STOP THIEVES! ---CJ Mutunga $ The JSC! --HUYO! HUYO! waizi!

[jakaswanga]

THE NYONGESA-LED REBELLION FROM THE COAST, THE JUDICIARY IN SHAMBLES!

This putsch from the coast against the Nairobi-based CJ, does it surprise anyone?

Pwani wants to be Kenya!

Of course there are succession battles in the background, and of course this is coupled with sectarian, departmental and fraternity intrigues, but for all these, the glaring if not infantile incompetence of Dr. Willy Mutunga, amply amplified on several occasions on Jukwaa and other blogosphere, has no doubt helped create a fertile ground for brooding this coastal rebellion.

The corruption scams which claimed the scalp of Gladys Shollei we avoid for the moment!

There are things we call 'children's sores', and these ailments customarily afflict new systems, growing up kids. They are the pitfalls of inexperience. (Some will recall a first time out in the real world with a condom can be a clumsy affair, resulting even in a dikjam.)
Mutunga's tenure has been a very flaccid affair, and hot Kenya would be damned if she did not show signs of healthy disgust, even mocking contempt --like in this rumour doing the rounds in merry Kisumu.

In this light, the Nyongesa rebellion is just one facet of this popular disaffection. The Judges Go-Slow –--which has seen LSK CEO Apollo Mboya move to have my dear Njoki Ndung'u fired is another. Loud wails by the likes of Kamalet of Jukwaa, to the effect that we have a bad constitution, is another aspect of this general disgust. The TSC and other state bodies like the Presidency, the Army and the rest who have ignored the court rulings, are yet another phase of the implied contempt at the CJ-led bench. Loud and clear they are telling the JSC and whoever may care to listen, that the Judiciary is an impotent body, in effect a sham kept only to intimidate and dispatch the powerless.

The latest report on extra-judicial killings by the police (and the ATPU) paints a picture of an irrelevant Judiciary. The fearsome police are a unity: Prosecutor, Juror and executioner. Who needs a court? (that is to say the anti-terrorist squad believes the judiciary is terrorist corruptible, is not bribery proof, and must thus be treated with contempt!)

Raise your hand O learned friend! Rise and be counted,
if you vouch the Kenyan Judiciary clears the bar for Ceasar's wife!
(beyond reproach!)

Willy Mutunga was of course mentally broken long ago; –---he offered no intellectual defence of his swearing in of ICC-indictees as Prezzo and deputy Prezzo. Politically speaking, and prudently expedient, the reasoning that Kenyans by virtue of having voted the indictees in, bestowed upon them a sovereignty that doubled up as a cleansing act and an immunity, a total vindication, is sufficient to argue, but legally, morally, and conscientiously in the light (and spirit) of a modernist constitution with an integrity chapter meant to safeguard the moral aptitude of Kenyans delegated to the highest offices of the land, there was and remains a need to exert brain cells in exacting thought. Here the CJ as a scholar openly absconded from intellectual duty, and thus, as far as I know, threw in his mental towels so to speak in the ring.

Such a great dereliction of duty can only be if one is broken, punched out or surrendered willingly or induced for a fee. Hiding behind officialdom –--becrying the need for his office to be above politics of the day, only served to underline his mental shrinkage.

Now, Bad Boy Otishotish couldn't bring himself to call a spade a spade. No doubt out of a loyalty to the fraternity of learned friends, to which circle he belongs. Otisho therefore talked euphemistically of CJ Mutunga being a funny man.

How funny? Hmmm. Otish himself was being funny!

The likes of Justice Adongo, then a Jukwaa veteran running blind on Canadian patriotism, praised the new CJ to the heavens after the man made some populist decoy pronouncements on integrity. The likes of ex Canadian Onyango Oloo, the wrong way balancing loyalty to old comradeship with discomforting premonitions arising from materialist analysis, failed to unmask the new CJ as a petit bourgeoisie totem, held aloft by the wily comprador like a holy relic to mesmerise a superstitious mob, a mob enchanted in trance by loose talk of paradise found a new constitutional dawn.

But of course –----howbeit the unfoolable types like Nereah nyar Amadi bull-eyed the fake at once! The cat lept out of the bag as a famous Parley. Mutunga privately went to assure Daniel Arap Moi all would be well! Caught pants down, he put up a spirited and defiant defence like Anne Waiguru today.
Well, some us have been around Africa too long not to read writings on the wall even if ghostly subtle. From then on it would merely be a clinical exercise in calibrating a public degeneration. And so it was no surprise that with Mutunga at its helm, the JSC became a can of worms, grime and scum lower than the past!

Koti bandia! Raila retracted, but he was bolting the stable doors after the horse was sped. And he let us in on a honest elite feel.

But here is John Githon'go still unconvinced by Nereah.

www.the-star.co.ke/news/fighting-soul-law-society-kenya

Last Saturday the LSK’s Annual General Meeting ended in acrimony with the Chair of the Society Eric Mutua and his Council being forced to literally truncate the meeting and dodge the membership out a side door.
Similar events played out last March over the same issues. the melee was televised for the country to watch and reported for all to read.
For those who remember the LSK of the late 1980s and into the 1990s, which also had heated meetings, this display was disheartening.
www.the-star.co.ke/news/fighting-soul-law-society-kenya#sthash.VupLtDr4.dpuf

and cry the beloved country for your past

The law Society of Kenya, the professional association of Kenya’s legal fraternity, is historically the richest, most politically dynamic, influential, articulate and progressive section of Kenyan ‘civic society’.
Kenya would not be a multiparty democracy today had it not been for the activism of the LSK in the 1990s.

Long ago we used to debate A teacher is better than a doctor. How about a Kenyan lawyer is worse than a Kenyan politician, for debate!?

[jakaswanga]

That fellow at the CID to whom Waiguru reported: anybody remember his name!? he failed to crack it. The Banking fraud unit --I think thanks to Dr. Patrick Njoroge--- isn't as ... emm ... should we say lacklustre as the CID, or well, the Raila-arresting EACC. A few good men doing a job is always a result!

The Banking Fraud Investigation Unit (BFIU) says in court filings that Mr Gethi and other suspected beneficiaries wired funds to lawyers who then purchased property on their behalf, with some of the legal agents registering property in their law firms’ names to ward off attention.

Jeremiah Sautet, an investigator, has cited Ogola & Mujera Advocates LLP, Glinnis Kigera & Company, Martin Muthomi Gitonga & Company and Waweru Kihara Company Advocates as some[/b] of the law firms used to acquire property with the NYS funds.

The Assets Recovery Agency (ARA) has filed a suit seeking to recover assets worth Sh585 million from some of the alleged perpetrators, including Mr Gethi, his family, businesswoman Josephine Kabura, John Kago and lawyers Patrick Ogola and Marin Muthomi.

Elsewhere we saw the continental picture.

Various illegal schemes deployed by phantom firms … etc etc

www.premiumtimesng.com/news/headlines/167866-​malabu-like-deals-cost-nigeria-other-developing-nations-1-trillion-yearly-report.html

The group said the loss was not development aid, but monies generated from the exploitation of natural resources and tax revenues illegally siphoned out of developing countries.

The report identified various illegal schemes deployed by phantom firms to commit these crimes, including money laundering and tax evasion.

Phantom firms are used in the theft of public funds, illegal tax evasion and money laundering by hiding the identities of individuals who profit from illegal activities, including trafficking of arms, drugs and people.
The report titled “The Trillion Dollar Scandal”, launched ahead of the G20 summit billed for November, estimated that about 3.6 million deaths as a result of poverty, hunger and disease could have been prevented each year in the world’s poorest countries if concrete actions were taken to end the secrecy allowing corruption and criminality to thrive.

Read more: jukwaa.proboards.com/thread/9435/boko-haram-halal-african-mao#ixzz3uQERX010

This small Kenyan case where 800M was lost offers a local test-tube case: systematic. If one were to get to the bottom of of all the scams in the republic, how many law-firms would be left standing!? The JSC, unlike our KNUT and KUPPET, is an appex of rot! It is an open secret, but not yet documented in public. Open secret like who is the prostitute in your street, yet they do not carry that business card written who-re. So too the JSC are scumbugs, but their business cards say different!)

How lawyers helped Ben Gethi to launder NYS millions

The Assets Recovery Agency (ARA) has filed a suit seeking to recover assets worth Sh585 million from some of the alleged perpetrators, including Mr Gethi, his family, businesswoman Josephine Kabura, John Kago and lawyers Patrick Ogola and Marin Muthomi.

“I established a pattern where the money would be transferred from the said accounts from John Kago or other companies who would then transfer to various firms of advocates. The advocates would then apply the funds towards purchase of various properties,” Mr Sautet says in a sworn affidavit.
www.businessdailyafrica.com/How-lawyers-helped-Ben-Gethi-to-launder-NYS-millions/-/539546/2998084/-/10ql6y4/-/index.html

Hmm, I want lawyers to argue their innocence when they launder loot, and more importantly, loot from Wanjiku's hard-pressed purse.

I wanna hear the scumbug Mutunga make this ruling: they will not be disbarred. ethically controversial, but they were just performing their natural, constitutional and professional duties.

I want to hear that kind of legiti-sh!t from the legal fraternity, them learned friends, because I want to push a different opinion, educated and reality seasoned. Dark and ruthless as I have learnt Africa is in my travels around the continent. I seen them burn car thieves in Nigeria to the sound of juju drums and cow-horns. Old 2Nd or 10TH-hand cars worth 200K! And you study law and you launder stolen public money, you think your fate is gonna be better!?

Times a-changed in this rising Africa! Its a new drum beat out there. When Ouru Kenyatta identifies corruption as an issue of national security, it checks out to these kind of lawyers are as bad as terrorists. And that is a shoot on sight fellow!
Any disputations?

[jakaswanga]

THE GARBAGE RECYCLING RACKET IN NAIROBI

I like the phrase capital cities are a garbage recycling yard. I can't tie the honours down to either France or the USA as the originator. I know a cynical Frenchman looked at the Parisian political elite and saw an incestuous pool; and across the pond in DC, the revolving door between Wall Street and Capitol hill too, was described by an American patriot as the garbage recycling circuit.

When I saw a picture of Judge Mohamed 'CamelBack' Ibrahim as one of the certified wise old men to inquire into their fellow rot called Tonui, I thought strongly of the garbage recycling assertions from other continents. And as for the retiring Wily Mutunga, I believe his conscience and mind are robust enough to internally punish him the severest for his MOBUTIST regime.

The Kenyan Judiciary is a perfect garbage recycling circuit. The Ying may be the corrupt bench, take your pick, and the Yang that completes the double helix is the fraternity of practising lawyers. Together they make up the Unity of the bandia system of justice. Howbeit this serves well the bandit political elite and bandia economic elite, to run the BANDIT ECONOMY! -dAMMN, it is a system behold!

But it is official now. And I am not heckling: WEZI TUPU!

By GITAU WARIGI: It is not even a rat you smell in this Supreme Court thing. It is far worse. Make no mistake, this stuff, as it unravels, will have far-reaching ramifications, even touching on the question of the very existence of the Supreme Court itself.
Do we need the outfit? It sits only occasionally to deliver an “opinion” on something or other, all of which have never been particularly profound.
Like the Senate, it is an expensive appendage we probably don’t need.

Personally I think we need the court, but only to function as a council of Solomon's who do not get paid. Pro Bono. Eminent retired Judges showing off legal sagacity amassed over they years of study and practice. Delivering Opinions for posterity. –--For free!

But the way it is now, it is a substandard product being sold to Wanjiku at inflated prices. A rip off. Koti Bandia! And when I am ripped off I return to sender. And if it is money once paid can not be refunded, I plot to get even in the dark. I do not get my money by charity. I am wont to be cross with those who rob me, even if they boast Opus Dei moral piety and assure me the Eurobond is fine, and those confusion in dates are a negligible matter sum!

But for COURTS one might remember half a loaf is better than no loaf: Could it be in similar vein, a corrupt court is better than no court at all? that a bit of law and order is better than total lawlessness? History is guaranteed to always give a land a choice between a rock and a hard place, between the devil or the deep sea.
What is obvious is that the 2010 constitution makes Kenya a bit like Zimbabwe and Algeria. These two lands, the joke goes around Africa, are under half-dead presidents, the so called Coffin Heads of State. Me draws the parallel Kenya is under a half-dead constitution.

January 31, 2016. The Angels of the Supreme Court face looming disaster

www.nation.co.ke/oped/Opinion/The-Angels-of-the-Supreme-Court/-/440808/3055926/-/12l9akuz/-/index.html



Law Society of Kenya President Erick Mutua and his Vice President Lilian Renee Omondi addressing journalists in Nairobi on September 7,2015 on retirement of Judges who have attained the age of 70 years.

When the saga at the Supreme Court broke out, Law Society of Kenya chairman Eric Mutua appeared on a TV talk show with an interesting hypothesis.

A Sh200 million bribe sounds excessive for an old judge earning somewhere around Sh750,000 a month, waiting for a pension.
But, in Mr Mutua’s reckoning, the heart of the matter is that you, as the judge, know you can’t determine a case alone.

The seven-member Supreme Court bench rules through a majority, in this case of at least four. So that should explain the large outlay of cash. You can see where the LSK chairman was leading to. It was all hypothetical, of course.
I presume anybody who seeks to influence a judgment of the Supreme Court would know all this.
Actually Mr Mutua was echoing what every ordinary fellow on the street cynically thinks about the story.

SH200 MILLION

I had my doubts how Sh200 million can fit in a normal briefcase. But if the money is in dollars, that’s easy. And one doesn’t have to go to a bank to withdraw or cash the dollars, otherwise red flags will be raised all over.
Unless you are a total bumpkin, you should know there are people in this town who keep such amounts in their houses. Ask yourself why the EACC has formed a habit of raiding suspects in their homes to look for safes.

In the particular Evans Kidero case, the Supreme Court sat as five members at the time the ruling was delivered. Chief Justice Willy Mutunga reportedly was out of the country.
His deputy, Judge Kalpana Rawal, was not around either. Of the remainder, four judges ruled in favour of the governor. One dissented.

(Then there is an important question that one must not lose sight of. Can a dissent be faked in order to give the impression that there was a spirited debate before the final ruling?)
A reading of the explosive affidavit behind this whole saga implicitly spares no-one on this so-called highest Bench – with the possible exception of the CJ.

It is not even a rat you smell in this Supreme Court thing. It is far worse. Make no mistake, this stuff, as it unravels, will have far-reaching ramifications, even touching on the question of the very existence of the Supreme Court itself.
Do we need the outfit? It sits only occasionally to deliver an “opinion” on something or other, all of which have never been particularly profound.
Like the Senate, it is an expensive appendage we probably don’t need. I am inclined to agree with some lawyers who desire drastic amendments to the law to expunge this court. An ad hoc bench from the Appeals Court can be constituted when needed for presidential petitions or such other major occurrences.
One newspaper reported last week that the National Intelligence Service has records of text conversations between the judge in question and the self-styled whistleblower, a village journalist called Geoffrey Kiplagat.

During a TV interview after his name was mentioned, Justice Philip Tunoi had stated very categorically that he did not know, had never met, and had never talked to the fellow. If that assertion gets contradicted, his goose is as well as cooked.
I am not blind to the conspiracy angle which the judge alluded to.
The affidavit in question was sworn way back in 2014. Suddenly it has emerged many months later when Dr Mutunga’s retirement is due in June.

POWERFUL FORCES

Wait a minute: you are telling me a rural media wannabe sat in an Elgeyo-Marakwet pub one day and dreamed of bringing down a Supreme Court judge?
Nah. He looks to be a pawn. Caught up in the vortex of very powerful forces who probably want to reshape, if not destroy, the idle court ahead of 2017.

There is also an odd convergence of interests. There is Dr Mutunga, who had hoped to tame the Judiciary to his liking – but failed. Then there is the political Opposition, which is still furious with the Supreme Court because it did not come to their aid when they were defeated by Uhuru Kenyatta in 2013.
Then there is the ruling Executive, which has been fuming over some security-related rulings from the Judiciary and clearly must want to have a hand in shaping the post-Mutunga Judiciary.
It is interesting that, with the exception of the rather voluble Dr Mutunga, the other two sides are curiously silent on the unfolding drama.

[kamalet]

As is typical of Kenyan Institutions, the Supreme Court is suffering from self inflicted wounds. The Supreme Court in my view arrogated to itself the role of the final appeal court on virtually everything that comes out of the lower courts notwithstanding the clear roles spelt out in the constitution:


(3)
The Supreme Court shall have—
(a)
exclusive original jurisdiction to hear and determine disputes relating to the elections to the office of President arising under Article 140; and
(b)
subject to clauses (4) and (5), appellate jurisdiction to hear and determine appeals from—
(i) the Court of Appeal; and
(ii) any other court or tribunal as prescribed by national legislation.
(4)
Appeals shall lie from the Court of Appeal to the Supreme Court—
(a)
as of right in any case involving the interpretation or application of this Constitution; and
(b)
in any other case in which the Supreme Court, or the Court of Appeal, certifies that a matter of general public importance is involved, subject to clause (5).
(5)
A certification by the Court of Appeal under clause (4)(b) may be reviewed by the Supreme Court, and either affirmed, varied or overturned.

In arrogating itself this power to even hear petition court appeals, it opened itself to the possibility of being involved with corrupt litigants and the good judges being human like you and I, it was inevitable that the corruption we now hear of would rear its ugly head. After all, if the judges in the lower courts are eating, why should'nt our own bench eat? This might explain why some want to serve another 4 years past their retirement age of 70 year.

So poor Kenyans are now in trouble if corruption covers the three arms of government and it gets worse when the Fourth Estate is equally corrupt!

[mwalimumkuu]

Mutunga and his team at the JSC have done the right thing on Tunoi's case. Unlike IEBC which buckled under pressure on Wetangula issue, the JSC has lived to expectations. The ball is now in the president's hands and with the men and women he will appoint to lead the tribunal. If I were to advise justice Tunoi, the die is cast, he should vacate and face criminal charges quietly. Kidero too must read signs of the day and do the needful.



~~ Mwalimumkuu @nyumbakubwa ~~

[kamalet]

Feb 6, 2016 1:59:45 GMT 3 mwalimumkuu said:

Mutunga and his team at the JSC have done the right thing on Tunoi's case. Unlike IEBC which buckled under pressure on Wetangula issue, the JSC has lived to expectations. The ball is now in the president's hands and with the men and women he will appoint to lead the tribunal. If I were to advise justice Tunoi, the die is cast, he should vacate and face criminal charges quietly. Kidero too must read signs of the day and do the needful.



~~ Mwalimumkuu @nyumbakubwa ~~

Mwalimu

I highly doubt the JSC would have taken a different route at the risk of being accused of protecting one of their own and all it did was a Pontius Pilate action of washing their hands and leaving the tribunal to decide. We could even be dealt a bad hand by the tribunal which rules for the firing of Tunoi and the man appeals to the Supreme Court where it would be inevitable that the brothers and sisters would allow him back.

This might explain why Tunoi is insisting on going the tribunal route where he will be found guilty and probably be released by the Supreme Court which might not want to risk the possibility of Tunoi spilling the beans on his colleagues who may have 'eaten' with him.

Either way Kenyans are screwed!

[mwalimumkuu]

Feb 7, 2016 17:44:30 GMT 3 kamalet said:

Feb 6, 2016 1:59:45 GMT 3 mwalimumkuu said:

Mutunga and his team at the JSC have done the right thing on Tunoi's case. Unlike IEBC which buckled under pressure on Wetangula issue, the JSC has lived to expectations. The ball is now in the president's hands and with the men and women he will appoint to lead the tribunal. If I were to advise justice Tunoi, the die is cast, he should vacate and face criminal charges quietly. Kidero too must read signs of the day and do the needful.



~~ Mwalimumkuu @nyumbakubwa ~~

Mwalimu

I highly doubt the JSC would have taken a different route at the risk of being accused of protecting one of their own and all it did was a Pontius Pilate action of washing their hands and leaving the tribunal to decide. We could even be dealt a bad hand by the tribunal which rules for the firing of Tunoi and the man appeals to the Supreme Court where it would be inevitable that the brothers and sisters would allow him back.

This might explain why Tunoi is insisting on going the tribunal route where he will be found guilty and probably be released by the Supreme Court which might not want to risk the possibility of Tunoi spilling the beans on his colleagues who may have 'eaten' with him.

Either way Kenyans are screwed!

Kamale:

I see where you are coming from, and I saw Kidero prodding the besieged judge to stay on. Kidero knows, if the judge stays on, they have another chance of trying to bribe someone else or several people and maybe survive the shame and jail that is staring them right in the eye.

Whichever way, one looks at it, the judge, particularly is between a rock and a blue sea. If he stays on, there is very overwhelming evidence that he in many ways was compromised by the Kidero crew and will exit the judiciary a very disgraced man. After a process which the DPP is likely to open criminal proceedings against the mzee. If he resigns, yes the tribunal will no longer be necessary but it will not mean he is innocent and the DPP will as well open criminal proceedings against him. So far, as you hinted above, the mzee seems to think the tribunal serves him better for the simple reason that the supreme court which he will likely appeal to, could get him off the hook. For Kidero, these are interesting times. The poor Mumias farmers may just have some justice after all even though not for reasons they have directed their curses the governor's way.


~~ Mwalimumkuu @nyumbakubwa ~~

[jakaswanga]

THE DEMISE OF CJ WILLY MUTUNGA IN THE MPIGSTY

MPs accuse CJ Mutunga of poor leadership, recommend probe on JSC Commissioners

By Moses Njagih Updated Friday, February 12th 2016

Nairobi, Kenya: MPs have demanded that a Supreme Court judge, Court of Appeal judge, a chief magistrate and a senior lawyer be investigated for alleged financial improprieties at the Judicial Service Commission (JSC). MPs last evening recommended that

1. Supreme Court judge Smokin Wanjala,
2. Court of Appeal judge Mohammed Warsame, and
3. Chief Magistrate Emily Ominde be investigated by the Ethics and Anti Corruption Commission.

And in a drastic move the MPs resolved that the implicated commissioners still sitting in the JSC should vacate office pending the investigations, which targets Wanjala, Warsame and Ominde.

4. Senior counsel Ahmednasir Abdullahi,
5. Samuel Kobia and
6. Christine Mango are former JSC commissioners that will also face a probe over alleged drawing of illegal and irregular allowances when they served as commissioners after MPs endorsed a watchdog committee report.

The lawmakers adopted the Public Accounts Committee (PAC) report on the special audit of JSC and Judiciary alongside amendments that required the six to be investigated. The House also adopted a recommendation for
7. former registrar of the judiciary Gladys Shollei

to be investigated for her alleged role in the misappropriation of Sh2.2 billion during her tenure in office.

See also: Our desire for stolen wealth holding back the country

Justice and Legal Affairs committee chairman Samuel Chepkonga moved the amendment to have the six former and serving commissioners investigated by EACC.

www.standardmedia.co.ke/?articleID=2000191452&story_title=Kenya-mps-accuse-cj-mutunga-of-poor-leadership-recommend-probe-on-jsc-commissioners ,,

–-How did it come to pass, that ace learned friends and leading lights in the Judiciary, became scumbags to be scavenged raw by Mpigs!? ---Aaah, a battle royal between thieves? a mafia clan civil war!? intra-bandit strife!?

Yap, Old Jukwaa has been on a bit of a wake for the CJ (and his scumbag motley crew). His burial was a foregone conclusion. Of course many a learned friend on the blog took the ostrich position; many an old friend fought a gallant corner on his behalf, and many a honest man, like Otishotish, hanging thin on a desperate objectivity, gave him the benefit of doubt to death. Alas, it all added up to naught. Nay, relentless and ruthless I for one interrogated the CJ's head to shreds, for that is the only way I know how to respect a man of good mind.
And I suspect Mutunga is of a good mind, though spectacularly dysfunctional.

From the moment hawk-minded Nereah caught him pants down in a parley with the old dictator Moi and he failed to think it through, I considered him dead meat and went to re-read No Longer at Ease to spy on his coming fate. A fate he would fight against but would consume him nevertheless. He seemed naive and unaware of the contradictions under his lofty seat.

Fate that would consume him? No, not that he would literally stand trial for corruption like Obi Okonkwo (the famous protagonist in Achebe's famous novel), but the parallel that at the end, a lot of people would be like the baffled old Englishman Mr. Green, wondering how it came to pass, that such a highly-educated and intensely intelligent pro-peoples promise, equalled a zero at long last. Where did it all go wrong, yawa!?

Needles to say, Achebe expertly takes us through a narrative of how all that came to pass. And wins our sympathy for Obi. (How could Mutunga refuse to swear in duly elected ICC indictees! talk about dilemmas)
Unfortunately I am a character shaped by raw Africa today. I study the cynical cruelty in the heart of my distant cousin Obama as he runs empire, visiting drone-death upon hapless mortals without trial nor conviction. Then do I only have the tip of the bayonet for the throats of latter day Obi's across the rising at a sinking rate continent. And that tip of the bayonet, is moving on, through.

Mutunga was the hope of progressive Kenya and he failed. We have to be merciless, set standards, to prepare the next fella who will dare shoulder the hopes and aspirations of a people. Fearing the guillotine fate of his predecessor, such a one will get to work from day one. --No parleys. No lacklustre vetting charades, no incestuous recycling of garbage at the JSC. Etc etc.

September 12, 2015. Powerful House committee issues devastating scorecard on Mutunga

www.nation.co.ke/news/politics/Mutunga-has-lost-it-say-MPs-in-damning-report/-/1064/2868186/-/11j96hm/-/index.html

A powerful parliamentary watchdog committee has issued a devastating indictment of Chief Justice Willy Mutunga’s leadership of the Judiciary, accusing him of failing to assert himself as officials engage in activities which cost taxpayers millions of shillings.
In a new 144-page report tabled in the National Assembly, the Public Accounts Committee (PAC) paints a picture of a “headless” Judiciary in which Dr Mutunga was seemingly unable to control his officials amid massive misappropriation of resources and routine flouting of laid-down rules for management of public funds.

The Judiciary itself as a 'bandit outfit'?! And it took a pot to call the kettle black!?
But watch how nice Justin Muturi was to his fellow lawyer

November 13, 2015. Speaker faults Mutunga for addressing Parliament 'through the media'

National Assembly Speaker Justin Muturi has criticised Chief Justice Willy Mutunga for giving to the media a letter he (the CJ) wrote to the leadership of the House regarding a damning report on the Judiciary's management.
At the same time, the Speaker stopped debate on the Public Accounts Committee's (PAC) report on a special audit of the Judicial Service Commission, which is headed by Dr Mutunga.

he stopped the debate! Knowing full well the risks. That is a friend in deed.[/i]

The Speaker deferred debate on the report by the PAC on a special audit of the Judiciary until after his ruling on Wednesday or Thursday.

He gave hints on what the House should not compromise on and also criticised Dr Mutunga for sharing his letters to the leadership of the National Assembly with the media.
"This matter could have been handled differently had the Chief Justice merely written to me or to the chairman of the PAC. You cannot write a letter and take it to the media," said Mr Muturi.
Mr Muturi said that from the trail of correspondence between the Chief Justice and PAC, it was clear he was given whatever he asked for from the committee, which also took the unusual step of sending him the questions he was required to answer.

The correspondence shows the Chief Justice dilly-dallied on whether to meet the PAC.

A bit hubris too with Willy, as was with Obi.

I can resist paying a tribute to some of these gurus for a lesson well taught. It is a foundation of granite, these men of African letters who took on the African reality soon after independence: Achebe, Soyinka, Ngugi, P'Bitek, Armah, just to mention a few. –--So one can relax and watch the repetion, and argue with a younger generation: farce or tragedy!? Willy Mutunga as Obi Okonkwo!?

[jakaswanga]

TUNOI THE CAN OF WORMS! SO ROTTEN HIS REVELATIONS WOULD COLLAPSE THE WHOLE HOUSE OF CARDS CALLED THE ESTABLISHMENT?

WHY IS STATE HOUSE IS SCARED SH!TLESS? WITH PM KINYUA AND NOT AG MUIGAI WRITING THE REJECTION.

February 22, 2016. Uhuru Kenyatta declines to form tribunal to probe Justice Tunoi
In Summary
The letter states that the President is required to suspend the judge from office and thereafter appoint a tribunal.
Justice Philip Tunoi has already been declared by a court of competent jurisdiction to have “retired from office on attaining the age of seventy years”.

By PETER LEFTIE

www.nation.co.ke/news/Uhuru-Kenyatta-declines-to-form-tribunal-to-probe-Tunoi/-/1056/3087810/-/p7tt8xz/-/index.html

Embattled Supreme Court Judge Philip Tunoi has received a lifeline after President Kenyatta declined to suspend him and form a tribunal to investigate claims that he received a Sh200 million bribe.
In a letter to the Chief Justice and chairman of the Judicial Service Commission (JSC), Dr Willy Mutunga, dated February 19, President Kenyatta argued that suspending the Judge would occasion a constitutional crisis and advised that they await the outcome of an appeal he (Tunoi) had filed challenging a High Court decision to retire him after attaining seventy years of age.

President Kenyatta’s letter, sent to Dr Mutunga through Chief of Staff and Head of Public Service Joseph Kinyua states: “Our attention has been drawn to the decision of the high court in Petition No. 224 of 2014 where the court at Para 398 concluded that the petitioners (justices Philip Tunoi and David Onyancha), like other judges serving on the effective date, transited into the new constitution under section 31(2); and post-vetting, that they serve on the terms thereunder, including article 167(1) which states that a judge shall retire from office on attaining the age of seventy years.

RETIRED

“We further note that an appeal against the decision of the High Court has been instituted and is pending before the Court of Appeal and that the Court has yet to pronounce itself on the matter, consequently, the decision of the High Court stands,” it further states.
The letter states that the President is required to suspend the judge from office and thereafter appoint a tribunal.

“However, Justice Philip Tunoi has already been declared by a court of competent jurisdiction to have “retired from office on attaining the age of seventy years” and as the Court of Appeal is now seized of, and is due to make a determination on this same matter, it may rule either in favour of, or overturn the decision of the High Court,’ the President explains.
“At this particular moment in time when the Appeal is still pending and where the status of the Judge is subject to judicial consideration, implementing the recommendation of the Judicial Service Commission in line with Article 168(5) would create a constitutional crisis. We therefore propose that we await the outcome of the judicial process after which we will process the petition as required by the Constitution and the Law,” he concludes.

The JSC had early this month written to President Kenyatta recommending that he appoint a tribunal to investigate claims that the judge received a bribe from Nairobi Governor Evans Kidero to rule in his favour in an election petition.

SUPREME COURT

This is after a special committee formed by the JSC and chaired by Public Service Commission chairwoman Margaret Kobia ruled that there were sufficient grounds for the matter to be investigated further.
Mr Mutunga had noted that the commission was satisfied that there was “inappropriate interaction and communication” between Justice Tunoi and an agent of a litigant in a matter that was pending before the Supreme Court.

“This in the opinion of the commission amounts to gross misconduct and misbehaviour, sufficient to warrant the establishment of a tribunal to further investigate the matter,” the CJ stated.
Had the President formed the tribunal, Justice Tunoi would have remained suspended and on half salary for the entire duration of the investigation.
The outcome of the investigations could also have far-reaching implications on Dr Kidero’s political career, with the petitioner in the matter, Kabete MP Ferdinand Waititu, threatening to move to the Supreme Court to have the ruling that upheld the governor’s election set aside in light of the damaging allegations.

But is it really worthwile taking the JSC seriously? We agreed long ago they are scumbags. --Why should the president be bothered by scumbags? he should be if he is blackmailable. Scumbags can be very leecherous!

[jakaswanga]

THE NAIVE NATIVE AND THE SMART ALECS OF HIGH STREET

Coming in the wake of Kaplan and Stratton suing the EABC and having a court set free the accounts where NYS loot or contraband cash was stationed awaiting clearance to secret or offshore rendezvous, here is more mischief perpetrated by the fraternity of learned friends. That is the attorneys in concert with the benches.

It emerged another suspect, lawyer Patrick Ogolla, approached Justice George Odunga on Monday evening and successfully obtained temporary orders suspending his trial.

“There are orders staying prosecution in this matter,” the prosecution told chief magistrate Daniel Ogembo.

Others are no show, others are having their trials suspended. May be they need each other like Uhuru Kenyatta needs his deputy William Ruto. Muigai can not get rid of the Singh, however much the Kalasinga stinks. And after that dik-stiffening win in Kericho! eeeh! wacha wewe rais!

Note: Every Kenya long recognised the Judiciary is rotten, but unlike the traffic police who wont be bothered to pretend by the roadside what they chief business is, our top graduates of the Nairobi law school are sticklers for keeping up appearances and semblances of decorum. That means their performance is invariable shades of comedy, sometimes nasty, like that stark naked mad man at the market who is inviting everybody to admire his expensive suit, toying with himself.
At its best, hot comedy was the police commissioner who refused to hand over his bank statements to the vetting board; he wouldn't dare, because his wife would be very annoyed with him. And that was not a risk worth taking for promotion in the police force!

Those are our down to earth Kiganjo men. And with Moses Wetangula bandaged beyond recognition after his wife went to work on him extra amorously, where is the Kenyan to argue with the prudence of our top cop?

TOP TIER ACCESSORIES TO LOOT.

Remember they do not come more senior than Kaplan and Stratton, nor more ancient, illustrious and reputable. They call it a top-tier law firm. Of course they are, and that is exactly why Kaiser Soze, the Lord of all Kenyan Thieves --even Mutahi Ngunyi is now advertising his existence, uses them to disappear and dissipate the trail of the hundred millions looted from the NYS, and the others we have no notice of.

www.businessdailyafrica.com/Kaplan---Stratton-entangled-in-NYS-funds-theft-probe/-/539546/3059802/-/d4ks8hz/-/index.html

But here are the other top tiers with lesser ancestry at work

Court extends summons against NYS suspects

By CAROLE MAINA. March. 09, 2016,


NO-SHOWS: Trader Regina Mungai, Ben Gethi, former NYS director Nelson Githinji and former Devolution PS Peter Mangiti at the Milimani law courts on February 16.

www.the-star.co.ke/news/2016/03/09/court-extends-summons-against-nys-suspects_c1309193

A city court yesterday extended until March 18 summons for 11 NYS scandal suspects after they did not appear to answer to money laundering charges.
The court had ordered NYS alleged mastermind Ben Gethi, his co-accused Josephine Kabura and nine others to appear to take plea but none of them showed up.

Kabura recently implicated former Devolution CS Anne Waiguru in the Sh791 million theft.
It emerged another suspect, lawyer Patrick Ogolla, approached Justice George Odunga on Monday evening and successfully obtained temporary orders suspending his trial.
“There are orders staying prosecution in this matter,” the prosecution told chief magistrate Daniel Ogembo.
Consequently, the prosecution asked for more time to go back to Justice Odunga for an interpretation of the orders.
Prosecutor Eddy Kadebe told the court he wants the judge to clarify if the temporary order is only for Ogolla or if it applies to all the suspects.
"While the application is not within the jurisdiction of this court, I urge the parties to approach the High Court once more for interpretation of the orders," he said.

Others who were expected in court include Jedidah Wangui, John Kago, Samuel Wachenje, alias Sam Mwadim, Anthony Kihara, Paul Gachoka, John Vandamme, Martin Wanjohi and Martin Gitonga.

The 11 have been charged with 15 counts of money laundering arising from the NYS theft

The story in deed writes itself. It just unfolds like a good joke following on a joke. Meanwhile the dark side is, apart from incriminating themselves, the Judiciary convicts itself.

Staying with ou take of it all as a comedy show, let us crack a joke.

Let us pretend the Kenyan constitution has a spirit, and that the law can be interpreted in this spirit, at times. Let us futher pretend we have heard of self defence, and that we have the competence to apply this doctrine. Let us pretend too, that we can apply this principle of self defence in the spirit of the constitution, and in line with natural justice also. And finally, let us pretend we are a bit dumb, occasionally awfully dumb, but we do think a thought once in a while, and see the light every other decade!
So as these scandals mount –--NYS, Youth Fund, Athletics and Nike sponsorship, etc etc, we rack our dim brains some.

1. Report the thefts to the Kenya Police. –-This is the right thing to do we know, but experience being the best teacher, we passed that stage long ago. The Kiganjo, dubbed Harvard graduates, are as much lootenants as the famous defence force. No option.

2. Report to the EACC. –-These guys, experience again, will arrest you the whistleblower instead, like they did with Raila: Tell us more, how come you know about the theft if you are not one of the thieves? At the same time the way they doctored the list they gave to PORK! And cleared Waiguru only to arrest her again! They are a national joke with a cartoon depicting them as well-fed poodle on the laps of Queen Anne. No Option.

3. Petition and hope for Presidential or Vice Presidential action (The presidency used to be a Unitary job, co, but that is history so we separate!) Formally this is worth a shot, but we already know the answer. Given a list of a 500 to start with, the presidential office cut it down to 174, and continued to cut toward zero. Matemo Mumo, commissioners Keino and Onsongo kicked the dust instead. That is a clear writing on the wall. A romantic option thus.

4.Pray for divine intervention & deliverance. This is possibly emotionally sensible and always desirable, but apart from being romantic as in the above presidential petition, it is in addition outrightly stupid. God does not do business like that. He is in the habit of helping those who help themselves. And who is really helping himself to more and more helpings if not the thieves? A sheep with the audacity to accept an invitation to an advertised mutton party at the hyenas' lair, when surprised to find meat is not yet ready but remains too stupid to figure out why the hyenas are clapping and saying A MIRACLE! the meal dropped right out of heaven, is surely beyond salvation. Basic survival instinct can not be taught. It should be species gene ingrained.

5. Have the caucus of spiritual leaders –--the whole lot of them from all Kenyan faiths, Traditional, Xtians, Muslim, Ismailia, Sikh … –--declare a FATWAH. The Fatwah outlaws the loot of public goods, and, most importantly, anybody who slays a JSC member and the whole lot of learned friends, goes to heaven direct on death.

There are more direct ways of getting a ticket to heaven, forget being born again, O Christian.

Nice joke, huh!?

Of course the needed theological think to come up with, and rationalise that deadly dissertation of the gospels, or sustain a scriptural interpretation thereto, is beyond the aptitude of our Kenyan clerics –---accepting our premise or starting caveat of being dumbos! Such an aptitude would require an awesome mind the rank of Ayatollah Khomeini, or, come to think of it, the recently executed Saudi Shiite cleric, Nimr al Nimr.



Hey, Prophet Owuor Thura, wrong footed or do you dare!?

[jakaswanga]

OPTION ONE went something like, the right thing to do is to report the heists to the police.

1. Report the thefts to the Kenya Police. –-This is the right thing to do we know, but experience being the best teacher, we passed that stage long ago. The Kiganjo, dubbed Harvard graduates, are as much lootenants as the famous defence force. No option.

Read more: jukwaa.proboards.com/post/new/8749#ixzz42XJX67wv ....

On second thoughts it was a no option apparently. Here is an interesting intermezzo which could act as a small prod. It concerns the technical police departments Wanjiku may rely upon for some forensics, or top of the art verification of some disputed stuff, eg vouchers for tenders. I of course is a doubting Tom, especially when the guy picked to head the technicals, CID, a certain Ndegwa Muhoro, was disqualified by IPOA, the independent police oversight authority. Not really that; this IPOA thing is yesterday; my beef with the man started when he appeared in parliament and nonchalantly said he could no idea on the status of a certain diplomatically explosive letter, whether it was a forgery or not. This was (like) the head of the FBI talking before a congressional committee and, mentally, completely off. I shuddered. Obviously Muhoro had other bosses the public knew nothing about.

Then, as the award-winning super cabinet secretary and County's CEO Anne Waiguru reported the NYS heist to the Muhoro-led force, I leaned forward because this was one quest or easy test at which Muhoro had an opportunity to do something about his reputation. Was the whistleblower play-acting?

Then (as the dice still rolled) it emerged Joseph Mugwanja was his assistant. And was/is a specialised watchdog specialised in not barking at intrusions. And then to top it all up, the Josephine Kabura affidavit narrated how Mugwanja is smooth but rotten at the core. Right under the nose of his boss. This was a long standing racket broken cover.

But Muhoro must be very wounded now. There are predators watching him limp, baring fangs at him, testing how much fart, or fight he is full of. Watch the grandmullah ahead of the pack.

CID boss angrily rejects Ahmednasir claims on Tatu City

By SAM KIPLAGAT. Mar. 10, 2016,

2015 attempted to fraudulently transfer shares in Purple Saturn, a controlling company behind Tatu City.
Jennings further alleged that titles to some parcels of the Tatu land then went missing at the Lands Registry.

The New Zealander said the fraud was detected when the company agreed to sell 1183 acres of land in Ruiru township valued at Sh5.3 billion in March 2014. It was to be bought by Daykio Plantations owned by tycoon Titus Muya.
The dispute partly hinges on contested share transfer documents where one police handwriting expert says that the signatures were forged while another says they are genuine ...

kenya police finally came of age! They can tell a forgery from a not!
Anyway[/i]

CID boss angrily rejects Ahmednasir claims on Tatu City

By SAM KIPLAGAT. Mar. 10, 2016,

www.the-star.co.ke/news/2016/03/10/cid-boss-angrily-rejects-ahmednasir-claims-on-tatu-city_c1310206

CID Director Ndegwa Muhoro has angrily denied allegations by lawyer Ahmednasir Abdullahi that he has been paid to drop investigations into the actions of former CBK governor Nahashon Nyagah and seven others over the Tatu City project.

Ahmednasir, the lawyer for the foreign investors in the Tatu City project, made the claim in a letter to the Director of Public Prosecutions Keriako Tobiko which was copied to President Uhuru Kenyatta, DP William Ruto and Chief Justice Willy Mutunga among others.

Ahmednasir's letter sent on March 8 accused Muhoro of receiving a bribe of Sh50 million and a further 300 acres to prosecute the foreign investors instead of pursuing Nyagah.
Muhoro told the Star that the accusations were malicious and full of falsehoods.

“We have done a professional job. The Department of Criminal Investigations is not the final authority. We have forwarded the file to the DPP who will advise,” he said.
Muhoro said that if any person has evidence against him, they should share it with the appropriate agencies for action.
In a dense six page letter, Ahmednasir accused Muhoro of dropping the police report recommending the prosecution of Nyagah and others for attempted theft of 1183 acres of Tatu land. ..

Nyagah, Central bank! and there is the recent revelation about Professor Ndung'u's bills paid in far-east hotels by a now deceased looter banker, imperial I think.

yes, this all heads back to Dr. Patrick Njoroge, the new kid at the Central Bank. He could be our next Willy Mutunga. OtishOtish described Willy Mutunga as, apart from funny, basically a good surrounded by bad men, left a piteous legacy, and lonely, doomed from the start.

poor me is now reduced to HOPING DR PATRICK IS MADE OF STURNER STUFF THAN Otish's funny friend, Wily!

[jakaswanga]

Oops, the funny man strikes!

CJ Mutunga brings forward Rawal's retirement case
May. 30, 2016,

www.the-star.co.ke/news/2016/05/30/cj-mutunga-brings-forward-rawals-retirement-case_c1360187

Chief Justice Willy Mutunga has directed the hearing on the retirement age of Deputy CJ Kalpana Rawal and Justice Philip Tunoi be heard on Thursday.
The CJ said in a statement that given the speed at which the application was made and public interest it has generated, he decided to fast track the case and bring it forward.
While suspending the Court of Appeal decision on Friday, Lady Justice Njoki Ndung'u directed the case to be heard on June 24.

By then, Mutunga would have exited the judiciary and there would be a quorum hitch because the Supreme Court would not have at least five judges required to hear the case.
In the statement, Mutunga directed the Supreme Court registrar to notify the parties to appear before Judges Smokin Wanjala and Ndungu tomorrow for directions on the hearing of the case.

Meanwhile, former Law Society of Kenya CEO Apollo Mboya has filed a fresh petition before the Judicial Service Commission seeking removal of judge Ndungu.
Mboya says Njoki engaged in misconduct in issuing an order on Friday to halt retirement of deputy CJ Kalpana Rawal when there was a clear conflict of interest.

Ah! Dr. Willy Mutunga, CJ!

This is not about Justice, is it!? You bimbos are playing dirty games, power games, and being transparently primitive about it! A bandit judiciary!

WHEN NJOKI NDUNG'U PULLED A REAL FAST ONE!

It may be an embellished tale. After all, newspaper magnate Uhuru Kenyatta stated he knows he is in the businesses of meat wraps. Or may be toilet paper decorators, that is what Kenya's journalists are in his business experience, assembly line dim wits. Nevertheless, the Agha Khan paper may be a notch higher in repute than the Kenyatta profile, even if at the DN too, when one excels, one finds himself out in the cold like that Gado cartoonist who was fired for over-brilliance. Ossified Tom Mshindi –-if I am correct he is the guy who runs the show at DN--- does not want to run too far ahead of the lame Kenyatta horses. Or may be it is a good-cop-bad-cop-one-two between the proprietors, HE the AK ,and HE UK! Cheeky banditry can not be excluded in any sector of a bandit economy!

www.nation.co.ke/news/-/1056/3223444/-/piwa18z/-/index.html

ISSUE STAY ORDERS

An impeccable source at the Supreme Court told the Sunday Nation that lawyers Charles Kanjama and Issa Mansour, acting for the JSC, one of the parties to the suit, made frantic calls to Chief Justice Willy Mutunga who was at his residence at the time of the Appeal Court ruling, informing him of what was about to happen.
The lawyers were seeking Dr Mutunga’s intervention as they were convinced that Ms Ndung’u would issue the stay orders.

Dr Mutunga is said to have sent his driver with express instructions to collect the case files and take them to his residence so he could peruse through them and advise.
This turned out to be a step too late as when the driver arrived, Justice Ndung’u, the duty judge, was already listening to the ex-parte application from the lawyers of the Deputy Chief Justice and thus could not be interrupted.

Earlier in the day, lawyers Mansur and Ahmednasir Abdullahi had written to the Supreme Court warning against stay orders being issued ex-parte. They may have seen it coming.
Former Law Society of Kenya Secretary Apollo Mboya on Saturday revealed that he would be lodging a petition asking the JSC to start the process of removing Justice Ndung’u as a judge.
He vowed to present the petition to the JSC “by 8am on Monday”.

Farce at the High Court! Today this ruling, tomorrow the other! Like a New York mafia boss once boasted: I know my sentence, the judge in my pocket!

Let us take it lightly. We are a grafted nation. Every Kenyan knows the department of justice is as rotten as the Police. It is just that the police, unlike the learned friends, never bother to pretend otherwise. They do not bother with middle class complexes of keeping up appearances, nor do they engage in hypocritial charades the types which make Victorian comedies so charming and hilarious!

Owino the police mouth just said the PORK is above the law! He did not mince words. Neither did he bother referencing any section of the constitution! Yap, no time for stupid pantomime like between the sophisticated members of the bench who, basically, are fakes.

THE LADY KILLER COPS OF MOMBASA!

No stiff upper lips, just stiff lower things!
I mean did you see the Mombasa police and their Mpesa transactions! Merry go round! And 90% have mpango wa Kandos! And that statistic is gender neutral! Mombasa ni raha kweli!

Reason!?
It is a tough job which keeps one away from home for long days, like being a long-distance haulage chauffeur.
No one needs to write a comedy satirizing the Kenyan Police. You hear it from the horse's very mouth, and it comes in very brilliant Swahili, a linguistic treat! (a panel member was shocked the cops were not too fluent in English! Crazy creep!)

''Wanawake pia wanatusumbwa sana. Wakiona wewe polisi, wao hufikiri wewe ni chai tayari! Wanakupatia date kama hujaomba. We can not resist these offers of bonding sessions with the members of the public of the opposite sex!'

You could feel the male members of the panel thinking they are in the wrong trade!

But when it comes to the learned friends, each with a chain of academic titles before his or her name, they take maximum effort to conceal their debauchery, corruption, greed and professional mediocrity behind a veil of Dorian Grey public pose.s And then need we must write comedies to puncture the bloat, deflate the balloon, and get real.

The JSC clowns for instance earned 80K for a few minutes of meeting, running to millions a year sitting allowance; and they think a traffic captain at the coast is corrupt for a monthly 150K Mpesa merry-go-round fortune wheel!?

But apparently the situation is now so dire that the beans spill themselves. Caught in a traffic jam, the CJ's driver found the duty Judge, Njoki Ndung'u, locked in her chambers working the devil's shift! Aka pre-emption! That is of course a better option than the driver getting hijacked on the way by a police unit whose moonlighting specialisation is not traffic toll collection, nor Mpesa proficiency!

A long time ago as a matatu manamba, I developed some rapprochement with the traffic police. Not wanting to be stopped every time, I said I would pay jumla, per week. So I got a Mpesa number to pay my road tolls. But life can be dry, and sometimes I would still be stopped, but politely talked to: 'Boss, tarehe mbaya bwana. Kama iko advance, sawa, kama sivyo, sadaka kidogo pia sawa!'

Yes! The Kenya traffic police can call a citizen boss! In turn I never called them afande. I always said Mheshimiwa. The female ones I called 'Majesty'. Always My Majesty, never your majesty!
Now let us see a bit of the footwork of these bandia bench people!

CONFLICT OF INTEREST

But in a sign that the top court in the Judiciary is set for a long period of turmoil, lawyer Paul Muite, who represented JSC in the case, said his team will ask three Supreme Court judges, Jackton Ojwang, Ms Njoki and Ibrahim Mohamed to step down from hearing the matter. If successful, this will effectively deny the court quorum as it would mean only Justice Smokin Wanjala presides.
Sources, however, indicate that the court may not have a quorum already since Justice Ibrahim Mohamed is away on medical leave.

Some will remember Justice Ibrahim's other name used to be The Camel! His pace of justice used to be a snail's too. The kind of speeds Njoki and Mutunga drive would totally disorient his feeble senses!

the GATHERING OF NYANG'AUS OR THE COUNCIL OF SOLOMON'S?

“It (JSC) will decide what action should be taken, whether we should wait for any further decision of the Supreme Court or not,” she said.
She further said that any matter arising out of the two decisions would be dealt with “judiciously”.
With Dr Mutunga as its chairman, other members of the Commission are Justice Smokin Wanjala and Justice Mohamed Warsame (Court of Appeal), Justice Aggrey Muchelule (High Court), Prof Tom Ojienda (LSK), Attorney General Githu Muigai, Emily Ominde, Mercy Deche (LSK), Prof Margaret Kobia (Public Service Commission), Kipng’etich Arap Korir Bett and Winifred Guchu.
But even as the JSC meets, it is emerging that competing powerful forces are out to determine the next CJ and deputy CJ.

There is this day the Mpigs themselves reached this conclusion.

www.standardmedia.co.ke/?articleID=2000191452&story_title=Kenya-mps-accuse-cj-mutunga-of-poor-leadership-recommend-probe-on-jsc-commissioners

Methinks, and woe be i to share the opinion of the Mpgis, The JSC as now is a Mafiosi caucus, a gathering of corrupted vermin. The fate and standing of the Judiciary in Kenya is their last concern. Is this what the ordinary policemen have figured out, which makes them such a law unto themselves. The know the fellows running Justice in Kenya are a sham, at best a criminal gang themselves!

Below is not much else

Judiciary still reeks of corruption, admits Rao team
Vetting board admits that some judges believed to be corrupt are still on the bench.
Wednesday March 2 2016

www.nation.co.ke/news/Corruption-is-entrenched-in-courts/-/1056/3099136/-/9owev/-/index.html

The Judiciary is as corrupt as ever, a team mandated to clean up the courts has admitted.
After four years of choosing who among the judges and magistrates to retain, the Judges and Magistrates Vetting Board has now made a damning admission that some judges believed to be corrupt are still on the Bench.

what a comedy by gowned clowns!

To be continued definitely!

[OtishOtish]

I will repeat something I've stated a couple of times: Contrary to what many Kenyans think, the Judicial Vetting (and all that) did not change much in the Kenyan judiciary.

Imagine a class in which almost all the students are of grade C- and below. Now suppose all the D- and F students get kicked out. The average grade will improve, but it will still be in the C-to-C+ range. Kicking out the worst of the lot will not, of itself, improve the remaining bunch. That is pretty much what the Vetting did. The worst of the worst got kicked out, but what remained was still a pretty bad bunch. And I don't mean just that the judiciary is still a den of corruption: the legal capabilities, the attitudes, the inclinations, ... of what remained leaves a great deal to be desired.

Late last year, George Kegoro had a Daily-Nation piece that should have stirred Kenyans from their slumber---an article that is especially relevant now, given the fact that Tunoi and Rawal continue to be national pests instead of going off to spend quality retirement-time with their spouses, children, ..., and great-grandchildren. The article painted the picture of a Supreme Court that had completely lost it, and the significance of Mutunga's warnings is now apparent.

The point was that his colleagues, in astonishing legal mischief, had chosen to involve themselves in matters which were not even before them; that involvement now seriously complicates things.

Chief Justice Mutunga delivered a strong dissent, accusing his fellow judges of dealing “with extraneous issues that should not be included in the judgment.”

He pointed out that the issues surrounding the retirement age were “neither found in the submissions of the parties nor did they form the issues framed by this court for determination,” and that “no party before the court sought any reliefs in this regard.”
...
In several places in his judgment, the Chief Justice accused the majority of having chosen to disregard existing legal precedents of their very court, and declared that his fellow judges had “violated and subverted the national values and principles articulated in Article 10” and that their actions “smack of “judicial utado?” a worrying form of judicial impunity.”

www.nation.co.ke/oped/Opinion/Rescuing-Judiciary-and-the-country-from-the-Supreme-Court/-/440808/2928298/-/3ftflfz/-/index.html


(Note three names: Rawal, Tunoi, and Ndung'u.)

It was a staggering episode, in which basic law was thrown out the window, but few seems to have picked up on Kegoro's additional warnings. So it is that we have now had a "lady justice" doing her own Rambo-style "judicial impunity", with hardly a thought as to the mess she is creating for the country as a whole. All this in support of another similarly thoughtless "lady justice" whose obsessions are impossible to understand. And this is the Supreme Court of the country!

Kegoro was right: the country needs rescuing from the Supreme Court.

I repeat another of my earlier statements: Mutunga is the best Chief Justice this country has even had. If he has not been able to reform the judiciary to the extent that Kenyans had hoped for, it is because he has been surrounded by a largely hopeless lot---a teacher expected to achieve miracles with incorrigible C students.

Still, on a more positive front, there are signs that he will continue to contribute to the contrary once he is in a position to say things that a Chief Justice would not normally be "able" to say. He has already given signs in that direction.

[jakaswanga]

THE COMEDY WHEN SCUMBUGS THREATEN STRIKE ACTION!

This is exceedingly hilarious. The scumbugs at the JSC are threatening a go-slow, a work stoppage, a kind of infantile sulk. The reason is, wait for it, the sitting allowance pie is too humble! But the reasoning deserves a medal for the best April Fool's day submission

Through its lawyer Issa Mansur, the Commission argues that unless the decision is stopped or suspended, JSC will be unable to meet the required deadlines or even discharge its duties as far as independence, accountability, efficiency and effectiveness of the Judiciary in administration of justice are concerned.

SRC issued the directive in a December 2013 circular requiring sitting allowances for the JSC commissioners to be capped to eight every month.

All those things one might have thought depended on a regular work day pay for basic work done, reveal themselves to depend on UNLIMITED sitting allowances!

www.nation.co.ke/news/JSC-fights-SRC-order-limiting-its-sittings/-/1056/3274800/-/lqjhrg/-/index.html

Anne Amadi replaced Gladys Shollei and I remember Gado in full flow, darkly hinting the mess was just too much, and Amadi could all but have surrendered before the start. Read me:



No surprises therefore when the overwhelmed clean-up girl hit a mental low thus

According to JSC’s secretary Anne Amadi, the directive interferes with JSC’s mandate and is unnecessarily restrictive.
In the case documents, she claimed that the decision was unlawful as it limits the number of sittings as well as regular reviewing of remuneration and benefits of all State officers.

Apart from the three named positions which are to be filled, JSC is also in the process of interviewing and filling vacancies of 20 judges of the Environment and Lands Court as well as 100 clerks.

Unnecessarily restrictive! (capped at 8 meetings per month where sitting allowance is paid). Amadi wants CARTE BLANCHE! No performance contract. But here is some humour too.
I looked at a labour productivity graph comparing Kenya to Uganda. This was after a horrifying report went like

World Bank says Kenyans less productive at work than Ethiopians, Ugandans

Kenyan workers are less productive than their counterparts in Uganda and Ethiopia, a World Bank report says.
The report indicates that the average output of Kenya’s workers stood at $3,400 in 2014 compared to Ethiopia’s $5,000 and $3,800 for Uganda.
Kenya’s lower gross domestic product (GDP) per person employed — the country’s GDP divided by the number of people in employment — has been blamed for slowing economic growth

So, arguing on behalf of Wanjiku, knowing this work which Amadi wants unlimited –-scamming-- sittings for, can be done without overtime and within regular work hours by Ethiopian and Ugandan learned friends, I will sit baaaaaaack and upgrade the qualification I have for the Kenyan JSC. They are not just scumbugs, they are lazy and sleazy scumbags, shamefully unproductive. –--Their mental laziness is also evidenced by their silence at the spate of unexplained recuss'es by senior judges –-eg at NYS corruption case, and (2) the propensity of legal panels to declare themselves unqualified to finish their paid business: Think of (failure to) rule on chapter six of the new constitution and ICC indictees; think of appending/adjoining the names of all presidential candidates to the integrity test; and, lately, think of the 200M Tunoi. Here is Sharado Rao who should know rot is not cleaned up with more rot, unexplainably giving up.

Tribunal ends Sh200m bribery probe against Judge Tunoi

Panel head Sharad Rao said they lack the legal mandate to continue with the investigations.
Monday June 27 2016

www.nation.co.ke/news/Tribunal-ends-Sh200m-bribery-probe-Tunoi/-/1056/3269652/-/gjfqkz/-/index.html
The tribunal investigating former Supreme Court judge Philip Tunoi has ended its proceedings.
Chairman Sharad Rao on Monday said the panel lacks the legal mandate to continue with the investigations as the judge has retired.

The kind of clownish and rotten antics we have witnessed in the supreme court in the run to the Wily Mutunga retirement annex Tunoi and Rawal retirement, also testify to a supervisory body --a JSC-- incapacitated by internal rot.

Wacha hiyo mambo ya IEBC kwanza. It is this JSC which should be disbanded! Reason. The following workload is beyond their performance creed on the terms of their contract.

Apart from the three named positions which are to be filled, JSC is also in the process of interviewing and filling vacancies of 20 judges of the Environment and Lands Court as well as 100 clerks.

Now, suppose better qualified, motivated and super efficient personnel from Uganda could be flown in to do the job BETTER at half price at double time!?

Amadi: welcome to globalisation. Labour can be expensive yes, but then it has to PERFORM. It is a bad world for scumbugs and parasites.

[jakaswanga]

GETTING RID OF MARAGA THE DEATH BY A THOUSAND CUTS

No, the person of the vandal wielding the kick which is battering the rotting door is not important for the moment, neither is whomsoever the legal goon is throwing stones to break the windows of the citadel of the Judiciary, its service commission.

The name of the vandal or goon is Njenga, Adrian Kamotho Njenga. He is a lawyer, but also a politician, or at least he ran for an elective seat.

The bigger picture is the incensed Uhuru Kenyatta who promised to be nasty after the supreme court sitting under Chair Maraga, kicked the juicy meat out of his mouth, just as he was about to sink his teeth into it. That was the nullification of the Presidential vote, forcing a later repeat which since has left a very bitter taste in the mouth of Jomo's son. –--'Kwani mnafikiri nyinyi ni nani!? We will fix this!' he repeated, chorused with seethe.

But there is another story which must be told too. It is the story of rotten doors which invite kickers-in. It has always been so in history, but recently, in American urban sociology, as neighbourhoods quickly degenerated, dilapidated, it was noticed when a broken window was not fixed immediately, overnight the whole face of the building would have been broken. An uncared for broken window in a stricken area –--convulsed in a downward spiral, incited even goodly folk into acts of vandalism.

I want to propose, in fact assert, that the Kenyan JSC has always been a dilapidating structure in the centre of town. It invites arson. It provokes the ire of both vandals and saints. The Jukwaa archives are ruthless in their chronicles of the rotten tomatoes populating what otherwise should be the cream of the cream. –-Wily Mutunga set the ball rolling with his lackluster, if not deliberately negligent tenure.

Here is Jukwaa on Judges Warsame (vettng-board-killer) and THE CAMEL Ibrahim, some of the darlings of the mentally offside Wily, then CJ. And Prof Ojienda? That is the Evans Kidero consigliere. He doesn't like peeps into the great man's accounts. Kidero!? If you never heard of Dr. Evans, you should see him debating Miguna Miguna for the Nairobi gubernatorial seat. 'A thoroughly rotten kleptocrat who looted Mumias to bankruptcy and should be rotting in jail!' The Big Mig does not mince words. ---Tell Ojienda to sue me, The then Kenyan but now Canadian (according to Matiang'i and co), seemed to be daring the crumbling then governor of Nairobi!

My opinion of the JSC has of course consistently been zero

Well, Methinks thus: The sitting allowances scam is not only BIG NEWS, it effectively seals the fate of Wily Boy Mutunga. An incompetent and rotten racketeer now fully unmasked. If Gladys Shollei herself is no angel, still then, it has taken a thief to catch a thief so to speak! ---Not that it was much of a secret within the legal fraternity. One reason competition is so fierce to join this JSC, is exactly to enjoy the proceeds of these scams! To join the corruption gravy train.

Read more: jukwaa.proboards.com/thread/8749/stop-thieves-mutunga-huyo-waizi?page=2&scrollTo=134451#ixzz58KUTlSA7

... because I saw all these leading learned friends had decided to have no opinion on CHAPTER SIX, the integrity clause. When doctorates of philosophy and law enjoin themselves in an omerta, in this case the form of a withdrawal from thought, develop a mental block, hibernate their minds from the most potent article in a new constitution, I am street-smart enough to read it correct! Scumbags!

Thinkers who do not think are brain-dead. Thinkers who are paid to think but speak not what they think are cheats and frauds, charlatans and yes, scumbags!
****
Scumbags! We all know they are scumbugs in that JSC, but life can be very complicated. The scumbags are what we have left to officially fend the independence of the Judiciary. Life can be that sad, or, if you study history, tragi-comic.

It is in deed a sh!thole republic!

ACTI ONE

Lawyer petitions MPs to remove CJ David Maraga, six others

Monday February 26 2018. IBRAHIM ORUKO

Summary

Mr Njenga accuses Mr Maraga of victimising judges who exhibit diligence, impartiality and judicial independence.
He says the seven have jointly and severally committed acts of gross misconduct in the performance of functions as commissioners.

A lawyer has petitioned the National Assembly seeking the removal from office of Chief Justice David Maraga and six other members of the Judicial Service Commission (JSC).
Mr Adrian Kamotho Njenga wants the CJ, deputy CJ Philomena Mwilu, Justice Mohamed Warsame, Justice Aggrey Muchelule, Prof Tom Ojienda, Ms Emily Ominde and Mercy Deche removed on what he claims are serious violation of the constitution and the law, incompetence and gross misconduct in the performance of the functions at JSC.

'GROSS MISCONDUCT'

Mr Njenga accuses Mr Maraga of victimising judges who exhibit diligence, impartiality and judicial independence.
“Mr Maraga and the six JSC members have failed to promote, facilitate the independence and accountability of the judiciary and transparent administration of justice contrary to Article 172 (1) of the constitution.
He says the seven have jointly and severally committed acts of gross misconduct in the performance of functions as commissioners.
The JSC has in the recent past set up a special committee to investigate the conduct of at least five judges related to their work.

PROBE

The judges under investigations are Jackton Boma Ojwang of the Supreme Court, Paul Kihara, who until his nomination to take over as Attorney-General after the resignation of Prof Githu Muigai, was the President of the Court of appeal and justices Erastus Githinji, Fatuma Sichale and Martha Koome.

The special committee is investigating Justice Ojwang over the construction of a tarmac road leading to his private residence in his rural area, while Mr Kihara is on the spot over the manner he constituted a bench of three to hear an appeal of a high court decision that annulled the appointment of presiding and returning officers in the repeat October 26 presidential election because it was done outside the law.
It is justices Githinji, Koome and Sichale who stayed the decision of the high court. However, questions have been raised how they managed to sit without the clearance from the office of the Chief Justice considering the day was a gazetted public holiday.

'MALICE'

“Investigations against Mr Kihara points to malicious agenda on the part of Mr Maraga and the other five JSC commissioners. This purported investigations is entirely unconscionable in light of Sections 13 (1) and 18 (3) of the Court of Appeal (Organisation and Administration) Act,” Mr Njenga argues.
He further notes launching investigations in the conduct of the three appellate court judges who have performed their duties in good faith reveals excruciating levels of malevolence, malice and glaring witch-hunt on the part of Mr Maraga and JSC commissioners.

“This is inherently incompatible with Article 160 (5) of the Constitution, given that the judges acted in good faith and lawfully performed legitimate judicial functions as stipulated under Section 13 (1) (b) of the Court of Appeal (Organization and Administration) Act, 2015

Njenga doesn't mind scumbags really. What he can't stand are the scumbags who, in his fantasies, are not subscribed to the Jubilee political agenda! he wants the JSC to be a Jubilee scumbag affair!

[jakaswanga]

ACT 2

Parliament rejects petition to remove CJ David Maraga

Tuesday February 27 2018

Summary

Lawyer Adrian Kamotho Njenga wants the CJ and six other JSC members removed from office.

By JOHN NGIRACHU

National Assembly Speaker Justin Muturi has rejected the petition by a lawyer for the removal of Chief Justice David Maraga and other six members of the Judicial Service Commission.
Mr Muturi on Tuesday told MPs that the petition “is a long shot, pedestrian and a fishing expedition” in seeking to remove Justice Maraga, who by virtue of his position is the chairman of the Judicial Service Commission.

CLAIMS

Lawyer Adrian Kamotho Njenga wants the CJ, deputy CJ Philomena Mwilu, Justice Mohamed Warsame, Justice Aggrey Muchelule, Prof Tom Ojienda, Ms Emily Ominde and Mercy Deche removed from office on what he claims are serious violation of the constitution and the law, incompetence and gross misconduct in the performance of the functions at JSC.

Citing the Constitution, Mr Muturi said: “A person desirous of the removal of a person as the chairman of the Judicial Service Commission must petition the Judicial Service Commission for removal of the person as the Chief Justice”.

The Speaker said that that by itself would make it impossible for the National Assembly to even look at the rest of the petition.

Related Content
Why lawyer wants CJ, 6 others fired - VIDEO

Lawyer petitions MPs to remove CJ

As a result, he said: “The House will not be in a position to address itself to the rest of the petition on the basis of that matter alone.”
Regarding the rest, Mr Muturi said the allegations against the other members of the JSC were general and made to look like they apply to all them when the proper thing to do is to file a petition against each of them as an individual.

He directed the Clerk of the National Assembly to inform Mr Njenga in writing that his petition “has failed miserably” and is therefore inadmissible.
The petition was seen as a possible avenue for going after individuals in the Judiciary with whom some in the administration has been unhappy.

Mr Muturi’s decision was immediately praised by Minority Leader John Mbadi, who said that the Speaker had made a brave decision.

Keep your eye on the ball, and bother not with the body dances which are but distractions to shake you off!