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Post by malkia on Feb 23, 2016 7:44:45 GMT 3
The President's decision not to appoint a tribunal as required by the Constitution is the latest in a series of violations of the Constitution by the Executive. When it was the gender rule in Cabinet, because so many people hated the requirement of women's inclusion, we looked the other way and failed to challenge the blatant violation of a provision of the Bill of Rights. Today we find what we have is a President who does not believe he is bound by the supreme law of Kenya. What will we do? Let me suggest the following as a starting point.
First, we must do something. We must pull back from this slippery slope which is surely the path to a banana republic. This is not the facile ODM/CORD & TNA/Jubliee debate; this is a battle for the soul of Kenya.
I would hope at least that we will see a serious and deliberate attempt to impeach the President for these illegal and unconstitutional acts. If we do not then we must also begin to worry about where the battle ground will be if it is not waged in the institutions we have and with the current rules.
Second, we need a political regrouping around the rule of law. Political actors across parties who can coalesce around defense of the Constitution and adherence to the rule of law. What hope is there for that I don't know but I think it is worth an effort.
Third, we must as Kenyans act to deliberately withdraw authority from an illegitimate regime. How? We must privately and publicly criticize the President and his administration's decisions to act outside the law, we can call for his resignation ( I know he won't but we must begin with engagement). We must challenge these decisions in the Vourts and in Patliament. Doing nothing is not an option.
Finally, we must think about how to engage in the next election because a President unwilling to be bound by the Constitution is unlikely to preside over a free and fair election.
The President has created a Constitutional crisis so he can use it to throw off the Constitution, Kenyans cannot fall into the trap. We cannot rewrite our Constitution because it doesn't work for one man. We must find a way to reassert the primacy of the Constitution and subjugate all executive and personal interests to it or resign ourselves to dictatorship and/or anarchy.
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Post by Onyango Oloo on Feb 23, 2016 13:44:17 GMT 3
Thanks Malkia for that timely intervention. For those who have not seen the actual letter from State House to Chief Justice Dr. Willy Mutunga, here is it as an attachment:
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Post by jakaswanga on Feb 23, 2016 20:20:41 GMT 3
Malkia,The first thing I heard days ago, was that the files sent to Mr. President by the JSC were too incomplete, and insufficient at law to warrant the appointment of a tribunal. Now I do not live in Nairobi but I know enough lawyers in the grapevine to have asked: is it the opinion of the legal fraternity that the above statement reflects the legal thinking, professional position of the AG, professor Githu Muigai? Is it possible CJ Wily Mutunga, if not bribed to be careless and negligent with these documents, can be such an intellectual (to borrow a leaf from Ababu Namwamba) pedest rian, to send a jua-kali hodge-podge of a documentto state house, and have Githu Muigai ---to lift and paraphrase Miguna Miguna---, dismissively teach him how to think at law!? www.standardmedia.co.ke/mobile/article/2000192596/blow-to-jsc-as-president-uhuru-kenyatta-rejects-judge-philip-tunoi-s-probe?pageNo=1 My opinion was Mutunga may be the funny (Otishotish terminology) head of a scumbag JSC, but he is not yet that intellectually redundant and stale. Then I heard a good one: AG Githu Muigai was not taking calls on this! He was missing in action as it were! This was apparently the job of the Prime Minister Kinyua with some pedestrian legal groupies loitering around Ikulu! I heard this yesterday and knew the president was in trouble. If the AG, a professor at law, would rather fall sick and loose his voice in public, that stake his reputation explaining deep law why the President wouldn't honour the JSC admonishment to form a tribunal, then the position was untenable in law. It would have to be IMPUNITY in act not to follow the JSC advice! I must admit I never expected Prime Minister Kinyua to be this reckless. He is a cautious man by nature; a long service overseeing graft at the treasury has left him unscathed only because he is like the tortoise whose head never ventures out unless the coast is real clear. This recklessness which has forced a presidential U-turn in 24 hours, must therefore have a very powerful explanation behind the scenes. THE HAGUE PRECEDENT Anyway I was not too worried about a constitutional crisis. I was bracing myself for a QC Kay-like gimmick. (Actually now that the President has just straightforward backed down is a big disappointment to me. I was on the look-out for an extraordinary piece of legal footwork in Nairobi to sail over this. Unfortunately the Nairobi law school don't do QC stuff!) NB: Uhuru Kenyatta managed to attend the ICC hearings at the Hague as a private person, while he was still kind of sort of his Excellency the PORK. (He surrendered the office for 24 hrs but Ruto was not sworn in!) It would therefore be possible to have a six-hour timespan in which, as Uhuru slept drunk or otherwise 'absent', the tribunal could be formed by an alternative constitutionally mandated actor. Muigai would then wake up to let bygones be bygones and not move to dissolve the formed tribunal!Apparently the Prime Minister Kinyua saw a canyon of no return and wisely folded tail. Let us say Professor Githu Muigai sighed in private and told the Nairobi Rasputin to stop being a goat! NB: a 70+ year corrupt Judge? He could just have been bribed by every powerful fellow around town all these years. Making him an archive of rot. An institutional memory of graft. Some secrets squeaky-clean Kinyua does not want to risk coming out? it is a thought to die for. A motive to make Kinyua risk a presidential impeachment is quite some motive, methinks! And that president, truth be told, is his bureaucratic god-child. It would be a sacrifice to compare to Agamemnon looking for fair winds to Troy for the Greek fleet: infanticide.
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Post by kamalet on Feb 24, 2016 11:05:28 GMT 3
The President's decision not to appoint a tribunal as required by the Constitution is the latest in a series of violations of the Constitution by the Executive. When it was the gender rule in Cabinet, because so many people hated the requirement of women's inclusion, we looked the other way and failed to challenge the blatant violation of a provision of the Bill of Rights. Today we find what we have is a President who does not believe he is bound by the supreme law of Kenya. What will we do? Let me suggest the following as a starting point. First, we must do something. We must pull back from this slippery slope which is surely the path to a banana republic. This is not the facile ODM/CORD & TNA/Jubliee debate; this is a battle for the soul of Kenya. I would hope at least that we will see a serious and deliberate attempt to impeach the President for these illegal and unconstitutional acts. If we do not then we must also begin to worry about where the battle ground will be if it is not waged in the institutions we have and with the current rules. Second, we need a political regrouping around the rule of law. Political actors across parties who can coalesce around defense of the Constitution and adherence to the rule of law. What hope is there for that I don't know but I think it is worth an effort. Third, we must as Kenyans act to deliberately withdraw authority from an illegitimate regime. How? We must privately and publicly criticize the President and his administration's decisions to act outside the law, we can call for his resignation ( I know he won't but we must begin with engagement). We must challenge these decisions in the Vourts and in Patliament. Doing nothing is not an option. Finally, we must think about how to engage in the next election because a President unwilling to be bound by the Constitution is unlikely to preside over a free and fair election. The President has created a Constitutional crisis so he can use it to throw off the Constitution, Kenyans cannot fall into the trap. We cannot rewrite our Constitution because it doesn't work for one man. We must find a way to reassert the primacy of the Constitution and subjugate all executive and personal interests to it or resign ourselves to dictatorship and/or anarchy. It is strange how Kenyan see a crisis even when none exists!! It would appear Malkia picks up a story written with a narrative to create excitement but totally devoid of facts. OO has kindly put the letter to Mutunga for all to read and have an opinion that is not derived by a media out for sales than facts! Kinyua's letter raises serious issues for the JSC to consider, and it is infact rather embarrasing that it takes the OOP to raise the legal issues that would face the tribunal i.e. there is a matter pending in court regarding the legality of the problem judge's continued stay in office. The High Court order sending him home has been stayed by the Appeal Court pending the appeal. Now if the appeal is to fail, then the appointment of the tribunal is pointless. So rather than fault the JSC for not considering such a matter it is for ever expedient to blame the executive as it is easy to rope in a political score in the whole mix! Even in making all this noise, the constitutional time period to appoint a tribunal had not expired for those getting excited about impeachment to make a case. I am sure several of such people must have felt like complete idiots thinking that the alleged illegitimate government had no plan B when the names were announced once it became clear the JSC was not willing to get their heads out of their asses and deal with the elephant in the house.This is the same JSC that is court trying to remove the judge from office and it must have seen an opportunity to achieve its ends by picking on the impeachment route as their plan B should retirement fail. So we now have a tribunal that is not constitutionally time bound (apart from being asked to act expeditiously) to do anything and which can drag its feet long enough for the court of appeal to make a ruling before proceeding with the hearings to remove the judge. Bottom line the sensible route proposed by the president to hold back the petition until this matter is resolved is still achieved! But we fail to acknowledge the constitutional weakness we now face. The tribunal if it ever gets to sit and make a ruling to remove the judge, Tunoi still has a date with the Supreme Court where he sits to hear a possible appeal. How would his colleagues who may have had a cut in the $200 million rule especially if agreeing with the tribunal leaves them exposed to investigations too? Tunoi must prefer the tribunal route as it can get him out of trouble as retiring opens him to criminal investigation!
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Post by podp on Feb 24, 2016 17:47:20 GMT 3
Even in making all this noise, the constitutional time period to appoint a tribunal had not expired for those getting excited about impeachment to make a case. I am sure several of such people must have felt like complete idiots thinking that the alleged illegitimate government had no plan B when the names were announced once it became clear the JSC was not willing to get their heads out of their asses and deal with the elephant in the house.This is the same JSC that is court trying to remove the judge from office and it must have seen an opportunity to achieve its ends by picking on the impeachment route as their plan B should retirement fail. So we now have a tribunal that is not constitutionally time bound (apart from being asked to act expeditiously) to do anything and which can drag its feet long enough for the court of appeal to make a ruling before proceeding with the hearings to remove the judge. Bottom line the sensible route proposed by the president to hold back the petition until this matter is resolved is still achieved! But we fail to acknowledge the constitutional weakness we now face. The tribunal if it ever gets to sit and make a ruling to remove the judge, Tunoi still has a date with the Supreme Court where he sits to hear a possible appeal. How would his colleagues who may have had a cut in the $200 million rule especially if agreeing with the tribunal leaves them exposed to investigations too? Tunoi must prefer the tribunal route as it can get him out of trouble as retiring opens him to criminal investigation! the unfolding NYS scam gives a pointer of what to expect in answering the above, high lighted! it will be a field day for Kenyans who have been treated to grand daylight robberies at the NYS and by extension the Executive stealing, now appearing co-joined to the Legislature. we will have a case of Judiciary too joining the Mpigs at the trough so it will get merrier when all the 3 organs (Executive, Judiciary and Legislature) are seen as one entity. it helps in the scales falling from our eyes and realising that something 'good' has to come out of all that 'filth'
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Post by jakaswanga on Feb 24, 2016 19:54:27 GMT 3
It is strange how Kenyan see a crisis even when none exists!! It would appear Malkia picks up a story written with a narrative to create excitement but totally devoid of facts. OO has kindly put the letter to Mutunga for all to read and have an opinion that is not derived by a media out for sales than facts!
Kinyua's letter raises serious issues for the JSC to consider, and it is infact rather embarrasing that it takes the OOP to raise the legal issues that would face the tribunal i.e. there is a matter pending in court regarding the legality of the problem judge's continued stay in office. The High Court order sending him home has been stayed by the Appeal Court pending the appeal. Now if the appeal is to fail, then the appointment of the tribunal is pointless. So rather than fault the JSC for not considering such a matter it is for ever expedient to blame the executive as it is easy to rope in a political score in the whole mix!
Even in making all this noise, the constitutional time period to appoint a tribunal had not expired for those getting excited about impeachment to make a case. I am sure several of such people must have felt like complete idiots thinking that the alleged illegitimate government had no plan B when the names were announced once it became clear the JSC was not willing to get their heads out of their asses and deal with the elephant in the house.This is the same JSC that is court trying to remove the judge from office and it must have seen an opportunity to achieve its ends by picking on the impeachment route as their plan B should retirement fail.
So we now have a tribunal that is not constitutionally time bound (apart from being asked to act expeditiously) to do anything and which can drag its feet long enough for the court of appeal to make a ruling before proceeding with the hearings to remove the judge. Bottom line the sensible route proposed by the president to hold back the petition until this matter is resolved is still achieved!
But we fail to acknowledge the constitutional weakness we now face. The tribunal if it ever gets to sit and make a ruling to remove the judge, Tunoi still has a date with the Supreme Court where he sits to hear a possible appeal. How would his colleagues who may have had a cut in the $200 million rule especially if agreeing with the tribunal leaves them exposed to investigations too? Tunoi must prefer the tribunal route as it can get him out of trouble as retiring opens him to criminal investigation! Kamalet, There is a chronology of events which points to a cock-up at Ikulu. The famous letter which delves into delicacies came after foolhardiness was exposed. Watch this report in which it appears PM Kinyua in some kind of panic sent Man Menoah Esipisu to rubbish CJ Mutunga and his JSC. Not that these learned friends aren't rubbish enough as it is, but the POINT chosen by state house to rubbish them, was unbelievably stupid. -- CRUCIAL DOCUMENTS WERE NOT FORWARDED!Yeah, think about why CJ Mutunga$Co would withhold the crucial documents! It soon dawned on the Prime Ministers and his handlers this was dry meat that filled the mouth and ripped the throat and so, on rebound, they scraped their craniums and came up with the gobbledygook they are now selling --guy is retired anyway, and he is engaged in courts etc. If only state house had resorted to this as the first reason, instead of portraying Mutunga as, at best, careless and incompetent, and at worst, compromised into omitting essential documents! Kinyua looks to be a nervous wreck on this. Here is the JSC calling him a scumbag liar in turn. This is a storm in a tea-cup. We know the JSC and the Judiciary is rotten can of worms, and we know state house is the epicenter of graft and cover-ups! So pots and kettles professing their brightness respective the other is not even a tragi comedy.
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Post by jakaswanga on Feb 24, 2016 22:51:37 GMT 3
KINYUA'S JAMMING GUNS
Aaah, by and by we are getting somewhere. Operatives at state house kept the JSC report away from the President, until time ran out. They were manipulating the head of state! even the erratic Muturi who can be relied upon to sustain impunity --he refused to have Kidero-Tunoi debated, and that was him again during the security amendments (when senator Muthama's sehemu nyetis were firmly clasped by an unfriendly palm, and Mpig Millie Odhiambo violated by dirty nails on long fingers!)---- could not hide a jest at the now, for some reason, witless Prime Minister Kinyua.
I think it is within the powers of Kinyua to impersonate the president. The horse-whisperer is after all the brains of the horse!
When Kenyatta's boy grows up, and is no longer an infant needing a lord protector, then shall it be treason for anybody to impersonate or usurp his auspices! Kinyua's problems will arise from younger bulls who begin to smell a funereal air around him. The old bull is limping. His brains foggy.
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Post by kamalet on Feb 25, 2016 11:22:24 GMT 3
It is strange how Kenyan see a crisis even when none exists!! It would appear Malkia picks up a story written with a narrative to create excitement but totally devoid of facts. OO has kindly put the letter to Mutunga for all to read and have an opinion that is not derived by a media out for sales than facts!
Kinyua's letter raises serious issues for the JSC to consider, and it is infact rather embarrasing that it takes the OOP to raise the legal issues that would face the tribunal i.e. there is a matter pending in court regarding the legality of the problem judge's continued stay in office. The High Court order sending him home has been stayed by the Appeal Court pending the appeal. Now if the appeal is to fail, then the appointment of the tribunal is pointless. So rather than fault the JSC for not considering such a matter it is for ever expedient to blame the executive as it is easy to rope in a political score in the whole mix!
Even in making all this noise, the constitutional time period to appoint a tribunal had not expired for those getting excited about impeachment to make a case. I am sure several of such people must have felt like complete idiots thinking that the alleged illegitimate government had no plan B when the names were announced once it became clear the JSC was not willing to get their heads out of their asses and deal with the elephant in the house.This is the same JSC that is court trying to remove the judge from office and it must have seen an opportunity to achieve its ends by picking on the impeachment route as their plan B should retirement fail.
So we now have a tribunal that is not constitutionally time bound (apart from being asked to act expeditiously) to do anything and which can drag its feet long enough for the court of appeal to make a ruling before proceeding with the hearings to remove the judge. Bottom line the sensible route proposed by the president to hold back the petition until this matter is resolved is still achieved!
But we fail to acknowledge the constitutional weakness we now face. The tribunal if it ever gets to sit and make a ruling to remove the judge, Tunoi still has a date with the Supreme Court where he sits to hear a possible appeal. How would his colleagues who may have had a cut in the $200 million rule especially if agreeing with the tribunal leaves them exposed to investigations too? Tunoi must prefer the tribunal route as it can get him out of trouble as retiring opens him to criminal investigation! Kamalet, There is a chronology of events which points to a cock-up at Ikulu. The famous letter which delves into delicacies came after foolhardiness was exposed. Watch this report in which it appears PM Kinyua in some kind of panic sent Man Menoah Esipisu to rubbish CJ Mutunga and his JSC. Not that these learned friends aren't rubbish enough as it is, but the POINT chosen by state house to rubbish them, was unbelievably stupid. -- CRUCIAL DOCUMENTS WERE NOT FORWARDED!Yeah, think about why CJ Mutunga$Co would withhold the crucial documents! It soon dawned on the Prime Ministers and his handlers this was dry meat that filled the mouth and ripped the throat and so, on rebound, they scraped their craniums and came up with the gobbledygook they are now selling --guy is retired anyway, and he is engaged in courts etc. If only state house had resorted to this as the first reason, instead of portraying Mutunga as, at best, careless and incompetent, and at worst, compromised into omitting essential documents! Kinyua looks to be a nervous wreck on this. Here is the JSC calling him a scumbag liar in turn. This is a storm in a tea-cup. We know the JSC and the Judiciary is rotten can of worms, and we know state house is the epicenter of graft and cover-ups! So pots and kettles professing their brightness respective the other is not even a tragi comedy. Jakaswanga I think you need to read a bit more between the lines and the chronology of the matter can give you a pointer at the underlying wars that preceded the current position. And here is my thinking: The JSC in a hurry to appear active and get the $200 million saga out of its hands quickly decides to recommend a tribunal to the president. In the meantime everyone is seized of the retirement case going on in the court of appeal (which the JSC does not see an issue) and this must have been the documents Ikulu was waiting to see if there had been consideration prior to the petition being sent to Ikulu. Now after the Registrar goes public saying they have done their bit, Kinyua decides to put the matter in writing to the CJ requesting the JSC to reconsider the petition and ask it to await the matters in court to be ruled upon. And to prove that they are working to engage with the Judiciary, the letter is leaked to the public. In the meantime, Ikulu has already constituted a tribunal in the event the JSC ignores the pleas of Ikulu to think the matter through and would be made public on deadline day. To ensure that it still gets way, Ikulu appoints a chairman of the tribunal who may not be qualified and which would lead the tribunal issues being delayed to await the ruling of the court of appeal (it would appear that Sharad Rao may not be qualified to be appointed a judge by virtual of age if the argument by Gitobu Imanyara holds true). Such an action helps then ensure that the tribunal does not proceed and the deals I alluded to earlier at the supreme court need not be made! Bottom line is that the Tunoi issue needed political husbandry but the judiciary thought that they would deal with it the legal way which was going to be problematic.
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Post by Onyango Oloo on Feb 25, 2016 12:03:22 GMT 3
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Post by jakaswanga on Feb 27, 2016 18:30:27 GMT 3
Jakaswanga I think you need to read a bit more between the lines and the chronology of the matter can give you a pointer at the underlying wars that preceded the current position. And here is my thinking: The JSC in a hurry to appear active and get the $200 million saga out of its hands quickly decides to recommend a tribunal to the president. In the meantime everyone is seized of the retirement case going on in the court of appeal ( which the JSC does not see an issue) and this must have been the documents Ikulu was waiting to see if there had been consideration prior to the petition being sent to Ikulu. Now after the Registrar goes public saying they have done their bit, Kinyua decides to put the matter in writing to the CJ requesting the JSC to reconsider the petition and ask it to await the matters in court to be ruled upon. And to prove that they are working to engage with the Judiciary, the letter is leaked to the public. In the meantime, Ikulu has already constituted a tribunal in the event the JSC ignores the pleas of Ikulu to think the matter through and would be made public on deadline day. To ensure that it still gets way, Ikulu appoints a chairman of the tribunal who may not be qualified and which would lead the tribunal issues being delayed to await the ruling of the court of appeal (it would appear that Sharad Rao may not be qualified to be appointed a judge by virtual of age if the argument by Gitobu Imanyara holds true). Such an action helps then ensure that the tribunal does not proceed and the deals I alluded to earlier at the supreme court need not be made! Bottom line is that the Tunoi issue needed political husbandry but the judiciary thought that they would deal with it the legal way which was going to be problematic. Kamalet, And that the legal brains at Ikulu deliberately appointed a disqualification candidate Rao, is the major own goal again. Later more on that. But my thinking has been that all the concerned institutes in this case, have a vested interest that this Tonui issue be laid to rest as fast as possible. That it has now become such a huge fuss, is to their sore. I am referring to the Judiciary, The JSC, The Supreme Court, The Presidency, and the Jubilee administration in totality. Tonui is a poisonous can of worms. He is a cupboard full of skeletons just a little short of a pandora's box. Consider the ELEMENTARY issue of retirement age. How could it have taken CJ Mutunga and his scumbags all these years without resolving the upper limit, in light of the new constitution and the TRANSITION period meant to streamline any contradictions. And imagine the sitting allowances they cream off per minute of their fart, soaking their innerwears! Is it not so, from pure common sense, that a litigant can dispute a ruling based on the technicality that the sitting judge was 'NOT legally in mandate', ie was past his shelf-date!? The bench was not legally constituted!? (Why did Mutunga allow this horror to fester on!? Now it caught up with him, and the nation too unfortunately!) JOSEPH KINYUA'S TREASON GAMBITI will come back to AG Muigai later. I seen other lawyers put it better than I could. He sat at the JSC meeting which has no records of him disputing the recommendation the President institute an tribunal to investigate Judge Tonui, yet, once in state house, he actively advised or did not oppose those who imposed upon the president to REJECT the JSC recommendation, first for very stupid reasons (no files availed). But Kinyua then. The prime minister and his staff hit on, ar first face, a genial idea. To tamper with the composition of the tribunal, sabotaging its process upfront, burying it in litigation before it gets going. And so the choice Rao as the chair. You Kamalet eloquently takes us through the thinking behind the scenes, above! Smart bureaucratic move in the Nairobi bubble, but out there in the real world, TREASON in broad daylight. We are not all mentally dead yet. www.standardmedia.co.ke/article/2000193073/justice-tunoi-s-bribe-saga-exposes-uhuru-s-advisers-again?articleID=2000193073&story_title=justice-philip-tunoi-s-bribe-saga-exposes-uhuru-kenyatta-s-advisers-again&pageNo=2 Thinking aloud in an opinion piece, here is some plausible explanation as to why the Prime Minister Joseph Kinyua is being such a panicked goat in public. www.nation.co.ke/oped/Opinion/Uhuru-s-poisoned-chalice-appointment-of-Tunoi-tribunal/-/440808/3094136/-/vdenmv/-/index.html Did the supreme court bend over backwards in the Raila Odinga petition in 2013? --KOTI BANDIA! That is the corner where we have driven now! And notice the implication on the chair of the court during that verdict, Mutunga CJ! And then this gem The legal advisors built in contestable names in the tribunal, so as to consume it and disintegrate it in legal wrangling before it even sets to work! That is good bureaucratic footwork of course, a delaying scuttling technique. But in a crisis, like we now have, a crisis of leadership as Uhuru has embroiled the nation in, it is a dangerous, transparent step. It is on the slippery slope to treason. It means legal brains at state house are out to frustrate a matter of public interest by hook and crook. That is treason. And treason runs against one of the most powerful forces of history post renaissance, nationalism and national dignity. What a sigh of relief we are in luck: Kenya is not endowed with much of that stuff, dignity or otherwise patriotism. We cannot define integrity ---even at the level our best legal scholars assembled to do just that!!!! how can we know treason even when it is winking at us like a pro hot for our wallets? Forget Kidero versus Baba Yao now, the mother of all questions Kinyua has succeeded in raising with his actions is: that judgement which gave Uhuru Kenyatta the presidency, was it that straight!?May not be serious enough to rank a pandora's box to open that one, but it is definitely a constitutional crisis if we go there! Kamalet, your are being too harsh on Malkia! The constitutional crisis is here!
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Post by kamalet on Feb 29, 2016 9:16:49 GMT 3
Jakaswanga
I am not being too hard on Malkia and there is no constitutional crisis. Even if there was one.....we should be pointing fingers at the JSC and not the presidency! The nefarious suggestion that Githu is to blame is actually hogwash and cheap political sniping at the good professor! We are quick to allege that he did not raise a finger in the JSC prior to the decision on the petition to the president and equally quick to make judgement that he advised the president to resist appointing the tribunal! Forget about the fact that this is not premised on any known fact, but we can play politics of working to get at the AG - and I saw the silly attempt in parliament last week!!
So on the 14th Day Uhuru appointed the tribunal as required by the law - where then is the constitutional crisis??
But how about look at a picture bigger than just Tunoi? Is the blemished judge the real target or is he just collateral damage? Is his refusal to retire failure to recognise that he is upsetting a much bigger plan?
Tunoi is sucked up in a saga that revolves around a bribe the size of 200 million shillings. Some nondescript wannabe journalist set up meetings to have the money delivered from one Evans Kidero so that a simple technicality can have him confirmed as city governor. If you talk about 200 million bribe money, then you should know that someone willing to give up such money has his eyes on a much bigger amount! Now this also means that the giver is well endowed on the cash front. He happens to be a big fundraiser for his party. Now if you can shut that tap, you do serious damage to the party with an election just over a year away. I am sure you know the other big fundraiser at the coast is also having his problems with his cash sources in the form of family businesses. Cutting out such huge sources of funds to 'the party' hurts the main contender - which might explain why Baba has not been making noise on such matters involving governors in his party!
So Tunoi will go down and possibly with the Nairobi Governor in tow, whilst the sugar smuggling in the CFS's in Kilindini will be brought to halt bringing down another governor supporting ODM. MORAL: If you are not in government and want to beat it - stay clean! Government never lost the monopoly of "violence".
Kamale
PS. Could a certain governor have given Baba an ultimatum to be named as running mate instead of our watermelon wiper otherwise the cash pipeline would be stopped?
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Post by kamalet on Feb 29, 2016 9:17:06 GMT 3
Jakaswanga
I am not being too hard on Malkia and there is no constitutional crisis. Even if there was one.....we should be pointing fingers at the JSC and not the presidency! The nefarious suggestion that Githu is to blame is actually hogwash and cheap political sniping at the good professor! We are quick to allege that he did not raise a finger in the JSC prior to the decision on the petition to the president and equally quick to make judgement that he advised the president to resist appointing the tribunal! Forget about the fact that this is not premised on any known fact, but we can play politics of working to get at the AG - and I saw the silly attempt in parliament last week!!
So on the 14th Day Uhuru appointed the tribunal as required by the law - where then is the constitutional crisis??
But how about look at a picture bigger than just Tunoi? Is the blemished judge the real target or is he just collateral damage? Is his refusal to retire failure to recognise that he is upsetting a much bigger plan?
Tunoi is sucked up in a saga that revolves around a bribe the size of 200 million shillings. Some nondescript wannabe journalist set up meetings to have the money delivered from one Evans Kidero so that a simple technicality can have him confirmed as city governor. If you talk about 200 million bribe money, then you should know that someone willing to give up such money has his eyes on a much bigger amount! Now this also means that the giver is well endowed on the cash front. He happens to be a big fundraiser for his party. Now if you can shut that tap, you do serious damage to the party with an election just over a year away. I am sure you know the other big fundraiser at the coast is also having his problems with his cash sources in the form of family businesses. Cutting out such huge sources of funds to 'the party' hurts the main contender - which might explain why Baba has not been making noise on such matters involving governors in his party!
So Tunoi will go down and possibly with the Nairobi Governor in tow, whilst the sugar smuggling in the CFS's in Kilindini will be brought to halt bringing down another governor supporting ODM. MORAL: If you are not in government and want to beat it - stay clean! Government never lost the monopoly of "violence".
Kamale
PS. Could a certain governor have given Baba an ultimatum to be named as running mate instead of our watermelon wiper otherwise the cash pipeline would be stopped?
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Post by jakaswanga on Feb 29, 2016 21:46:56 GMT 3
Kamalet,I was very ready to give the Attorney General, the goodly professor Muigai, all the benefit of doubt. I had noticed a +tive change in him ever since OtishOtish's friend at the ICC court in the Hague, the Canadian Oga-Chief Oboe Esuji, put him down for being an amicus comicus instead of amicus curiae. The court's fool or visiting comedian, instead of legal consult. Thereafter did the professor appear to have lost his appetite for being the legal clown of Nairobi, in competition with the legend of Amos Wako.Wako was a clever lawyer but he has the character of a dog, and probably the heart of one too. He would bite the tip of his tail off if ordered by his boss. (Finding it impossible he would spin until he dropped dizzy, an indulgent stupid grin on his face.) The problem with giving the goodly professor the benefit of doubt in this quagmire now is this: he has been given several opportunities to state his case, explain his role and thinking. But he has gone incommunicado. When a man of his legal standing and brainy training takes his fifth amendment on matters pertaining his official brief --which is public funded, and the matter is of manifest public interest, with the consequences including an impeachment of the head of state,
.. then do I say Githu Muigai is asking for it. He is articulate enough to speak for himself. Tongue tied is guilt. We will explain his curious silence for him. He has manoeuvred himself into a position where he cannot wriggle out. So he has become mentally paralysed, immobilised like that folktale of the hyena which tried to follow two ways simultaneously to attend two different parties. The goodly professor still relishes his casting as a comedian! He got talent for it! NB: I will bemoan the fate of my fellow Luos elsewhere at length. On the cultural thread to be specific. But I can summarise thus: Under Raila, we were persuaded to abandon our historical identity of oppositional politics based on moral rectitude and, under the banner of cooperation (with KANU MOI), we assimilated into deep rot to do as the Romas do. The wily professor of politics baited Agwambo out of his historical sensibilities, edged him out of his true heritage, yeah, all by dangling the juicy prospect of endorsing our hero for KANU leadership. This was an inner track to power it seemed. And gullible we were.
We bought it hook line and sink, and we have morally sank ----to the level of the Kalenjins and Kikuyus!
To vie for the championship, the Kalenjins have delegated an awesome looter, the legendary throne pretender, the Samoei William Kipchirchir Singh. The Gikuyu have a King of Graft, born into the experience of looting. A pure breed. Kamwana. The Luos, doing as the Romans do, are delegating a modern looter of awesome height and proven skill, Evans Kidero.
The big tribes of Kenya are convinced the central state is a spoil to be looted, and only instinctively scavengerial hyenas can compete. No table manners requred.
That is the roll call of annointed gladiators sizing up the arena, sizing up the killer weapons to wield. They look good and great. Competitive and skilled. Oiled and mean. But were one to have the presence of mind to ponder the historical agenda of the republic of Kenya, 50 years after independence, several decades late on industrialisation, then are these gladiators but mfuanos, fakes, terracotta stills. Fossils from gone times, come to think of it, late things just like the Judge Tonui, the PM Kinyua, and the scumbag JSC. So yesterday!
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