Mukwhasi
Full Member
Justice will live on ..
Posts: 180
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Post by Mukwhasi on Jun 30, 2012 1:19:45 GMT 3
Furaha Getoff the high horse! ,if i have used any objectionable language then the admin knows what to do ,otherwise do not prefect me as this is a free board last i checked ,i also happen to dislike your tone but refuse to stoop to your level and start calling you names.
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Post by Omwenga on Jun 30, 2012 1:31:35 GMT 3
my only hope here is that either the promotions for this book have been misleading and its actually a pro govt report or else we got ourselves another chap whose star is about to fizzle. does anyone remember a guy call PLO Lumumba? tnk,It's obviously not going to be the former but let's certainly hope we don't see the latter happen.
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Post by mwalimumkuu on Jun 30, 2012 2:34:32 GMT 3
mwalimumkuu: This is a serious matter, for discussion by grown-ups only. Please stay out of it. Otieno, I never even tried to get anywhere closer to the discussion, I dismissed it with the contempt it deserves on day one, am only laughing from the side lines. I mean, this is the best CJ ever, attending a book launch for one of the best brains of our generation, so why would adults be making such senseless noises? You guys sound like the Republicans I have been reading about that are chastising their CJ for voting with Obama on the healthcare law yet he is a George Bush appointee. Bure tu.
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Post by job on Jun 30, 2012 2:42:18 GMT 3
omwenga,I think you have made your points very clearly and I am sure the CJ has seen them or they have been brought to his attention. So let him make his call and let Kenyans judge him accordingly. I have said in the other thread regarding Miguna's book that I don't care one way or the other. The CJ is going there in his private capacity. But then again, Nancy Baraza pinched somebody's nose in her private capacity and the repercussions were furious. So we will wait and see. I wonder if the CJ would have attended the event if Jerome Corsi the original publisher of the book was sitting across the table from him. That would be funny. It is just a book launch and in all honesty we don't know what is in the book. If it is a political lynching or hit job as advertised the CJ will leave there with egg all over of his face but it is his face and hopefully not the judiciary that will be egged up. For me two things are important. One the CJ has every right to associate with Miguna just like everybody else. The other issue is the CJ associating himself with Miguna's work. That too he has a right to do depending on what the work is. For me the CJ has already made a major goof by associating himself with this highly unconstitutional move which is beginning to embarrass everybody including the AG who is now running away from it. Here is what I am talking about. www.nation.co.ke/News/politics/AG+taken+to+task+over+changes+to+vetting+law+/-/1064/1438664/-/c7dolez/-/index.htmlThis matter could very well end up in the Supreme Court and the CJ allowed himself to be involved in the conspiracy to mess up the judicial vetting process. What will he do then. It all shows that Dr. Mutunga is only human. He can make huge blunders like he did here. This is a disaster in the making for him worse than the Miguna book. Sadly for him Kibaki did not reject that particular part of the infamous bill. It is already before the courts. It is coming to his doorstep and he is one of the authors of the infamy by his own admission. CJ Wily Mutunga must be very wary of any 'consultation' involving Katiba saboteurs like AG Githu Muigai. He could end up with eggs splashed on his face. I see it coming in this case.
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Post by Onyango Oloo on Jun 30, 2012 13:37:04 GMT 3
Omwenga:
I consider you a buddy of mine, and having met you more than once in Nairobi I can attest to all Jukwaaists that you are a down to earth, friendly and compassionate Kenyan.
That does not mean that I agree with your views above.
Far from it.
In fact I disagree with you 220% on this one.
I know many people in Jukwaa participated in the struggle to make Kenya more democratic. There are Jukwaaists here who made tremendous personal sacrifices to achieve these objectives.
That is why I want to ask several questions:
1. When we were fighting the Moi led KANU one party dictatorship were we SERIOUS about fighting for FREEDOM of ASSOCIATION and FREEDOM OF EXPRESSION? Why deny Willy Mutunga his constitutional right of freedom of association? Why lambast Miguna for his freedom of expression in writing a book that many have rushed to condemn before it even rolls off the press?
2. Can someone provide me with a list of "acceptable" people that Willy Mutunga should associate with? Can the same person provide a similar list of "politically correct" public functions that the Chief Justice can honour with an appearance?
3. Is Miguna Miguna a convicted arsonist? A wanted Al Shabaab terrorist? Is he a fugitive wanted on suspicion of felling the helicopter which killed George Saitoti, Orwa Ojode and their colleagues? Will his book spark off a civil war with accompanying bloodshed, looting and mayhem?
4. What part of the constitution is Willy Mutunga violating by agreeing to be the chief guest at the book launch of a Kenyan who spent several years in political exile for fighting for the same constitutional dispensation that Willy went to detention for?
5. Is it an accident that TWO PROMINENT former detainees- Raila Odinga and Willy Mutunga- are today Prime Minister and Chief Justice respectively? What are the implications for this? Why did I not hear a hullabaloo when the Prime Minister hosted Onyango Oloo and other veterans of the progressive movement on August 18, 2011? Mind you he did this in his capacity as Prime Minister? Did he offend people like Moi, Kibaki, Kalonzo Musyoka, Ruto, Uhuru and other throwbacks from the dark days of the KANU one party dictatorship?
6. Since we are living in the era of Kenyans rushing to court for injunctions to protect their constitutional rights why have I not seen my friend Omwenga rush to legally PREVENT Dr. Willy Mutunga from attending Miguna Miguna's book launch?
7. Did we learn anything from all those years of repression? Things like tolerance of people with opposing views?
Onyango Oloo
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Post by jakaswanga on Jun 30, 2012 14:10:59 GMT 3
Omwenga:I consider you a buddy of mine, and having met you more than once in Nairobi I can attest to all Jukwaaists that you are a down to earth, friendly and compassionate Kenyan. That does not mean that I agree with your views above. Far from it. In fact I disagree with you 220% on this one. I know many people in Jukwaa participated in the struggle to make Kenya more democratic. There are Jukwaaists here who made tremendous personal sacrifices to achieve these objectives. That is why I want to ask several questions: 1. When we were fighting the Moi led KANU one party dictatorship were we SERIOUS about fighting for FREEDOM of ASSOCIATION and FREEDOM OF EXPRESSION? Why deny Willy Mutunga his constitutional right of freedom of association? Why lambast Miguna for his freedom of expression in writing a book that many have rushed to condemn before it even rolls off the press?
2. Can someone provide me with a list of "acceptable" people that Willy Mutunga should associate with? Can the same person provide a similar list of "politically correct" public functions that the Chief Justice can honour with an appearance?
3. Is Miguna Miguna a convicted arsonist? A wanted Al Shabaab terrorist? Is he a fugitive wanted on suspicion of felling the helicopter which killed George Saitoti, Orwa Ojode and their colleagues? Will his book spark off a civil war with accompanying bloodshed, looting and mayhem?
4. What part of the constitution is Willy Mutunga violating by agreeing to be the chief guest at the book launch of a Kenyan who spent several years in political exile for fighting for the same constitutional dispensation that Willy went to detention for?
5. Is it an accident that TWO PROMINENT former detainees- Raila Odinga and Willy Mutunga- are today Prime Minister and Chief Justice respectively? What are the implications for this? Why did I not hear a hullabaloo when the Prime Minister hosted Onyango Oloo and other veterans of the progressive movement on August 18, 2011? Mind you he did this in his capacity as Prime Minister? Did he offend people like Moi, Kibaki, Kalonzo Musyoka, Ruto, Uhuru and other throwbacks from the dark days of the KANU one party dictatorship?
6. Since we are living in the era of Kenyans rushing to court for injunctions to protect their constitutional rights why have I not seen my friend Omwenga rush to legally PREVENT Dr. Willy Mutunga from attending Miguna Miguna's book launch?
7. Did we learn anything from all those years of repression? Things like tolerance of people with opposing views?Onyango Oloo Onyango OlooThe intellectually primordial gaffes at Miguna's book just by reading its cover, I have always confined to the public toilet at country bus station Nairobi where they belong. And it is only because Jukwaa's etiquette does not allow, that I do not state my vision on the pedlars of those frenzied toilet sounds. But I am against this attendance, Oloo. This is my reasoning. Miguna is a registered attorney in Kenya. He will be accepting, having clients, and arguing his and their cases in court. All the way one day, to Mutunga's desk. And this is a PUBLIC sealing of their buddiness. If I am on the other side, I would remind the court, that the personal association of the mighty judge with the oppositional lawyer, is such that I doubt his impartiality. If Mutungaa does not disqualify himself every time Migunaa comes before his court, it will allow detractors to question his judgment. The moment the judgment of the chief justice is questioned widely on every other issue, his legal decisions are so undermined that he sinks to junk status. This is my fear. He has a right to freedom of association. But as the chief arbiter in the land, a land with unhappy memories of her judiciary, he must be at pains to indicate his judgment is always impeccable and impartial. This is the curse of credibility. Standing above the fray. The Solomon to all. It is the importance I attach to this concept --that both sides of a litigation underwrite the credibility of the court, do not cry friendship politics even if it is a figment of their imagination-- so that justice must seem to have been done. caveat: of course Migunaa could loose all his cases before Mutungaa! and Mutungaa, ever fearing ridicule and favouritism, could be forced[or decide] to do his best thinking, writing and judgments when his friend Migunaa is in his court. This all to dispel any unease in the minds of hawk-eyed vigilantes like yours truly. And coming on top of Mutunga's midnight dalliance with Githu during the Mpigs night of the long knives on the constitution.. Mutunga is skating ;D on thin ice! [forgive the nothern metaphor. I could say he is playing with fire e od-lum ndalo oro!]
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Post by OtishOtish on Jun 30, 2012 16:22:51 GMT 3
You guys sound like the Republicans I have been reading about that are chastising their CJ for voting with Obama on the healthcare law yet he is a George Bush appointee. Bure tu. I have no complains with any legal position that Mutunga has taken. Imagine the following scenario. A US president fires one of his advisors. The former advisor then goes all over the media insulting the president, in every way imaginable. The former advisor then declares that he will publish a book revealing all sorts of unsavoury details about the presidential office, with the sole intent of thoroughly damaging the presidency. Do you believe the US Chief Justice would attend the launch of such a book, let alone be the guest-of-honour/chief-speaker?
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Post by Onyango Oloo on Jun 30, 2012 16:36:06 GMT 3
Jakaswanga:
Greetings.
Let us not be hypothetical.
Since I know Miguna slightly better than you, I can tell you with little fear of contradiction that those imaginary scenarios are unlikely to unfold in real life.
More poignantly, why are you assuming that Willy Mutunga, veteran lawyer that he is; teacher to many past and present formidable legal minds DID NOT mull through the implications and ramifications of accepting Miguna's invitation?
Incidentally, the other main speaker is Paul Muite- a close political ally of Prime Minister Raila Odinga. I wonder why he too, was foolish enough to be roped into the book launch?
Onyango Oloo
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Post by OtishOtish on Jun 30, 2012 16:40:24 GMT 3
Jakaswanga:Greetings. Let us not be hypothetical. Since I know Miguna slightly better than you, I can tell you with little fear of contradiction that those imaginary scenarios are unlikely to unfold in real life. More poignantly, why are you assuming that Willy Mutunga, veteran lawyer that he is; teacher to many past and present formidable legal minds DID NOT mull through the implications and ramifications of accepting Miguna's invitation? Incidentally, the other main speaker is Paul Muite- a close political ally of Prime Minister Raila Odinga. I wonder why he too, was foolish enough to be roped into the book launch? Onyango Oloo Bwana Oloo: Even great minds can sometimes make mistakes. Even great minds that have fought dictatorship and oppression can make mistakes. Even after "mulling". The "delicacy" of Mutunga's attendance arises from the fact of the position he occupies; Paul Muite does not hold a similar position. See my "US scenario" above.
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Post by mwalimumkuu on Jun 30, 2012 16:40:49 GMT 3
You guys sound like the Republicans I have been reading about that are chastising their CJ for voting with Obama on the healthcare law yet he is a George Bush appointee. Bure tu. I have no complains with any legal position that Mutunga has taken. Imagine the following scenario. A US president fires one of his advisors. The former advisor then goes all over the media insulting the president, in every way imaginable. The former advisor then declares that he will publish a book revealing all sorts of unsavoury details about the presidential office, with the sole intent of thoroughly damaging the presidency. Do you believe the US Chief Justice would attend the launch of such a book, let alone be the guest-of-honour/chief-speaker? Otieno,I do not want to speculate what the US CJ would do in what circumstances, but what I know is that when you have a CJ who approaches everything with the stark nakedness of birth like Mutunga does, you should be prepared to see many things including those that you cannot come to terms with as a person.
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Post by Onyango Oloo on Jun 30, 2012 16:46:05 GMT 3
[Bwana Oloo: Even great minds can sometimes make mistakes. Even great minds that have fought dictatorship and oppression can make mistakes. Even after "mulling". The "delicacy" of Mutunga's attendance arises from the fact of the position he occupies; Paul Muite does not hold a similar position. See my "US scenario" above. Otishotish:Seriously, will the SKY FALL IN if Willy attends Miguna's launch as Chief Guest? Please verify this quickly for me because I am planning to attend the function. I am not planning an untimely demise. You see, I have Jukwaa to administer among other things. By the way I have forwarded several names including some Jukwaaists to be part of the guest list. Does anyone else want to attend? Please let me know so that I can make sure that you will be there. Onyango Oloo
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Post by OtishOtish on Jun 30, 2012 16:46:19 GMT 3
I do not want to speculate what the US CJ would do in what circumstances, but what I know is that when you have a CJ who approaches everything with the stark nakedness of birth like Mutunga does, you should be prepared to see many things including those that you cannot come to terms with as a person. You should think about that scenario; I knew it would give you a "difficulty", but it's an enlightening one. I have no problem with his "stark nakedness of birth", as long as it is in line with the expectations and obligations of his office.
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Post by Omwenga on Jun 30, 2012 16:51:08 GMT 3
Omwenga:I consider you a buddy of mine, and having met you more than once in Nairobi I can attest to all Jukwaaists that you are a down to earth, friendly and compassionate Kenyan. That does not mean that I agree with your views above. Far from it. I know many people in Jukwaa participated in the struggle to make Kenya more democratic. There are Jukwaaists here who made tremendous personal sacrifices to achieve these objectives. , Onyango Oloo,We are buddies and I need not affirm your credentials as a champion and agent of positive social-economic and political change in Kenya for they are obvious but I commend you for it as always and I am sure all us do, anyway. It is therefore with that in mind that I am pained to disagree with you on this but, the way I see this is, since we both want the best for our CJ and specifically since we both want him to succeed in his duties and responsibilities in shaping our new judiciary, including guiding it in bringing in the much needed reforms, he and everyone else must see and understand our criticism and concerns as simply helping him avoid the pitfalls that may doom his tenure, or at least those that will make him less effective and this Miguna thing is one of them for the reasons I and others have given. Having said that, let me attempt to address the specific questions you have raised as follows--and this is speaking for myself: If it has not been clear from my previous posts, I am not questioning the Chief Justice's association or friendship with Miguna; that's a right he has just as all of us do. What I am questioning is his agreeing to be a guest of honor for Miguna's book launch with all the implications that come along with it including the fact that will be seen as endorsing Miguna's book--something a sitting Chief Justice should never do about any controversial book for obvious reasons and no one can argue that Miguna's book is not controversial--regardless of its actual content. Please note it's analytically irrelevant that the CJ may not be endorsing the book, in fact, by merely attending the book launch as guest of honor. If the CJ were guest of honor launching a book titled, "Kenya In Beautiful Pictures" no one would object to that or raise any concerns unless the pictures contained pornography or artistic impressions and representations others may find offensive in which case the book would be deemed controversial and therefore not worth our CJ adding the prestige of his office to its promotion. We need not give the CJ or anyone a list of people he or she should associate with; as noted above, everyone has a right to associate with whomever they chose but must be prepared to pay the price for such association if it's not a good one. If Miguna had a birthday party and invited his friends and family to attend, including the CJ, the CJ will still be ill-advised to attend such an event but to a lesser extent than being a guest of honor at a public launch of a controversial book such as Miguna's. Regarding what events the CJ should or should not attend, one would hope we have appointed as Chief Justice someone who can use sound judgment to decide for himself or herself what events would be appropriate to accord the prestige of his office and which ones are not. Again, the measuring gauge for public mood or taste for it is, is it a controversial, divisive event or not. Attending a political rally, for example, is out of question even in the case where the CJ attends rallies by all presidential or other candidates. Again, this is because the CJ must be seen as being above politics and should never put himself in a situation where his judgment or impartiality is questioned and this is precisely why meeting with Moi was a bad thing because reasonable concluded the CJ cannot be impartial and just if a matter involving Moi or his interests came before him. Miguna is not any of this or even close. He is just a former friend and aide of the PM who has now turned against him and given he has vowed to be an accessory to bring down this Mugumo tree, his methods and tactics are 100% political and how low he has gone with the book remains to be seen but political nonetheless and thus the reason we say the CJ is wrong in gracing his book launch as his guest of honor. With all due respect brother Oloo and not to be misconstrued about this, no one is questioning what Miguna may or may not have done in the past about fighting for reforms or the new constitutional dispensation. If Miguna were vying for office and touted his reform credentials, then it would be up-to his opponents to challenge him on that and the voters will make their choice. What we are talking about here is someone who has made it publicly and indisputably known that he is on a mission to do what he is doing to inflict maximum political assault against Raila utilizing the power of his imagination, recycling of unproven allegations and and some tidbits of harmless facts likely to be contained in his book. We know this to be the case because of (1) what Miguna himself has said about the book in his numerous interviews (2) what Miguna has said about the PM since being unceremoniously booted from the PM's office (3) media teases of the book. Now, if the book turns out to be an intellectual exposition of the Kenyan politics and history without any made-up salacious facts or peddling of recycled rumors and innuendo about Raila and more importantly if the book turns out to be one that casts as objectively as any can be both the strengths and weaknesses--true, not exaggerated or false "weaknesses" of Raila, then we shall all commend Miguna for putting his anger with Raila aside and penning such a book. All Raila haters and non-supporters who are salivating to savor every word of the book will be disappointed and demand a refund were that to be the case but I doubt they will be disappointed. . Dr. Willy Mutunga was appointed CJ in part because of his reform credentials and no one questions that to this moment but that does not mean he cannot make bad decisions that can undermine his performance as CJ as in this case about the book launch and this is really all we are saying. If he did, he should do this more often but this is really not what we are talking about. The objection to the CJ attending the book launch is more about the integrity and perception, real or otherwise, of the Chief Justice and the judiciary as a whole being seen as a place where there is no politicking and affairs are conducted in a fair, impartial and jurisprudential manner and not where the CJ or other judges are engulfed in unnecessary controversy. In other words, this is not about Miguna or his book which he is free to peddle and make the best of it without dragging the CJ and the reputation of the court to it.
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Post by mwalimumkuu on Jun 30, 2012 16:54:42 GMT 3
I do not want to speculate what the US CJ would do in what circumstances, but what I know is that when you have a CJ who approaches everything with the stark nakedness of birth like Mutunga does, you should be prepared to see many things including those that you cannot come to terms with as a person. You should think about that scenario; I knew it would give you a "difficulty", but it's an enlightening one. I have no problem with his "stark nakedness of birth", as long as it is in line with the expectations and obligations of his office. Otieno,I have already thought about it and arrived at the conclusion that it will depend with whom you are dealing with under the circumstances and that is why I do not want to speculate. If it is a sycophant of the president, they will not want to be seen as to be stepping away from the president. But if it is an independent, they will do what is right, launch the book and let Kenyans read for themselves while he goes back to the courts to discharge their lawyery duties which have nothing to do with the book. In this case, we already know whom we are dealing with and should expect many more of this kind as long as he remains the CJ.
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Post by OtishOtish on Jun 30, 2012 16:57:59 GMT 3
[Bwana Oloo: Even great minds can sometimes make mistakes. Even great minds that have fought dictatorship and oppression can make mistakes. Even after "mulling". The "delicacy" of Mutunga's attendance arises from the fact of the position he occupies; Paul Muite does not hold a similar position. See my "US scenario" above. Otishotish:Seriously, will the SKY FALL IN if Willy attends Miguna's launch as Chief Guest? Please verify this quickly for me because I am planning to attend the function. I am not planning an untimely demise. You see, I have Jukwaa to administer among other things. Onyango OlooNo, Bwana Oloo; the sky will not fall in. Given your clear statement of the long-standing friendship of your, Miguna, and Mutunga, I think it is to be expected that you will fully support Miguna in all he does and that you will equally support Mutunga. Indeed, that is very admirable; friendship is somethng that should always be taken very seriously. The probem here, though, is that Mutunga is the Chief Justice, and he will be launching a book whose sole purpose (if the author is to be believed) is the political destruction of the Prime Minister. What you need to do, though, is simply state that you are standing by your friend, come hell or high water. I would have some respect for that. But the sloppy arguments you have so far given in defence of your position seem rather unlike you. Anyway, to your critical question: By all means attend. But please make sure the bills are paid and no blows are traded, as in the SDP registration party. ;D And give Miguna my best wishes; given the rude manner in which his employment was terminated, I have no problems with his poking Raila in the eye. I'm sure Mutunga too will attend and give us a finger and a "mta do?". And we will do? Such is life in Kenya. Kazi iendelee.
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Post by Onyango Oloo on Jun 30, 2012 17:01:14 GMT 3
Omwenga:
Since I do not want to repeat myself, I will ask three simple questions:
Speaking of books, what do you think of the gift of 48 Laws of Power that Raila Odinga sent to Maina Njenga when the former Mungiki leader was still behind bars?
Was that an error of judgment?
If so, why?
Onyango Oloo
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Post by Onyango Oloo on Jun 30, 2012 17:07:56 GMT 3
Anyway, to your critical question: By all means attend. But please make sure the bills are paid and no blows are traded, as in the SDP registration party. ;D And give Miguna my best wishes; given the rude manner in which his employment was terminated, I have no problems with his poking Raila in the eye. Otishotish:Snide remarks makes you come across as a churlish puerile adolescent assaulting strangers with your accumulated snot. Onyango Oloo
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Post by Omwenga on Jun 30, 2012 17:11:32 GMT 3
Omwenga:Since I do not want to repeat myself, I will ask three simple questions: Speaking of books, what do you think of the gift of 48 Laws of Power that Raila Odinga sent to Maina Njenga when the former Mungiki leader was still behind bars? Was that an error of judgment? If so, why? Onyango Oloo Double O,Can you indulge me to answer this question in my as yet to be penned piece on Maina Njenga? I have an answer but I think it would make more sense when fully explored than I can in this context. BTW, I am expecting to be back in Nairobi by around the launch date...look me up around the Intercon bar area I'll be conducting an exit poll there ;D
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Post by Onyango Oloo on Jun 30, 2012 17:16:23 GMT 3
Omwenga:
Looking forward. Just a gentle reminder of things we talked about.
But seriously, should I add you to the guest list?
After all, you are NOT Chief Justice Willy Mutunga or a member of the Supreme Court.
Onyango Oloo
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Post by OtishOtish on Jun 30, 2012 17:18:28 GMT 3
Anyway, to your critical question: By all means attend. But please make sure the bills are paid and no blows are traded, as in the SDP registration party. ;D And give Miguna my best wishes; given the rude manner in which his employment was terminated, I have no problems with his poking Raila in the eye. Otishotish:Snide remarks makes you come across as a churlish puerile adolescent assaulting strangers with your accumulated snot. Onyango OlooBwana Oloo: No need to get so worked up; that was intended as humour. Anyway, I give you markss for being able to so quickly turn out a "fine" insult. I always need a dictionary before I can get to that level.
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Post by Omwenga on Jun 30, 2012 17:27:53 GMT 3
Omwenga:Looking forward. Just a gentle reminder of things we talked about. But seriously, should I add you to the guest list?After all, you are NOT Chief Justice Willy Mutunga or a member of the Supreme Court. Onyango Oloo My arrival date in Nai is not confirmed but should in the next few days and once I do, I'll let you know and--sure, I wouldn't mind attending for more compelling reasons than the ones you cite such as hanging out with buddies like you ;D Heck, I am sure Miguna would like to hear what I think about his book--in person, with you in between ;D Anyway, sijasahau hayo mambo umetaja let's definitely follow up when I come.
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Post by Onyango Oloo on Jun 30, 2012 17:35:07 GMT 3
Omwenga:
We'll continue parts of this conversation by other means, including via my email address onyango.oloo@gmail.com.
Your invitation is on its way electronically.
Onyango Oloo
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Post by Omwenga on Jun 30, 2012 17:48:37 GMT 3
Omwenga:We'll continue parts of this conversation by other means, including via my email address onyango.oloo@gmail.com. Your invitation is on its way electronically. Onyango Oloo Sawa.
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Post by furaha on Jun 30, 2012 17:50:59 GMT 3
Omwenga:Miguna is a registered attorney in Kenya. He will be accepting, having clients, and arguing his and their cases in court. All the way one day, to Mutunga's desk. And this is a PUBLIC sealing of their buddiness. If I am on the other side, I would remind the court, that the personal association of the mighty judge with the oppositional lawyer, is such that I doubt his impartiality. If Mutungaa does not disqualify himself every time Migunaa comes before his court, it will allow detractors to question his judgment. The moment the judgment of the chief justice is questioned widely on every other issue, his legal decisions are so undermined that he sinks to junk status. This is my fear. He has a right to freedom of association. But as the chief arbiter in the land, a land with unhappy memories of her judiciary, he must be at pains to indicate his judgment is always impeccable and impartial. This is the curse of credibility. Standing above the fray. The Solomon to all. Jakaswanga, We have agreed on some issues but I view this one somewhat differently. I have been amazed at the viciousness with which Miguna has been treated ever since he was sacked 11 months ago, while before that time he was a friend and a hero to many here. I have largely kept out of the discussions because I saw the viciousness explode and did not understand it sufficiently to want to venture an opinion. But I have followed the debate and have been regretting that so much precious time and intellect has been spent on this MM issue. Surely there are more pressing Kenyan issues that deserve equal if not more time? But I have give up trying to understand why. It is a fact. But what you wrote today in relation to conflict of interests made me wonder where all this hullballoo about the book launch is going. Jukwaaists are trying to determine what a Chief Justice can and cannot do. While it is clear that the rules and ethics governing conflict of interests are very important, I do not agree that the CJ would have to disqualify himself every time an advocate who is a friend of his appears before his court. Yes, being CJ is a lonely job but you are taking it too far. You would clearly have to look at the circumstances of the case. I do not know what is in the book. Give us two more weeks and we will have a chance to read it. And yes, I do agree that there will be information there about Raila and about ODM that may not be to the liking of many. But I would be surprised if it did not also contain information that is a more general accusation of the entire political class and also specific information about the many sins of those on the other side of the political divide. And Miguna has that kind of information. Just re-read his Star columns to get a sense of what might be in the book. If that book turns out to be only about Raila I will eat my words but I do not think I will have to do that. And if neither the CJ not Muite have taken the trouble to establish what is in the book before they agreed to speak at its launch, they will have disappointed me deeply. Furaha
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Post by furaha on Jun 30, 2012 17:58:46 GMT 3
Omwenga:Heck, I am sure Miguna would like to hear what I think about his book--in person, with you in between ;D Really? You have already been able to get an advance copy and have read the entire book? Why not share it with us then!
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