elder statesman, whenever Raila and Kibaki displayed their political adolescence by no longer talking, and in this role he managed to endear himself to the populace because he articulated their hopes. Then Marende's mind hit some .. iceberg, and has been limping and sinking ever since. I am glad there is a last man remaining holding fort!
There is a moment CJ Mutunga sounds like Mutula Kilonzo in his handing over speech to Eugene Wamalwa --They will frustrate you! threaten you! intimidate you! ....
I believe him: we are trying to wrench state power peacefully from the hands of seasoned lords of impunity. Murder is small change for such men. There is a GSU officer who was executed in gangland style for refusing to hand over the key to the guard-room where the confiscated cocaine was locked.There are many others. Honesty, is a dangerous thing in Kenya, even as we open every public function with prayers!
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Post by adongo23456 on Jun 5, 2012 19:34:51 GMT 3
uneditedi hold the radical view that this 'proclamation by willy is nothing but intimidation of the judges which he told us the other day that he has no sway over. i want to imagine that there is a corresponding memo to judges and magistrates to this effect or they will abide by the publicized soundbites. on my way to jukwaa i read word by word the speech he gave the other day at an official judicial function in nairobi, a speech that was published in full in the weekend star.it was high sounding, plausible, academic, bold and at best a battle cry.but the nereah in me stubbornly refuse to be carried along. as i have stated elsewhere before i have a prejudiced view on mutunga. i don't have the energy to lift up that big moral brush and paint mutunga with integrity colours but i have the courage and to withhold my support and goodwill from him until he clears the air on his parley with the father of impunity in kenya,whose misrule kenyans are yet to completely extricate from. i must also admit my prejudiced view on willy regarding the torment that his able deputy, my dear sister nancy baraza ;Dunderwent under his watch as the boss of kenyan judiciary. conspiracy theory that has been out-rightly dismissed here in jukwaa is that willy was never a candidate for the wielder of power in kenya today. according to this school of thought willy elevation was not only a set up for him but meant to hoodwink the western audience at a time kalonzo the musyoka was doing the shuttle diplomacy. the talk was that willy would be set up(as is believed with moi's parley-- which to some is worse than the perceived indiscretion of sister nancy) and be hounded out of office in the fashionable manner. but the status quoists whom he seems to taking an aim at,it is alleged, were of the view that getting rid of him before kicking out nancy, would be counterproductive since nancy is much younger and tougher. with nancy gone,someone who could let the judiciary look the other side while such intransigence and impunity that willy is making noise of are aided and abetted,takes the seat. of course i don't subscribe fully to this imagination and theory but all i care for now is the small dent in willy's reform credential caused by the suspicious embrace with moi who any reformist worth his salt should avoid like a plague. i am saying willy like the amos wakos,justice waki,yash pal ghai,mutula kilonzo, kiraitu murungi,sister martha karua,jim orengo,koigi wamwere et al is on a futile mission. i may be wrong, as usual nereah,Of course you are wrong on this. Here are my reasons. 1. Contrary to what folks like Kamale have argued here, the CJ did not interpret any aspect of Chapter Six or the constitution for that matter. Mutunga simply asserted that the judiciary will abide by the requirements of Chapter Six and rule accordingly. That actually is the role of the Chief Justice. It is to assure the country and the citizens that the law is the law and will be respected by the judiciary and there will be no short cuts to circumvent the law. What could possibly be wrong with that? 2. Secondly Mutunga did not make any orders to the judges other than to inform the nation that under his leadership, the judges should not have any fears in making rulings that are consistent with the law. Let's not pretend for a minute that we do not know why the entire judiciary is so despised by Kenyans. It is because judges have been taking orders from the thugs and rascals in power and they have pretty much helped to ruin the country. If nothing else the role of the new CJ is to assure Kenyans that things have changed and the judiciary will no longer be in bed with the crooks in power who don't give a damn about the law. 3. The provisiosn of the Integrity Act are clearly stated in the constitution of the Republic of Kenya. Mutunga did not add or substract from what is already in the books. What the CJ did was to remind those who think the Integrity requirements are just pipe dreams which will not apply to them that they are the ones dreaming. That is spot on. 4. There is also the issue of those saying oh since Mutunga is making allthese statements about the fact that the constitution is a sacred and not subject to the whims of the mighty and powerful that he should remove himself from the SC if those matters come to the Supreme Court. First of all it is upto to the CJ to remove himself. What are you going to do if he doesn't? Take him to court? Secondly people remove themselves in cases where they have personal interests that may cause a conflict of interest. Can someone actually prove in court that justice in Kenya is Mutunga's personal interest? Come on. Can someone prove that keeping crooks out of office is Mutunga's personal interest? Nope. Mutunga is just saying the obvious and in a country where we are so used to falsehoods as the norm this may look and sound radical and controversial. There is a reason why Mutunga for example did not mention the ICC case with reference to Chapter Six. If he did that and the issue of ICC cases came to the SC then there could be an issue of saying the CJ has already made up his mind about the ICC case with respect to Chapter six. But Mutunga saying scumbags will not be allowed to take public office cannot be seen as a conflict unless some people think they monopolize the constituency of scumbags and want to file a case as scumbags -v-The Republic of Kenya. There is nothing radical about saying everybody will be subject to the provisions of the law and the constitution regardless. It is only radical to those who think there are different sets of laws for different people in the country.
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Post by OtishOtish on Jun 5, 2012 20:11:58 GMT 3
but the status quoists whom he seems to taking an aim at,it is alleged, were of the view that getting rid of him before kicking out nancy, would be counterproductive since nancy is much younger and tougher. with nancy gone,someone who could let the judiciary look the other side while such intransigence and impunity that willy is making noise of are aided and abetted,takes the seat. That lady was asking for it, and she got it; so we need not weep too much about it. It is one thing for a DO or whatever to pull a "do you know who I am?", but we expect (or should expect) quite a different tone at the highest levels of the judiciary. Many Kenyans (used to high-handedness from their judicial officials) who watched the Confirmation hearings were very surprised by the "modest demeanor" of the judges. Having watched those, as well as other ICC proceedings, I think there is a great deal to be learned from those ICC judges, from both their written decisions and personal demeanor, and the learning needs to be done by both the public and the judicial officials in Kenya. Cracking down on N. Baraza was as good move. It sets an example and a high standard, both of which needed to set.
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Post by job on Jun 6, 2012 22:06:21 GMT 3
Adongo's 4 points (above) sums up the message from the Chief Justice perfectly! If I were Mutunga, I would make sure Chapter Six or the constitution becomes the cornerstone of all my speeches. Correctly interpreting and enforcing this Chapter has the potential of transforming Kenya fundamentally - the CJ is fully aware.... let him do his thing boldly without fear or favour.
Unlike Nereah, I don't think the CJ sold his soul to Moi. The symbolic meeting of a past President and current CJ should not be mirred in conspiracy theories...If Moi wanted to soften the CJ's heart and guage his thinking...the ex-President must have received an earful of things such as those residing in Chapter 6 of the Constitution.
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Post by nereah on Jun 7, 2012 17:09:28 GMT 3
Unlike Nereah, I don't think the CJ sold his soul to Moi. The symbolic meeting of a past President and current CJ should not be mirred in conspiracy theories...If Moi wanted to soften the CJ's heart and guage his thinking...the ex-President must have received an earful of things such as those residing in Chapter 6 of the Constitution. i could be wrong as usual but time is the greatest arbiter here. lets revisit this thread several moons ahead.
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Post by job on Jun 9, 2012 19:21:35 GMT 3
www.the-star.co.ke/national/corridors-of-power/79509-corridors-of-powerNow, if only the political leadership can follow in the footsteps of the Chief Justice Willy Mutunga! The CJ personally handed over to the President, the Prime Minister, the two Deputy Prime Ministers and the Speaker of the National Assembly signed copies of his contract with the people of Kenya. He also made available signed copies for all ministers and MPs. The contract details what he intends to do in transforming the judiciary to become what Kenyans want and for which he wants to be held accountable.
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Post by job on Jun 9, 2012 19:39:12 GMT 3
In the thread below the CJ suggests joint political rallies monthly (by all 14 presidential aspirants) - as a way to diffuse political temperatures. I would love more of these words of wisdom - a mark of active and positive leadership. If this spirit is extended into judicial review (at the benach), we might start seeing transformation right under CJ Mutunga's era. Others might want to label this judicial activism...but if it helps reform Kenya...so be it!!!! www.the-star.co.ke/national/national/79478-cj-calls-for-joint-ralliesAnd by the way, Martha Karua (below) reminds us who did not find it important to attend a commitment session for peaceful general elections - a major event attended by the President, Prime Minister, Vice President, Speaker, Ministers, the Chief Justice, other Judges, Commissioners of various Constitutional bodies, and elected representatives. Narc-K presidential aspirant Gichugu MP Martha Karua criticised rivals who did not attend the forum saying it was an indication that they were not committed to a peaceful election.
Deputy Prime Ministers Uhuru Kenyatta and Musalia Mudavadi, former Education PS James Ole Kiyiapi and Peter Kenneth were conspicuously absent.
Uhuru was campaigning in Wamba while Mudavadi was meeting opinion leaders in Bungoma.
Peter Kenneth was scheduled to leave for Canada last night while it was not immediately clear whether ole Kipyiapi had been invited to the forum or not.
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Post by terminator on Jun 10, 2012 15:28:25 GMT 3
Integrity is a part of the constitution. The constitution is his job. The CJ is commenting on it on that basis. He has his opinions on it and shares them freely. He is saying that criminals, crooks, thugs, among other miscreants would not be allowed to occupy public office. It is such a clear standard. You want a judge to recuse himself for saying the sky is blue. I would expect that all justices, especially Supreme Court judges would already have their own understanding of the integrity clause. Who knows their views may differ from the CJs. At the end of the day, a vote decides the final position of the Supreme Court. I would have ben a lot happier with the CJ articulating all this integrity stuff sitting on the bench rather than at any given public opportunity. The only reason of concern being when a request for him disqualifying himself for previous comments he has made in public when a matter on integrity is presented to his court. Mutunga can make all comments at the independence of his arm of government, but I would much prefer he articulates his legal views in court.
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Post by job on Jul 7, 2012 3:06:54 GMT 3
Very quietly...after Mutula Kilonzo's booting from the Justice Ministry (& puppet Eugene Wamalwa's entry), the Leadership and Integrity Bill has been thoroughly watered down by AG Githu Muigai and Mutuma Kathurima's KLRC...it is now at CIC where an exasperated Charles Nyachae seems hapless. It is terribly at variance with the mother-law - the Constitution.
Whereas the Constitution expressly and explicitly prohibits people with integrity challenges - like people charged with felonies or persons adversely named in commissions of inquiry or parliamentary committees - from holding public office; the so called Leadership and Integrity Bill being baked by wakina Githu is deliberately reversing these requirements.
Before the Bill is sent to Parliament for rubber-stamping by the foot-soldiers of respective 'projects' (as per Jirongo), does the CIC have the temerity to at least try safeguarding the letter and spirit of the Constitution? When this matter is eventually arbitrated in courts, will we have Integrity exhibited through judicial decisions from Judges in the courts themselves? The Chief Justice has led the way in demanding Integrity in Leadership! Hope the rest of the Judges follow suit.
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Post by einstein on Jul 7, 2012 4:53:04 GMT 3
Very quietly...after Mutula Kilonzo's booting from the Justice Ministry (& puppet Eugene Wamalwa's entry), the Leadership and Integrity Bill has been thoroughly watered down by AG Githu Muigai and Mutuma Kathurima's KLRC...it is now at CIC where an exasperated Charles Nyachae seems hapless. It is terribly at variance with the mother-law - the Constitution. Whereas the Constitution expressly and explicitly prohibits people with integrity challenges - like people charged with felonies or persons adversely named in commissions of inquiry or parliamentary committees - from holding public office; the so called Leadership and Integrity Bill being baked by wakina Githu is deliberately reversing these requirements. Before the Bill is sent to Parliament for rubber-stamping by the foot-soldiers of respective 'projects' (as per Jirongo), does the CIC have the temerity to at least try safeguarding the letter and spirit of the Constitution? When this matter is eventually arbitrated in courts, will we have Integrity exhibited through judicial decisions from Judges in the courts themselves? The Chief Justice has led the way in demanding Integrity in Leadership! Hope the rest of the Judges follow suit. Job,Thanks for being hawk-eyed about this case. But I'm kind of confused about which Kathurima you mean. Is it Mr. Kathurima M’Inoti or the former ambassador Henry Mutuma Kathurima?And please provide more details so we can all react to their mischief. Cheers.
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Post by job on Jul 7, 2012 7:13:47 GMT 3
Very quietly...after Mutula Kilonzo's booting from the Justice Ministry (& puppet Eugene Wamalwa's entry), the Leadership and Integrity Bill has been thoroughly watered down by AG Githu Muigai and Mutuma Kathurima's KLRC...it is now at CIC where an exasperated Charles Nyachae seems hapless. It is terribly at variance with the mother-law - the Constitution. Whereas the Constitution expressly and explicitly prohibits people with integrity challenges - like people charged with felonies or persons adversely named in commissions of inquiry or parliamentary committees - from holding public office; the so called Leadership and Integrity Bill being baked by wakina Githu is deliberately reversing these requirements. Before the Bill is sent to Parliament for rubber-stamping by the foot-soldiers of respective 'projects' (as per Jirongo), does the CIC have the temerity to at least try safeguarding the letter and spirit of the Constitution? When this matter is eventually arbitrated in courts, will we have Integrity exhibited through judicial decisions from Judges in the courts themselves? The Chief Justice has led the way in demanding Integrity in Leadership! Hope the rest of the Judges follow suit. Job,Thanks for being hawk-eyed about this case. But I'm kind of confused about which Kathurima you mean. Is it Mr. Kathurima M’Inoti or the former ambassador Henry Mutuma Kathurima?And please provide more details so we can all react to their mischief. Cheers. I got the wrong Kathurima - it's actually Kathurima M'Inoti of KLRC, not the Ambassador. www.cickenya.org/bills/leadership-and-integrity-bill-2012www.kenyadiasporavote.com/2012/05/revised-integrity-bill-to-save-uhuru-ruto-presidential-quest/
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