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Post by b6k on Oct 10, 2012 15:11:51 GMT 3
He gets paid 800k according to what he said. He currently lives in a flat where he is comfortable. The need for the mansion is to allow a CJ to "entertain" guests. As you can see the specs call for a very large verandah big enough to accommodate 100 cocktail party goers. B6k I earn a lot less than this man. I live in my own "multi-bedroom" house acquired via a mortgage in a not too affluent area. If I was a public servant, I would be earning a hefty owner-occupier allowance! This is a man who is in office for only 2 years and wants to burn up a lot of money in a mansion. But out of curiosity, what are these parties that the CJ will be having in his house that need entertaining? How would he deal with the matter if one of the people being entertained ended up before him?? I am uncomfortable with this........ Kamale, the last time we had a conflict of interest brought about palatial homes the World Bank's, Colin Bruce was a tenant of el presidente. One of those cocktails he hosted ended with a feisty first lady telling off the banker to turn his stereo down ;D. Very embarrassing for GK & the World Bank! Methinks these cocktail bashes are overrated I would imagine a CJ would want to lead the life of a hermit as former AG Wako purported to do. It was office.... nyumbani; No time for a social life. Unfortunately the CJ didn't specify what kind of bashes a CJ is expected to host....
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Post by cheshirecat on Oct 10, 2012 15:14:35 GMT 3
This is all fine until you realize its being bought by one of the poorest countries in the world. Where most of the tax payers live in mabati shacks and mud structures. Surely would that not make someone ashamed to ask for something like this? Its not like he is living in the streets at the moment. Plus am sure we are paying him a heck of a lot of money every month. He gets paid 800k according to what he said. He currently lives in a flat where he is comfortable. The need for the mansion is to allow a CJ to "entertain" guests. As you can see the specs call for a very large verandah big enough to accommodate 100 cocktail party goers. Are we getting the CJ a house worth hundreds of millions solely just so that he can throw parties? Assuming that he will be having these 'parties' once a month and (by any standards thats pretty excessive), could we not utilize other government facilities? And indeed if they are 'state' guests (I cant see why the we should pay for the CJ's birthday parties), shouldn't the state already have a budget for that that covers accommodation, dinners and any receptions that they may have?
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Post by mwalimumkuu on Oct 10, 2012 15:32:13 GMT 3
These people being provided large houses already have several such houses of their own. Perhaps this money would be put into better use upgrading the slums. Mzee,I wonder what happens when these guys enter the corridors of power. They all over a sudden think that the poor mwananchi should shoulder all their aspirations and dreams. Anyone remember how Mutunga arrived on duty on his first day? He had a small bag-pack and rode in some tattered vehicle. He even had his 'homecoming' party with chokoras at Kamukunji grounds. He created the impression that he was one of us. Just ten months down the line, the man is already thinking of a ten bedroom house, hosting cocktails for his civil society friends every Friday and all manner of luxury at our expense. Surely, power has the knack to corrupt even the humblest of them all, Mutunga is on the road to rebirth.
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Post by kamalet on Oct 10, 2012 15:36:12 GMT 3
Kamale, the last time we had a conflict of interest brought about palatial homes the World Bank's, Colin Bruce was a tenant of el presidente. One of those cocktails he hosted ended with a feisty first lady telling off the banker to turn his stereo down ;D. Very embarrassing for GK & the World Bank! Methinks these cocktail bashes are overrated I would imagine a CJ would want to lead the life of a hermit as former AG Wako purported to do. It was office.... nyumbani; No time for a social life. Unfortunately the CJ didn't specify what kind of bashes a CJ is expected to host.... B6k I think the problem is that they have gone overboard in the description of what they require in the form of a house for a CJ. When you consider how he was sold to us and now what is being demanded for him, it is just a lot of contradictions! He has comfortably lived in the flat on Dennis Pritt road since he took office so has power now got to his head that he needs to be in the league of politicians such as the VP and the Speaker? I will not venture to the mention of the president as that is quite something different!
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Post by OtishOtish on Oct 10, 2012 15:47:12 GMT 3
Why are people beating up the CJ? Has he gone demanding such a house, or it a decision that has been made by others, on the basis that the government should house him? And some of the arguments are truly bizzare. Ati if he has a big house and throws parties, there might be a problem if people from his parties appear before him! What does that have to do with the size of his house? Wouldn't it be the same issue if he had a party in his currently "small" house? In fact this issue is a non-issue: if we go along with it, we might as well ban the CJ from having a social life of any kind.
It is good that people are so concerned about slums. May I suggest that such people start a concerted campaign to really do soething about them. Here on Jukwaa, a good start would be a new thread, separate from the issues around the CJ.
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Post by raiswakesho on Oct 10, 2012 19:32:35 GMT 3
I think the country can afford a decent house for the CJ. Sometimes cheap is expensive!!
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Post by Deleted on Oct 14, 2012 3:55:59 GMT 3
Why Law Society is fighting the Chief Justice By MAKAU MUTUA
Posted Saturday, October 13 2012 at 16:27
At first sight, Law Society of Kenya chair Eric Mutua’s baby face makes him look benign. But there’s every indication that Mr Mutua — no relation to me — may not mean well for Chief Justice Willy Mutunga.
That’s because Dr Mutunga’s reformist broom threatens to upend long-standing cartels in the Judiciary. I don’t know who is orchestrating Mr Mutua and the LSK, but I smell a rat — a very rotten rat.
You don’t have to be from the rodent control department to know there’s a dead animal in the neighbourhood when the stench hits you in the face. The Judiciary is the only branch of government in reformist hands, and the merchants of impunity are determined to send CJ Mutunga and his amigos packing.
Dr Mutunga is a clean man. This point is unarguable and even his opponents have no doubt about it. The man was appointed CJ because Kenyans demanded an open process. Otherwise, President Mwai Kibaki was determined to ram his choice — Judge Alnashir Visram — down our throats.
The people prevailed, and Dr Mutunga took the helm of the levers of justice. He promised to restore dignity and confidence in the Judiciary. He’s been true to his word. He promised to give the Judiciary an independent spine, and he’s done so.
He promised to recreate the Judiciary, and there’s every indication he’s doing so. He’s been the “people’s CJ,” a man who knows that Kenya belongs even to the “littlest” Kenyan.
In Kenya, this is revolutionary, and Dr Mutunga might as well be Che Guevara or Dedan Kimathi. Remember them? They believed in something, and were ready to die for their beliefs — which they did.
Those who doubt CJ Mutunga’s resolve better be warned. The man isn’t a coward and won’t cave to looters, rapists, and murderers.
Trying to intimidate him won’t work, nor will skullduggery and media attacks. He’s lived for this moment — to be the midwife of a new Kenya. Not money, not fame, sways him.
He’s more at ease with peasants and workers than hobnobbing with the elite. Those who speak of “servant leadership” should first go study the meaning of the term under him.
Those who would turn the clock back thought that Dr Mutunga was all talk and no action, or, as they say in Texas, “all hat and no cattle”. They expected him to be “business as usual”. They were wrong. That’s why they’ve panicked.
They expected him to provide a “Kenyan judicial solution” to the predicament of the Ocampo Four before the International Criminal Court. In other words, they thought he’d help them subvert justice.
Anyone who knows Dr Mutunga well would’ve been foolish to think so. It’s not even clear how anyone — including President Kibaki — would ever broach such a subject with Dr Mutunga.
Nor would such a conversation be legal under the Constitution. Need I say more? But the Judiciary isn’t CJ Mutunga alone. It’s a group of rejuvenated men and women, most of whom are savouring their newly found independence.
And those who want to stick to the old ways had better pack and leave before the broom arrives. If you doubt me, just refer to the High Court nullification of anti-corruption czar Mumo Matemu’s appointment.
The case turned on the court’s reading of Chapter Six — on leadership and integrity — of the Constitution. The ruling should send chills down the spines of shady characters seeking high office.
This, in my view, includes any of the Ocampo Four who are seeking the Presidency. The courts — and not the ICC — may very well do them in. Then there is the volatile matter of the vetting of judges and magistrates.
This is why the LSK may be giving CJ Mutunga the evil eye. Until CJ Mutunga’s entry, there had been a sick, but true wisecrack — “why hire a lawyer when you can buy a judge?”
Iconic civil society activist Davinder Lamba immortalised the phrase by making thousands of T-shirts emblazoned with it. Lost in translation were the lawyers — members of the LSK — who would be the “buyers of the judges”.
Lawyers in Kenya have been the indispensable cog in the wheel of judicial corruption. That’s why — among other reasons — they aren’t happy with CJ Mutunga. He’s the Grinch who’s come to steal their “Christmas.”
That’s why the recent flap between the CJ and the LSK over the vetting of judges hides more than it reveals. In a legalistic opinion piece (“Why the CJ stands accused over vetting of judges,” Sunday Nation, September 30, 2012), Mr Mutua lit into the CJ.
Mr Mutua accused the CJ of appointing Judge Mohamed Warsame, who hadn’t been vetted, to hear a case involving the vetting of Supreme Court Justice Mohamed Ibrahim whom the vetting board had deemed unfit to serve.
Mr Mutua and the LSK had argued that CJ Mutunga was desperate to save Justice Mohamed from the board. CJ Mutunga has since removed Judge Warsame from the bench hearing the case. What’s my point?
What’s important here isn’t that Judge Warsame hadn’t been vetted. It’s the zeal with which Mr Mutua and the LSK went after the CJ.
They even accused the CJ of “interference” with the court and the vetting board when he wrote — and copied them — to Justice Mohamed thanking him for completing the writing of his rulings.
This is baloney. Mr Mutua, the LSK, and anti-reform elements seem inclined to say anything to taint the CJ. The CJ isn’t a perfect man — nobody is — but he’s always acted with compassion and in good faith. Let him do his job.
Makau Mutua is Dean and SUNY Distinguished Professor at SUNY Buffalo Law School and Chair of the KHRC.www.nation.co.ke/oped/Opinion/Why+Law+Society+is+fighting+the+Chief+Justice+/-/440808/1532424/-/a2ab82/-/index.html
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Post by mwalimumkuu on Oct 14, 2012 16:45:37 GMT 3
KK,
Makau Mutua is a very funny brand of a professor. One would expect, beeing a professor of law and dean of a law school, Mutua would juxtapose the questions the chair of the LSK and his organization are raising and the actions of the CJ over the same and discuss them deeply for all to see who is who. He instead chooses to be another Kariuki Chotara of some sorts and dedicates the entire article on praising and dancing for the CJ.
The LSK and its chair have raised specific questions that we have highlighted here. It would help the CJs case if his defenders tried to answer these questions instead of reading to us Mutunga's history.
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Post by jakaswanga on Oct 17, 2012 11:34:20 GMT 3
KK, mwalimumkuu Mutua does not tackle the two issues in content on which the CJ has had to make a humiliating public about turn. 1. Appointing Warsame who was yet to be vetted, to sit in judgement on the fate of the vetting board. --sending the hangman bound and shackled to a convict as otishotish put it. Chair Rao of the vetting board was milder: he can not be player and referee at same time.
2. Legal insulation of the board from litigious injunctions such as immediately became the case when Judge Rose [Nambale?] and co appealed. Mutua does not offer a legal opinion on whether the constitution actually does insulate the board or not. Very careless an omission of a professor at law. Not very distinguishing I am afraid.
But I smell something else in this trio of Mutua Mutunga Mutua. I need an oracle from Ukambani. When clever men are unashamedly stupid in public, I know there is something else capturing their brains. So, anybody who understands the politics of Kambaland here on Jukwaa?
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Post by mwalimumkuu on Oct 18, 2012 7:25:57 GMT 3
KK, mwalimumkuu Mutua does not tackle the two issues in content on which the CJ has had to make a humiliating public about turn. 1. Appointing Warsame who was yet to be vetted, to sit in judgement on the fate of the vetting board. --sending the hangman bound and shackled to a convict as otishotish put it. Chair Rao of the vetting board was milder: he can not be player and referee at same time. 2. Legal insulation of the board from litigious injunctions such as immediately became the case when Judge Rose [Nambale?] and co appealed. Mutua does not offer a legal opinion on whether the constitution actually does insulate the board or not. Very careless an omission of a professor at law. Not very distinguishing I am afraid. But I smell something else in this trio of Mutua Mutunga Mutua. I need an oracle from Ukambani. When clever men are unashamedly stupid in public, I know there is something else capturing their brains. So, anybody who understands the politics of Kambaland here on Jukwaa? Jakaswanga,You are right on the money. Mutua did a very shoddy job and in fact did more damage to his friend, Willy than good. With such arguments, one can safely assume that there is something the guys are working very hard to hide.
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Post by OtishOtish on Oct 20, 2012 3:14:40 GMT 3
2. Legal insulation of the board from litigious injunctions such as immediately became the case when Judge Rose [Nambale?] and co appealed. Mutua does not offer a legal opinion on whether the constitution actually does insulate the board or not. Very careless an omission of a professor at law. Not very distinguishing I am afraid. A little story: Last Sunday I listened to my local radio station's programme of some old "big band" music. On one of the tunes, the band finished playing and then the band leader yelled "one more time!". The band played the "chorus" once again. Then the band leader yelled "one more time again!". And the band went at it again, with more intensity. Dot dot dot, with increasing intensity until dot dot dot. Very entertaining, the way they did it. So, in that general spirit of "one more time again!": www.nation.co.ke/News/Vetting+hurried+to+deny+me+justice+claims+sacked+judge/-/1056/1537592/-/gq41yf/-/index.htmlOne of the issues that ought to be settled, once and for all, is whether any court has the jurisdiction to interfere with the Vetting Board, and, if such is the case, to what extent. As far as I can recall, this issue was brought to the attention of the Warsame lot, but they simply skipped it. Until it is dealt with, we can shall be here over and over again. For manamba minds like mine, the situation is clear enough, from a cursory reading of the Vetting Act: no court can interfere with its actions.
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Post by mwalimumkuu on Oct 23, 2012 17:34:33 GMT 3
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Post by jakaswanga on Jan 17, 2013 20:11:09 GMT 3
KK, mwalimumkuu Mutua does not tackle the two issues in content on which the CJ has had to make a humiliating public about turn. 1. Appointing Warsame who was yet to be vetted, to sit in judgement on the fate of the vetting board. --sending the hangman bound and shackled to a convict as otishotish put it. Chair Rao of the vetting board was milder: he can not be player and referee at same time. 2. Legal insulation of the board from litigious injunctions such as immediately became the case when Judge Rose [Nambale?] and co appealed. Mutua does not offer a legal opinion on whether the constitution actually does insulate the board or not. Very careless an omission of a professor at law. Not very distinguishing I am afraid. But I smell something else in this trio of Mutua Mutunga Mutua. I need an oracle from Ukambani. When clever men are unashamedly stupid in public, I know there is something else capturing their brains. So, anybody who understands the politics of Kambaland here on Jukwaa? Some updates on the unrolling comedy show. For more running circus ;Dsee the integrity cases pending before the courts!www.nation.co.ke/News/-/1056/1666168/-/x7qcl5z/-/index.html --board clears Ibrahim and Rose Nambuye. MORE www.nation.co.ke/News/LSK-told-to-respect-boards-ruling-on-reinstated-judges/-/1056/1667508/-/ddobfez/-/index.html--At one time Chair Sharad Rao declared the board's decision final BY LAW AND CREATION ACT! Aha! --At one time CJ Mutunga denied interfering with the vetting board, but he had written a lobbying letter on behalf of Judge Ibrahim who, at first, failed the vetting. --The board is independent, but it is reported to have been ordered to tow the line, or be disbanded by those who could. And the board has now changed its mind on these two, but on the same set of facts. 1. Originally, 8 years sitting on a ruling was a disqualification of fence, building up a case for: UNFIT TO SERVE. 2. ON 2ND THOUGHTS: Chair Rao says: that is standard practice, no reason to bar anyone from the Judiciary. I am no learned friend, but even a godly genius wont run this bullsh!t past me. I say Rao's vetting board is seriously compromised, and their minds swim in the sewer. Together with the CJ who is satisfied that a judge who takes 8 years on simple cases is a fitter! Well, It is a circus yes, Kenyan time, but the good thing with this circus, is that it is carried out by well-trained, highly choreographed and educated comedians. Truly then, ignorance is no defense. Design, premeditation, deliberate sabotage is the name of the game. -- Aaah, perish mercy from the heart of those of a hardier breed who shall rise to correct! When comedians from from the podium must be swept! And the audience be amused by the grimaces of pain from the once mighty lords of impunity! ---Ha, learned friends, enjoy your moment of supremacy! Kill the constitution! You have the education!! and this is your mission! www.nation.co.ke/News/Judges-green-light-to-serve-sparks-uproar/-/1056/1666690/-/6bhc18/-/index.html
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Post by jakaswanga on Aug 20, 2013 19:08:27 GMT 3
JUDICIAL SERVICE COMMISSION IS A DEN OF ROT?!
HOW FUNNY IS CJ MUTUNGA AS GLADYS SHOLLEI IS DECAPITATED?www.standardmedia.co.ke/?articleID=2000091432&story_title=judiciary-chief-registrar-gladys-shollei-sent-on-leave-vows-to-clear-her-name&pageNo=2That Chief Justice Mutunga is a funny man has been established already on Jukwaa, in this master thread authored by MOONKI, alias Njakip, better known on Jukwaa as the Notorious Otishotish, sometimes the father of Sadique. So the question is: Just how funny is he, and does he intend more to be? Would it be Until he evolves into his predecessor Gicheru, or becomes a joke in office the equivalent of the legendary former AG Amos Wako?In any case to me, CJ Mutunga is other things apart from funny. I consider he has a propensity to bouts of mental negligence that surpasses incompetence, and enter the realm of mercenary callousness.EXAMPLE. The inspector General of police, the animal activist Kimaiyo, last week made motions to totally allow the police a total shoot-to-kill license, under the loose concept of feeling threatened. In a country of rampant, proven extra-judicial executions, this is an escalation into lawlessness on the side of the law enforcement agencies. This issue is so fundamental in law, civil and human rights, that the silence of the JSC on it, is certified mercenary in my opinion. Abhorrent taking of intellectual french leave. This is an example of what I call 'mental negligence' on the part of the lofty reform Chief Justice and his sky high auspices. And now back to the issue at Hand: Gladys Boss Shollei. UNSPECIFIED ALLEGATIONS! ----Come on Mutunga! write and specify those allegations so that the lady can take note and prepare to defend herself. Otherwise you are just acting on rumour-mongering which, if we are to go by on other members of your JSC, present or past like counsel Ahmednasir Abdulahi, would see them having been disbarred from the bar like Otieno Kajwang' of old. here is a hint of where Ahmednasir may be in 'suppuration'! www.standardmedia.co.ke/m/story.php?id=2000087301&pageNo=1 This Jacob Juma would be the man of Cortec who met President Uhuru some time soon after his unnauguration, and now allegedly has lost his mining/prospecting concession after failing to honour Balala's pocket money request to the tune of Ksh. 80M?Did the JSC find it necessary to 'contemplate' suspending Ahmednasir as they 'authenticated' the falsehood or otherwise of the above mentioned allegations? But for Shollei, they gang up to suspend her on matters they can not even SPECIFY ON PAPER? ---Hallo Mutunga! you lost your articulateness? What a clownesque show by this body! What a comedian of a CJ! I remember when this funny man certified that those charged with crimes against humanity would be the guardians of the constitution! But at least that the CJ's body language contradicted his mouth, thereby indicating a turmoil in conscience! Now withered? www.kenyan-post.com/2013/08/how-ahmednasir-abdullahi-engineered.html ----excuse me! there is a rumour Mutunga hit the roof! I may have to cut him him some slack if I take the post seriously this time! www.standardmedia.co.ke/ktn/video/watch/2000069010/-jsc-verdict-on-sholleiSome people are rotten in the politburo called the JSC! take your pick! HTTP://WWW.JUDICIARY.GO.KE/PORTAL/THE-JUDICIAL-SERVICE-COMMISSION.HTMLCOMMISSIONERS OF THE JUDICIAL SERVICE COMMISSION Hon. Justice Dr. Willy M. Mutunga, Chief Justice / President of the Supreme Court of Kenya Hon. Dr. Justice Smokin Wanjala, Commissioner/ Judge of the Supreme Court of Kenya Hon. Justice Riaga S.C. Omolo, Commissioner/ Judge Court of Appeal Hon. Mr. Justice Isaac Lenaola, Commissioner/Judge of the High Court of Kenya Hon. Prof. Githu Muigai, Commissioner/ Attorney General of the Republic of Kenya Hon. Prof. Christine K.A. Mango, Commissioner/ Vice Chairperson, JSC Hon. Ms. Emily Ominde, Commissioner/ Chief Magistrate, Hon. Mrs. Florence Muoti Mwangangi, Commissioner/ Advocate of the High Court of Kenya Hon. Ahmed Nasir Maalim, Commissioner/ Advocate of the High Court of Kenya Hon. Mr. Titus J.K. Gateere, CBS Commissioner Hon. Rev. (Dr.) Samuel Kobia, Commissioner Gladys Boss Shollei, Chief Registrar of the Judiciary, Kenya/ Secretary, JSC <><> THE INTRIGUESIt is a Kenyan newspaper, but still, this is a story which is the tip of an iceberg. A lawyer whose tenure at the JSC has just been revoked by the LSK because of corruption, is running Shollei out of town, with the aid of the likes of Warsame, and the chief justice? Definitely a story with many undercurrents! and they will run! helter-skelter! BUT Gladys may not be your whiter than white cotton or milk. Here is Dr. Sheema Shah casting aspersions on her modus operandi during the .... www.kenya-today.com/opinion/gladys-shollei-presidential-election-petitionDr Seema Shah was an observer for the Africa Centre for Open Governance during the scrutiny of results documents ordered by the Supreme Court
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Post by OtishOtish on Aug 20, 2013 19:32:33 GMT 3
Jakaswanga:
Your CJ is sometimes a funny man, but he is generally a good man. Before people rain too many blows on his head, they should ask at least two questions:
(a) Was he present when the decision to suspend this worthy lady was made? ***
(b) If so, how did he vote? ***
As for the elections results, even more evidence is emerging that Raila is thoroughly bad man. See the miraa thread, where you will find his dirty hands deep in the pockets of honest Meru merchants.
________________________________________ *** The list you gave above shows 11 people on the JSC. Is that right? Last I heard, the "Man of God" disassociated himself from matters of Mammon. If so, we should have 10 people left. But the vote seems to have been 5-4.
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Post by jakaswanga on Aug 20, 2013 20:48:36 GMT 3
Jakaswanga: Your CJ is sometimes a funny man, but he is generally a good man. Before people rain too many blows on his head, they should ask at least two questions: (a) Was he present when the decision to suspend this worthy lady was made? *** (b) If so, how did he vote? *** As for the elections results, even more evidence is emerging that Raila is thoroughly bad man. See the miraa thread, where you will find his dirty hands deep in the pockets of honest Meru merchants. ________________________________________ *** The list you gave above shows 11 people on the JSC. Is that right? Last I heard, the "Man of God" disassociated himself from matters of Mammon. If so, we should have 10 people left. But the vote seems to have been 5-4. The star reports CJ Mutunga has declared this JSC 'rogue'. Your friend Warsame resurface to do more mischief, if you remember his antics with the vetting board! Gosh! the company Mutunga keeps! A good man ever doing bad things! Me says we do not have a JSC! Where is Kenyatta's boy to issue a decree disbanding this filth! AG Muigai was barred from voting! a fools paradise!
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Post by OtishOtish on Aug 20, 2013 21:19:12 GMT 3
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Post by jakaswanga on Aug 21, 2013 20:19:40 GMT 3
Your friend is much in the news: check what Shollei says about him in her appearance before the parliamentary committee. allafrica.com/stories/201308211453.html?page=2And your other friend, of the African imageries imagery, but who prefers to be called Grand Mullah, is in the thick of it! Your good man Mutunga is merely their play thing! an amusing toy at best, a piece of litter kicked down the alley at worst! A good man you say? But also a real nuisance I think! A very very very funny man!
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Post by OtishOtish on Aug 23, 2013 2:05:49 GMT 3
A judge gets fired for sitting on hundreds of cases for years, carrying them along "like a hump on a camel's back". He gets fired for it. He wakes up, gets to work, and does in 3 months what he was "unable" to do in 8 years. (Quality of work is a discussion for another day.) Forgive and forget and let the man continue eating his share of our great country? Stick to the idea that long-term past performance is a good guide to future performance and that justice delayed is justice denied? If he could perform so quickly after getting fired, why not earlier, in 8+ years? Do we have enough confidence to give him "security of tenure" for the next who knows how many years? www.nation.co.ke/News/LSK+CJ+Mutunga+meddling+with+vetting+of+judges/-/1056/1508706/-/cia2ifz/-/index.htmlThat was almost exactly a year ago to day. Now there is this: www.nation.co.ke/News/Judge+faces+the+sack+for+second+time+over+delays/-/1056/1942744/-/ff4ahb/-/index.htmlOne of the other two has gone "rogue", and we await news on the third. Of course, this has something to say about the Vetting Board.
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Post by jakaswanga on Aug 23, 2013 18:57:57 GMT 3
A judge gets fired for sitting on hundreds of cases for years, carrying them along "like a hump on a camel's back". He gets fired for it. He wakes up, gets to work, and does in 3 months what he was "unable" to do in 8 years. (Quality of work is a discussion for another day.) Forgive and forget and let the man continue eating his share of our great country? Stick to the idea that long-term past performance is a good guide to future performance and that justice delayed is justice denied? If he could perform so quickly after getting fired, why not earlier, in 8+ years? Do we have enough confidence to give him "security of tenure" for the next who knows how many years? www.nation.co.ke/News/LSK+CJ+Mutunga+meddling+with+vetting+of+judges/-/1056/1508706/-/cia2ifz/-/index.htmlThat was almost exactly a year ago to day. Now there is this: www.nation.co.ke/News/Judge+faces+the+sack+for+second+time+over+delays/-/1056/1942744/-/ff4ahb/-/index.htmlOne of the other two has gone "rogue", and we await news on the third. Of course, this has something to say about the Vetting Board. HERE IS SOME ODD BALLING THAT SLUM-DUNKED OUR FAVOURITE WHIPPING BOY The Chief Justice departed from his earlier precedent where he had excluded judges subject to vetting from dealing with vetting cases before the courts. Warsame is an even funnier guy. He has now ordered the Vetting Board to stop its work. I don't know why the other judges didn't think of that before they were thrown out. ;D www.nation.co.ke/News/judges+vetting+board+reject+court+order+to+stop+work/-/1056/1522224/-/5q5xh8/-/index.htmlRE (2) above: The situation seems unclear as to whether a judge who has been ordered to go home may still work pending the outcome of a final appeal. Logic would suggest YES, in which case there would be no issue with Ibrahim continuing to work. The truth is, Mutunga screwed up this thing big time. I understand how far him and Ibrahim have come, but should he have allowed their personal relationship to get into their work? The more things change, t he more they remain the same. That departure from earlier precedent, was also a departure from the correct course. Why he took the detour? Search me, he is a lawyer, aint he?
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Post by jakaswanga on May 7, 2014 23:05:02 GMT 3
A judge gets fired for sitting on hundreds of cases for years, carrying them along "like a hump on a camel's back". He gets fired for it. He wakes up, gets to work, and does in 3 months what he was "unable" to do in 8 years. (Quality of work is a discussion for another day.) Forgive and forget and let the man continue eating his share of our great country? Stick to the idea that long-term past performance is a good guide to future performance and that justice delayed is justice denied? If he could perform so quickly after getting fired, why not earlier, in 8+ years? Do we have enough confidence to give him "security of tenure" for the next who knows how many years? www.nation.co.ke/News/LSK+CJ+Mutunga+meddling+with+vetting+of+judges/-/1056/1508706/-/cia2ifz/-/index.html Otishotish,FAST-FORWARD FROM 2012 TO 2014: www.standardmedia.co.ke/?articleID=2000111180&story_title=petitioner-accuses-mutunga-of-displaying-bias-at-jsc-hearing The case is being heard in closed session before an unnamed Judge! we used to call that IN CAMERA during the Moi-KANU days when there was no GLASNOST! Then there is the other report in which Mutunga has been at a PARLEY with the security chiefs, following VP Ruto's orders to the Judiciary to go into summary executions mode --that is dispense with the tedious business of proof and due protocol, shelve the careful shifting through presented evidence which, hopefully, is presented after thorough investigations by the shoot-to-kill cops! That word parley: Nereah wa Amadi yawa, ere i! www.standardmedia.co.ke/?articleID=2000111177&story_title=judiciary-reaches-out-to-security-chiefs-amid-blame
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Post by OtishOtish on May 8, 2014 1:20:02 GMT 3
Jakaswanga: Lately it seems that just as I am about to settle down and enjoy a bit of Spring, I find you dragging me into all sorts of things. Why is that? As I have stated before, the Hon. CJ is a good man, who has, as one might say, fallen among thieves. And I feel for him that he is still not able to move into his new digs. Bias in the case of Warsamme? Bah! Let's be reasonable people: Your friend is walking into the night, into an area full of hyenas and leopards. Would you not give him at least a pen-knife, if not a good panga, for his protection? Ibrahim? Surely, would you like us to believe that you, as a teacher, have never given a student a bit more time to finish his homework? Focus on more important things: In the last month a few people have died from terrorist attacks, and there has been one hell of a hullaballoo about that ... things to do with finishing all Somalis and all Muslims. Yet in just a couple of days a larger number have succumbed at their local but without creating a similar level of "excitement".*** Does this not call for a War Against Something? A previously unknown group calling itself Al Mama Mboga .... Kenyans, as a people, are known for their great and deep wisdom. Stop poking the bees' hive, and learn from that: kaeni hivyo hivyo, kazi iendelee, accept and move on. _____________________________________________ *** I note that just today the "News From The Counties" is that your Esteemed Governors have redoubled their efforts regarding the flag and "his excellency". No "her". mobile.nation.co.ke/news/Governors-County-Assemblies-Bills-Flags/-/1950946/2307352/-/format/xhtml/-/ar9es7/-/index.html
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Post by podp on May 8, 2014 18:14:47 GMT 3
Jakaswanga: Lately it seems that just as I am about to settle down and enjoy a bit of Spring, I find you dragging me into all sorts of things. Why is that? As I have stated before, the Hon. CJ is a good man, who has, as one might say, fallen among thieves. And I feel for him that he is still not able to move into his new digs. Bias in the case of Warsamme? Bah! Let's be reasonable people: Your friend is walking into the night, into an area full of hyenas and leopards. Would you not give him at least a pen-knife, if not a good panga, for his protection? Ibrahim? Surely, would you like us to believe that you, as a teacher, have never given a student a bit more time to finish his homework? Focus on more important things: In the last month a few people have died from terrorist attacks, and there has been one hell of a hullaballoo about that ... things to do with finishing all Somalis and all Muslims. Yet in just a couple of days a larger number have succumbed at their local but without creating a similar level of "excitement".*** Does this not call for a War Against Something? A previously unknown group calling itself Al Mama Mboga .... Kenyans, as a people, are known for their great and deep wisdom. Stop poking the bees' hive, and learn from that: kaeni hivyo hivyo, kazi iendelee, accept and move on. _____________________________________________ *** I note that just today the "News From The Counties" is that your Esteemed Governors have redoubled their efforts regarding the flag and "his excellency". No "her". mobile.nation.co.ke/news/Governors-County-Assemblies-Bills-Flags/-/1950946/2307352/-/format/xhtml/-/ar9es7/-/index.htmlred high light we are stricken with selective amnesia. there was a painful narration in one local FM station how a matatu bound to city center from Kileleshwa was shunned by non Somali Kenyans just because a Somali Kenyan had boarded it. then we had call ins concerning the illicit brews and many were saying the guys to punish should be the distributors, while many said the mama pimas and not a handful had their pulse on what is red high lighted! the worst that befell 'one of us' was www.nation.co.ke/news/Company-that-manufactured-killer-liquor-closed/-/1056/2307840/-/e08e00z/-/index.html
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Post by jakaswanga on May 8, 2014 18:26:24 GMT 3
DPork William Ruto wants the Judiciary to cut corners with the law. He does not want any more releases on bonds. Nor excusals the kind Lawyer Khan argued eloquently for him at )the Hague! --- The guy is a suspect on crimes against humanity, which, if you ask me, is not a charge far from 'terrorism'' anyway!But, the current security situation dictates that --no bonds for terror suspects! This is a war on terror, and the clauses protecting and guaranteeing the rights of suspects, especially terror suspects, are, in the mind of this lunatic, a luxury we can not afford. To defend you and I, he orders the judiciary, or advices the soft-hearted CJ Mutunga and his naïve benches if you like, to run a tighter regime. To wisen up and lock fellas up even if the evidence does not call for nor sustain it in law! ---Remember Donald Rumsfeld and his enemy combatants theory, which meant Guantanamo Bay, and the global end of American exceptionalism and self-righteousness. Just another ordinary torture-land despite Barrack Obama’s Nobel Peace Price!Now, for a man worth his paygrade in this job, I expect the CJ’s office to put up an immediate put down at the address of the Vice President, the tough-talking Sir William ‘Dick Cheney’ Ruto, aka ICC renegade. But Mutunga disappoints me, he caves in and goes into a parley with the security bosses ---the head of the army and the chief of intelligence. ‘’Yes sirs and excellencies! this situation is so dire, we will cut corners with the constitution! At your service! –Just like with that electoral petition!’’ Now, in my opinion, a more sensible approach would be this. (Far more robust than the good girl Jane Amadi proposes). Protecting the principle of non-inteference in the judiciary by politicians. ‘’ First: Mr. Ruto, in the premise of separation of powers, the Judiciary does not need advice from you, deputy PORK or not. We posses the brain-power and training, posses the mental wherewithal and the constitutional knowhow to adequately do our job as per the constitution without political meddling. Never ever tell me, nor the bench fraternity, how to read, interpret and apply the constitution in whatever case. It is our profession and mandated public brief, not yours. If you want to be a Judge, prosecutor or otherwise, study law and apply to join our benches.
However, if you think, or seriously feel that the current laws are inadequate to combat terrorism, and their application wanting, your best option is to propose, as a government, author new draconian, more stringent and repressive laws, go through the rigmarole of parliamentary debate and, by virtue of your working majority in both houses --senate and parliament--, have them enacted into law, as the new anti-terror acts. These new laws having been gazetted and, signed by the president, officially promulgated into effect, we as the bench would have no alternative but to proceed to put them into practice.
Remember the detention without trial act!? Yes, Mr. Ruto excellency sir, you could use that defunct law as inspiration once more!
But if you are not proposing any new laws and having them passed in parliament in correct procedure, and you merely want us to abuse the existent laws by lowering the standards of evidence, being less rigorous in ascertaining facts, deliberately being vindictive toward Somalis, then I am afraid sir, you are off your rocker, or, in other words, are a dunderhead and residue of the pre-promulgation era of the new constitution.
Alternatively, convince your ICC buddy HE the president to declare a state of emergency. That will allow you to terrorise the Somalis at will, without the stringent evidential requirements of the current Law. But never ever tell us of the bench how to interpret the law!’’ How would you react if some president declared that these ICC suspects from Kenya should never be granted bail! But locked up at the Hague for public safety! Thinking a bit does not hurt that much really! –Do unto others as you would have others do unto you. And I am not the born again Chrisitian here! He he he!
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Post by jakaswanga on May 8, 2014 18:29:06 GMT 3
Jakaswanga: Lately it seems that just as I am about to settle down and enjoy a bit of Spring, I find you dragging me into all sorts of things. Why is that? Do you really want me to honestly answer this!? and a civil war break out!? will you bear responsibilty!
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