AG GITHU MUIGAI IS MENTALLY WOBBLY, AN INFANTILE MIND!

[jakaswanga]

THE AG AS AN ATAVISTIC MUTANT PRESIDING OVER THE 'WAKE' ON THE CONSTITUTION

O the Long arm of Cyrillus of Alexandria, tall like an evening shadow!

In the beginning there was a 2nd republic. And boy, did it not boast a much-lauded constitution. Duly promulgated with good cheer and wild pomp, a renowned professor at law was put to guide its first government through the remaining steps of implementation. But behold, God would fight back. Amen, infesting with comatose doses of wisdom; for the constitution was a dirty document which mocked the Holiness of the Heavens!

Salvos went thus:

Religious leaders demand deregistration of Atheists society
Apr. 29, 2016

www.the-star.co.ke/news/2016/04/29/religious-leaders-demand-deregistration-of-atheists-society_c1342127

Church leaders have spoken against the registration of the atheist society by the Attorney General.
The Kenya National Congress of Pentecostal Churches and Ministries issued a statement on Friday, saying it was abominable, and unconstitutional to have the society registered and given a certificate.
“All people who believe in God, we register our disgust and protestation to AG for the way he has causally and in utter contempt been handling religious issues in our country. He has now touched nerves of every person of faith by registering a society that denies existence of God,” Stephen Ndicho the Congress vice chairperson said during the Friday briefing held at All Saints Cathedral.

Separately, the Muslims’ Shuura Council chairperson Abdullahi Abdi faulted the registration of the society saying that it not only goes against the constitution of Kenya; it mocks Kenya’s cultural and social norms.
“We are a people of faith, therefore registering any party that believes that there is no God is a mockery to people of Kenya. The danger is that we are now opening up to ideas that are out to promote immorality through erosion of our values, which are anchored on religion,” he said.
The Atheist Society of Kenya was registered early this year and has following of over 5000 members. The organisation embarked on a countrywide recruitment and is currently advocating for the scrapping off of religious studies from the syllabus.

“Our forefathers were ardent believers in Almighty God such that they inscribed tenets in our national instruments including the national anthem, which opens with a prayer “Oh God of All Creation”, and our Constitution which in the preamble acknowledges that we people who believe in God, therefore it contemptuous to register an organisation that defies the same Constitution,” Ndicho said.
“It is not only foolhardy to say in ones heart that there is no God, but most foolish to authenticate the same by issuing a certificate confirming the same. This is exposing our country to God’s wrath and courting disaster,” he added.

The Congress demanded that the society be deregistered failure to which they will go to court as well mobilise kenyans across the faiths to the streets until their demands are met.
“We also demand that the AG resign if he can’t advice the government appropriately on the sensitive matters of religion so as to cultivate a cordial relationship between the religion and state,” he said

[/i][/quote] Fire and brimstone breathing, they fumed at the Sodom and Gomorha aspirant republic. They, the righteous and pious and divine, will mobilise cross-faith$church demos until their demands are met!

Thunder!



And this is not a CORD IEBC show! So, within the twinkle of an eye, the hero from whom the government should be taking legal advice threw up his hands in surrender, and said, be my guest: ---(It reminds me of Cyrillus of Alexandria summoning Orestes the secular prefect, and with an arrogant glint of absolute faith impregnated with worldy utter ruthlessness in his eyes, establishing the fact of the relationship between the state and the church: 'You will kneel before me, Orestes, before the end of the day. You will kiss the cross on the ring in my hand three times in public today, Orestes, or before you go to your bed the power of the Lord shall do his work upon you!)

That was 2000 years ago! One would have thought the reformation, renaissance and the historical emergence of secularism would have fortified some top minds around Africa! Alas! like Orestes wobbly knees before churchly steel, there do exist law professors of the secular state whose minds are intimidated that easy.
Ha! what a worm! Githu Muigai!

Meanwhile his professorial title is suppose to bedazzle, like the regalia worn by a shaman in the act of tomfoolery; then would primitive folks, laymen and the easily fooled, stand back in awe at this ritual charlatan. He has been AG for some time and his record in office reveals not a Solomon but, dare I say, a cheap intrigant. Even in the formation of a simple matter like a Tribunal to investigate the Judge Tunoi, he couldn't hold it up. Creep! Depraved bureaucrat revelling in intellectual masochism.

AG suspends registration of Atheists

Apr. 30, 2016

The Attorney General has suspended the registration of Atheist Society of Kenya following complaints by religious leaders.
A religious organisation had sought that the society be de-registered, saying Githu Muigai should resign for permitting it.
Muigai, in a statement on Saturday, ordered the Registrar of Societies to immediately ban the group.
"The suspension should be done until the propriety, legality and constitutionality of the registration is determined by the supreme court," he said.
But in response to the orders, Harrison Mumia of the Atheist Society of Kenya, said they had not been notified of the de-registration.
"There is a procedure the AG has to use to issue a formal communication to us. Until we get that, we are proceeding with our plans," Mumia told the Star.
Church leaders condemned the registration of the atheist society saying it was "abominable, and unconstitutional".

The vice chairperson of Kenya National Congress of Pentecostal Churches said Muigai has " touched nerves " of every person of faith by registering a society that denies existence of God.
Stephen Ndicho demanded that the society be de-registered failure to which they will go to court as well as mobilising Kenyans across the faiths to the streets until their demands are met.
The Atheist Society of Kenya was registered early this year and has following of over 5000 members.
The organisation embarked on a countrywide recruitment and is currently advocating for the scrapping off of religious studies from the syllabus.

www.the-star.co.ke/news/2016/04/30/ag-suspends-registration-of-atheists_c1342377 ....

No courage, no balls, no convictions! what a lovely creature for an authoritarian! Malleable like Amos Wako was in the same job under Arap Moi.

The AG ordered an immediate ban on the group! ---did I intern that correctly! year 2016!

He really missed the renaissance turn in his studies!

Professor Githu Muigai is a man who can be bent that easy. And he has been. By the clergy of all sectors! Given he has the official reputation of an ace professor at law –-a reputation not borne out by his performance at the ICC before the Canadian Oga Chief Eboe-Osuji, this must be one of the saddest days for the fraternity of learned friends. And that is quite making a claim, seeing the levels of debauchery which this clique of clever but criminalised fellows have wallowed in, post promulgation.

Report after report of graft shine the light on a judiciary and legal fraternity as rotten as Yaya Jameh of the Gambia. Whether it is the NYS being looted, Mumias sugar, SGR inflated contracts, the theft of railway lands, or the illegal amendments of the constitution, top-tier law firms and backstreet law-firms alike, all collude with corrupted judges to hoodwink Kenya into cooked judgements and compromised legal clauses. They facilitate the bandit economy in a role no less infamous than that of the Mpigs in the defeat of the popular constitution.

That is the fraternity from which Githu Muigai cut his teeth and developed his reputation, so his further degeneration into an intellectual running dog for a primitive, conservative clergy who, to a man to a bible, all opposed the new constitution, should be expected. Still it is a shocker that the AG and a professor at law can be this mentally menial, servile and retarded in office. That the cough and stern look of the church is enough to scatter his professorial wits and oath of office is comical to an extent though!

He has what!?

He has ordered the DEREGISTRATION OF THE ATHEISTS ASSOCIATION! And why!? After the complaints by the organised and furious clergy!?

So which is which here!? Is he a professor at law still in concert with his mental faculties holding office as AG, or is he a clergy altar errand boy, switched on for ritual abuse in the name of the father, the son and the holy ghost!? (before we investigate his powers to order the registrar to do this!)

I am in no mood to suffer highly trained Kenyans whose minds are dead. A day of heavy rain has already reduced Kenyan architects, urban planners (surface fluid dynamics specialists), structural engineers and construction technicians to grass-thatch, mud-house builders of Kano planes in Nyanza. And there is just enough patience one can have with childish adults in so many simultaneous disasters.



What is one suppose to say of university skills now, if the capital city is reduced into a flooded river Nyando Basin or Budalangi river Yala rural swamp in one day?
But that aside. Here is a supposed heavy weight of a Githu Muigai whose mind is no less light and muddled than that of some stuporic imbecile outside a bar. What a mental wimp! What a professorial hoax! What a piece of litter! And then, to imagine this clergy Trojan Horse is aiming to replace Wily Mutunga as CJ!
It is to gear for a mental implosion as the mental foundations of the professor are as weak as your nearest illegal storey building in watery Nairobi!

I should go to church tomorrow and chant Cyrillus! Cyrillus! Cyrillus! O thee saint! Hallow be thy name forever!

We need to put Githu Muigai's mind on the infuse. It is already creaking dry, dying. Or we should just dump it at ….. where is the graveyard of broken minds? Mathare mental!?

I am a conviction secularist. Religion is a private affair and should stay divorced from the state. Religion considers prostitution a sin. A state can not have a definition of sin. Just crime at law. Sin can only be forgiven by God. A crime can cease when the law is changed, by a simple (even if corrupt) majority in parliament!

I love the secular state run by secular men who have undergone renaissance in their minds, and confined God to a private matter. –--That is why I am fond of Uhuru Kenyatta. When he tells me God chose him to be president, I know he knows the score. I know he will laugh loudest in the room if I responded: 'man prezzo, whatever you have been smoking out there is really gone to your head! It was actually Allah working through that Hassan boy of the IEBC!' And I know he would remind me: 'Allah or God, who cares the difference so long they keep off our backs!'

Read more: jukwaa.proboards.com/posts/recent#ixzz47JySA3P7 ...

Now I am really scared for the president, with people like Orestes as his counsellors, he too will kneel and kiss the ring of Cyrillus, this very day before he goes to bed!

If he does not, the Lord shall do his work upon him. His Excellency will face both Raila's anti IEBC and the cross-faiths demos in the republic! With the kind of corrupt and parochial regime he runs, he wouldn't survive a week. Even if Nkaissery's APC's arrive in Mombasa, the fanatic muslims would burn them at the parking bay!

O Cyrillus! thy opium seller! How easy you claim Kenya!

'God is here to fight back!' –-----Ayatollah Khomeini on his return to Tehran from exile in Paris.

Orestes became reconciled to Cyril and converted to Christianity, thus ending the strife in the streets of Alexandria between their supporters. Cyril, himself, was never charged with the murder of Hypatia though, according to his apologist, John of Nikiu: "[After Hypatia's death] all the people surrounded the patriarch Cyril and named him 'the new Theophilus'; for he had destroyed the last remains of idolatry in the city"

The new idolatry, now that Christianity is the othordoxy, is of course corruption! Amen!

[jakaswanga]

WHEN A NATION BUCKLES UNDER THE WEIGHT OF THE HIGHEST PRINCIPLES OF ITS CONSTITUTION

I am still much fascinated with the mental implosion of the Attorney General, Githu Muigai, where, according media reports, he directed the registrar to rescind an earlier registration of the atheists association of Kenya. That imperial mindset of issuing decrees unsubstantiated by professorial legal rigour ---thesis, is an implosion in my books. A bubble burst!

This is no small matter. A theocratic monster swallowing a modern, secular constitution which, reputedly, was the hoisted flag of the second liberation. This second go at liberation was necessary for the first had betrayed itself and, under backwardly obstinate patriarchs like Daniel Arap Moi, plunged the land into a period of darkness, more like the dark ages. Imagine Kibaki looked like a saint to Kenyans!

Here now is the kind of mental implosion which is the harbinger of rot at the heart of rule. Power is a bit life fish which begins to rot at the head. It starts to rot at the top. And the behaviour of AG Muigai is a perfect example of a foul odour emanating from the brainy top now rotting, the constitution decaying.

Remember we are dealing purely with the intellect of the intelligentsia running the system. –-And not the apparatus. The Judiciary is an APPARATUS; and it is obvious it is a rotten apparatus so there is no point wasting time here trying to prove that general truth. My problem is this: there is a distinct possibility that, whereas The Judicial apparatus is rotten and collapsed, it does not necessarily follow that everybody working within it is mentally rotten and imploded too. There can be no blanket judgement. Every constituent cog important enough to have a title, AG, CJ, need must be handled apart on its own merit.

This window means I have been granting Githu Muigai the benefit of doubt, that, regardless of his sometimes buffoonish manifestations, the professor was still goodly and mentally okay, civilisation-wise!

But now, he has taken a flight path away from renaissance, the case is closed. He is a retard!

But, condescendingly, I have some comfort for him in the historical perspective. I will consider the French revolution and the American constitution, how recidivism quickly laid them to waste, how many a good scholar backed prejudice instead of logic, and civil war became inevitable to bring sanity back.

The French Revolution (1789-1799) promulgated a new ideological era: Egalite! Fraternity!Liberte! That meant no slavery.

How be it soon afterwards slavery was back and French colonialism was just heading toward its classical form, rampantly racist. With respect to progress contra brutal reversal, recidivism, it is also important to think of current Egypt. The country came together to oust the moribund monster Mubarak, Lo! two years later they have another one called Al-Sisi, and he is the worst monster in recent decades! The pendulum can swing forward only to lurch backwards with unmitigated ferocity.

Historians do not consider that a tragedy though. There is no linear law in history in the short term. Progression is a very long term thing.

WHAT IS/WAS WRONG WITH ABRAHAM LINCOLN?

The meaning of the Declaration was a recurring topic in the famed debates between Lincoln and Stephen Douglas in 1858. Douglas argued that "all men are created equal" in the Declaration referred to white men only.

The purpose of the Declaration, he said, had simply been to justify the independence of the United States, and not to proclaim the equality of any "inferior or degraded race".[181] Lincoln, however, thought that the language of the Declaration was deliberately universal, setting a high moral standard for which the American republic should aspire @wikipedia

The American constitution, nearly in a twin act with the French revolution, apparently declared all men are born equal. But it too, was a slave-owning economic system, wherefore men needed to be defined carefully lest Blackmen get ideas as we see above with Lincoln's opponent, Stephen Douglas.

Here is the seditious passage from the declaration of independence USA 1776

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

Now consider the 1st, or 2nd or 3rd etc etc Attorney General of the young United States. Deep Thinker confronting slavery deeply, reading petitions from self-educated run-away slaves, also aware of the raging debate and hot polemics on the subject, he reckons all men are born equal before The Creator could sustain a ban on slavery, such that the run-aways are not hurled back to hell, like in that movie which made Lupita Nyong'o (Nai-on-g-o) famous.

At the time he entered military service, Whipple owned a slave by the name of Prince. Prior to leaving for Bennington, he called to Prince and said, “Hurry up Prince, we’ve got to go and fight for our freedom.” Prince looked at William and stated, “But I have no freedom to fight for, suh.” Prince’s words struck the heart of his master. Feeling he could not both own a slave and fight for liberty, Whipple told him, “From this moment on you are a free man, Prince. Hurry up now and we will fight for our freedom together.” -USA.org

Thus much does the AG of the young nation burning the midnight oil, prepare a legal position whereupon a master ruling can be based. The president, his boss, is of course a slave-holder, and whether his name is George Washington, John Adams, John Hancockx, Thomas Jefferson, or some other Southerner, there is just that hint the William Whipple Example is gonna be no national deal

Jefferson himself was a prominent Virginia slave holder having owned hundreds of slaves.[168] Referring to this seeming contradiction, English abolitionist Thomas Day wrote in a 1776 letter, "If there be an object truly ridiculous in nature, it is an American patriot, signing resolutions of independency with the one hand, and with the other brandishing a whip over his affrighted slaves."[1 @wikipedia

And so the series of AG's surrendered to their bosses. The problem festered on. Waiting for a decided man. It would be Abraham Lincoln.

Lincoln and the Declaration

Congressman Abraham Lincoln
Shepherd, 1845–1846

The Declaration's relationship to slavery was taken up in 1854 by Abraham Lincoln, a little-known former Congressman who idolized the Founding Fathers.[179] Lincoln thought that the Declaration of Independence expressed the highest principles of the American Revolution, and that the Founding Fathers had tolerated slavery with the expectation that it would ultimately wither away.[10] For the United States to legitimize the expansion of slavery in the Kansas-Nebraska Act, thought Lincoln, was to repudiate the principles of the Revolution. In his October 1854 Peoria speech, Lincoln said:

Nearly eighty years ago we began by declaring that all men are created equal; but now from that beginning we have run down to the other declaration, that for some men to enslave others is a "sacred right of self-government. ... Our republican robe is soiled and trailed in the dust. Let us repurify it. ... Let us re-adopt the Declaration of Independence, and with it, the practices, and policy, which harmonize with it. ... If we do this, we shall not only have saved the Union: but we shall have saved it, as to make, and keep it, forever worthy of the saving.[180]

The secular versus the theological state is such a fundamental issue. And it is just a measure of the respect I entertained for professor Githu Muigai, that I compare his dilemma to that of historical figures who really faced some of the fiercest headaches emanating from the clash of the highest principles of civilisation against pragmatic politics of economic orders. In such a ruthless clash, it not very shameful if Githu Muigai has been found wanting. I will patronise him that much. Men far his superior have had their minds short circuited by similar brain storms.

NB: Very man citizens of the African republics, in their rabid homophobia ever fanned by retrogressives the ilk of William Ruto Singh, would of course love a conservative and primitive bend to the constitution. So that like in Zimbabue and Uganda and Malawi, they can lynch gays –---like Southern Whites lynched Negroes who eyeballed southern belles to soapy knickers. And too, come to think of it, it is not for nothing that our Male Mpigs conspired to derail the Gender bill, by denying it a quorum in parliament last week. Indeed, like those whites who insisted 'all men' did not include blacks in the American declaration of independence, our male mpigs reflect the prejudice of their society and they do not believe in gender parity, nor equality. They would rather selectively interpret the highest principles underpinning the second liberation.

And with them, Githu Muigai.

This is no small matter. This is a matter to revisit Abraham Lincoln on. The highest ideals of the new constitution ….. to be bandied away to reflect the prejudice of the basest elements of the society! Hmmm. just like chapter six, the integrity clause, which was squandered to create room for Rot, Riff and Chaff to continue politicking.
Now I think I have made the point and I can comfortably refer to the professor of an attorney general as an infantile mind. But infantile minds have their charm too. Like they can argue for one hundred years whether a Blackman can marry a white woman. There is this Mr. Lovejoy case I heard of in Louisiana. I wonder why Hollywood never made a movie of it.

Meanwhile I propose we pee on Gihtu Muigai as we peer the horizon for signs of an Abraham, Lincoln!

(Un-edited. Too busy to edit for now!)

[jakaswanga]

THE CADAVER STIRS: RIGOR MORTIS OR AN AWAKENING?

You know the story of those smart kids who, seized by tropical sleeping sickness or laziness, wont do any homework, because they are sure they will get a pass mark, 5.5, and that is just fine enough in life? And on the other side, the stern schoolmaster who will have nothing of such minimalist, lazy arze attitudes and is minded to whip the irresponsible bastards into a work ethic of excellence, and challenging mental exertion?

That is the way I come down on AG Githu Muigai's lazy arz and, nowadays, sleepy head. I would, that ace professor back, would that mentally frontal city solicitor back. Those tenets are buried somewhere under this …. 'mortuarium ripe' mind at the AG's chambers!

AG Muigai backs case seeking clarity on integrity

JUne 21 2017. By ABIUD OCHIENG

The Attorney General has thrown weight behind an application seeking an advisory opinion from the Supreme Court on whether aspirants who have been convicted or sentenced in the past can still be allowed to contest for political seats.
Senior Principal Litigation Counsel Emmanuel Bitta on Wednesday told the Supreme Court that the issue was important and that the court has a role to give clarity on the law.
He however urged the superior court to give general guidance and not specific, because specific guidance will depend on individual cases and facts surrounding such cases.
The application was filed by Kenya National Commission on Human Rights (KNCHR) urging the superior court to issue clarity on the matter in light of the fact that both the High Court and Court of Appeal, have taken conflicting positions on the matter while interpreting Chapter Six of the Constitution.

PERMANENTLY DISQUALIFIED

Lawyer Bitta said that a person facing criminal charges who has been acquitted on a technicality cannot claim vindication by the courts.
He however said that the agencies tasked with enforcing integrity, such as the Independent Electoral Boundaries Commission (IEBC) and Ethics and Anti-Corruption Commission (EACC), must independently and objectively review all the relevant facts, evidence and the applicable law defining the integrity issue, in deciding whether a person is compliant with the leadership and integrity as a national value.
“It is also our submission that where a person has been dismissed from office pursuant to a disciplinary proceeding, then that person cannot hold any other state office unless there is a pending appeal or review of the decision as provided for in the Constitution,” lawyer Bitta told the court.
He added that where a person has been convicted or sentenced and is not pursuing an appeal, then such a person is permanently disqualified because it has been proved beyond any reasonable doubt that the candidate lacks integrity.

SHIED AWAY

Where a person is still serving a lawful sentence of imprisonment of at least six months as at the date of registration as a candidate, or at the date of election, then such a person is equally disqualified.
KNCHR through lawyer Nani Mungai of MMC Africa Law, argued that the High Court and Court of Appeal have both shied away from giving a proper interpretation that would give meaning to Chapter Six of the Constitution, while determining related matters which came before them.

“The supreme court needs to clarify the fit and proper test for leadership under Chapter Six of the Constitution in light of the conflicting and confusing case law that has built on the issue,” said lawyer Mungai.
KNCHR said that the advisory opinion is crucial in light of the fact that the country is in an election year and some of the persons who are responsible for ensuring that public funds are lawfully and properly applied have offered themselves to be elected.

“Some of the persons who have offered themselves for election in the forthcoming elections have been convicted of offences which involve misuse or misappropriation of public funds or other heinous crimes which negatively impacts on their integrity,” he argued.
Hearing resumes on July 5.

A definition of leadership integrity compatible with theft of public goods!?

Me? that is when I tell these people ---morbid things from law schools paid to think this chapter through, are mentally dead. Cadaverous minds.

Why must all these things now come to a head weeks before the general election? Aint it been a deliberate rear-guard action by the fraternity of legally learned friends? A go-slow exercise in sabotage by hirelings and co-anti-people plotters of rotten elite? It is taking an NGO to remind the nation there needs to be some semblance of clarity on integrity! –- a faking NGO for gods sake!
Our ostrich-like studied nonchalance freaks me out!

SAILING THE ELECTIONS WITH A DEFECT MORAL COMPASS!

Eh, Laertesson of Ithaka
Tip me whose patronage it was
That you avoided the twin perils:
The Watersucker and the Hydrahead!

Relying on faking NGO's while the nation has the likes of Mutunga and Muigai. Dr. Wily is truly buried, but this is how harsh I have been at Githu:

Today, as Attorney General, Githu Muigai has been bitten by the bug. The bureaucratic bug that infests the inner sanctums of power with instant degeneration. His once ace mental potence has evaporated. The wheels of power have culled and shaped him into a semblance of what he once did battle against, at the height of his powers. Howbeit he and Maraga are but mummified,show-case intellectual cadavers representative of the whole judicial bureaucracy. (that is both state and non-state judicial bureaucracy in the examples I will give!)

NOW APART FROM THE LAW, THE FRATERNITY OF LEARNED FRIENDS IS BLIND

Read more: jukwaa.proboards.com/thread/6920/2nd-liberation-came-stillborn?page=3#ixzz4kqdsUCRP

WHAT IS ANNE WAIGURU'S INTEGRITY RATING?

Queen Anne's integrity is officially reasonable enough to vie for (and hold) public office in Kenya. That is the official/currency standpoint of the whole legal infrastructure of the republic of Kenya, second liberation flag flying!

That is the official standpoint of the Attorney General Githu Muigai, and the CJ David Maraga. --I know what I am seeing. I know what I am smelling. Their minds too far gone. I thus qualify them intellectual cadavers.

THE DREAD INTEGRITY CLAUSE OF CHAPTER SIX

But how do you bar Anne and let Evans through!? Evans is the looter of Mumias, already Nairobi governor. And how do you bar Dr. Evans 'Odili' and let pass The Hustler, William Singh!? The VP and former ICC journeyman is a looter of just about anything public!

Now this line of questions gets into a domino dynamic, ad infinitum, and very soon no prominent Kenyan candidate for high office is left standing! This is of course the real import of the integrity clause as envisioned in chapter six, and wilfully voted for by the public in overwhelming embrace. A moral purge ar the top ---(lower down it is shoot-to-kill by cops or lynching by burning or Talibhan-liKe stoned to death of thieves in mob justice!). This ... moral purge at the top .....is the thrust whose weight, depth, rational and logical consequences embodied in chapter six, has incapacitated the once formidable mental faculties of Githu Muigai, and afforded the new CJ David Maraga a mental stroke. Yes, French leave of the senses, even the common ones.

Read more: jukwaa.proboards.com/thread/6920/2nd-liberation-came-stillborn?page=3#ixzz4kqex28Ef

June 21 2017: AG Muigai backs case seeking clarity on integrity

The Attorney General has thrown weight behind an application seeking an advisory opinion from the Supreme Court on whether aspirants who have been convicted or sentenced in the past can still be allowed to contest for political seats.
Senior Principal Litigation Counsel Emmanuel Bitta on Wednesday told the Supreme Court that the issue was important and that the court has a role to give clarity on the law.
He however urged the superior court to give general guidance and not specific, because specific guidance will depend on individual cases and facts surrounding such cases.

The application was filed by Kenya National Commission on Human Rights (KNCHR) urging the superior court to issue clarity on the matter in light of the fact that both the High Court and Court of Appeal, have taken conflicting positions on the matter while interpreting Chapter Six of the Constitution.

PERMANENTLY DISQUALIFIED

But this thing is a long-running story.
Some no longer remember this kid: MUTULA KILONZO. A smarter arz, less compromised head and more less unscrupulous. Then backed by an equally high-minded Justice PS, Gichira Kibara:

The status of Deputy Prime Minister Uhuru Kenyatta and Eldoret North MP William Ruto under the Leadership Code is particularly significant as they are facing charges of crimes against humanity in the Hague. Former Justice minister Mutula Kilonzo repeatedly said that Uhuru and Ruto would not be eligible under the new constitution for any elective post unless the ICC clears them.

The Leadership and Integrity Bill is under preparation to operationalise Chapter Six of the constitution. "Persons facing serious crimes charges both locally and abroad are not allowed to stand for election or appointment to any state office," Justice PS Gichira Kibara said in a speech read for him at a legislative seminar earlier this month.

Read more: jukwaa.proboards.com/thread/6891/comes-cj-on-integrity-chapter#ixzz4kqhUmlI7

And then

But MPs reviewing the draft constitutions in Naivasha in January 2010 softened this clause by introducing another clause stating, "a person is not disqualified under clause (2) unless all possibility of appeal or review of the relevant sentence and decision has been exhausted."

Read more: jukwaa.proboards.com/thread/6891/comes-cj-on-integrity-chapter#ixzz4kqhmXnyD

Which is why I concluded, that this CHAPTER SIX, THE RADIANT FLOWER OF THE 2ND LIBERATION, COULDN'T BE LET LIVE, its operationalisation entrusted to the same gang of marauding criminals it was intended to cull.

I said the Kenyan judicial apparatus, both statal and non statal, is a scumbug racket. And it does not require genius to prove it. –--They can't define integrity, even in the narrowest functional sense of a revised/mutilated chapter six of the 2010 firebrand constitution!

Parliament now rests for the election!

Looking at the shenanigans around integrity, these are examples of what I see when I open my eyes (or mind for that matter) and take a look at the intellectual landscape! In the case of chapter six, it looks to me like the moral collapse of an intellectual (judicial) bureaucracy, followed by an intellectual implosion, and for the rest, tactical hibernation.

This is what the integrity clause as a radiant flower of the second liberation has achieved. Its fragrance, pollen emissions, are asphixiatingly toxic to the intellectual wing of the caretaker class. They need must kill it.

Which brings me to the cultural war in Kenya and disfigured historical identities/personalities. –--Next.

Read more: jukwaa.proboards.com/thread/6920/2nd-liberation-came-stillborn?page=3#ixzz4kqiMlbNy

In all these years clausal cannibalisation, the professorial mind of Githu Muigai has not made felt its presence!

I called that taking French leave of his goodly senses. I call that hibernating like a eunach's crotch before duty. But it was when I looked at his pay-cheque that I saw the light. A pure parasite, earning the heavens, performing nil. A cadaver. –--old word for such bureaucrats used to be 'DEAD WOOD'!

Now the cadaver stirs, and I ask: is it rigor mortis, or an awakening!

But he left it too late for me. Githu is lost to history forever! Even his honest memoirs wont atone. He now rests in peace, at the mental morgue, awaiting shipment to the Lang'at where they bury Kenyan minds who could have sorted the republic out of its moral abyss.

FOOTNOTE: HEADS, TAILS?

Amos Wako blames collapse of Anglo Leasing cases on Githu Muigai’s handling

By Geoffrey Mosoku. May 21st 2014

Read more at: www.standardmedia.co.ke/article/2000121840/amos-wako-blames-collapse-of-anglo-leasing-cases-on-githu-muigai-s-handling

The two traded accusations that left the country uncertain just who between them was responsible for the feeble, if not non-existent, defence the Kenya Government put up, leading to losses that have now seen President Uhuru Kenyatta succumbing to pay up Sh1.4 billion.

Prof Muigai had blamed it all on Wako but Tuesday, the Busia Senator and former long-serving AG came out declaring that he left office just after he had filed Kenya’s defence, which he said he left in Githu hands. Wako asked Githu to carry his own cross over the bungled State defence in the cases filed by Universal Satspace and First Mercantile Securities Corporation. Wako faulted his successor for misrepresenting the facts when he (Githu) claimed that he was only a mortician and not the surgeon who oversaw the death of the patient (in reference to the court cases). He argued that Githu appears to have lost it when he stepped away from the written script. Wako said he was surprised that the Attorney General of the Republic of Kenya could refer to himself as a mortician.

mY vocabulary for these two fine lawyers!?

cadavers!

Come! O scavenger hyenas come!
Kenya has manna by the truck loads
The schools of law a nonstop conveyor belt!

[jakaswanga]

GITHU MUIGAI'S TREMBLING HAND ON THE KILL

Who is Githu Muigai today? Better asked is, what is he today?

He was great once; and, believe it or not, he was once a brilliant young Turk of a lawyer, and a mighty professor at law.

Not anymore.

He now reminds of a situation as put forth witily by David Cameron. Cameron is now the ex prime minister of the UK, succeeded by an even more inept Teresa May, but the circumstances are for later. But that day, Cameron was still in the opposition benches, baby face and the coming man. Opposite him was a hurting Tony Blair. Blair was still going through the motions of being a great Prime Minister. The young Bull Cameron sized him up. Hungry Dave was bent on having him for a meal: 'Blair, you were the future once! Like me you know how that feels! But now you are a faded stump. You are still a great liar though, though the tragedy is no one believes you no more, not even your lying self!'

There arose much tumult in the House. Cameron had nailed it. The speaker of her Majesty's parliament drowned, shouting ORDER! ORDER! ORDER! Tony Blair's tenure was dead; Gordon Brown couldn't hide his pleasure. At least the long awaited resignation was now nearer than ever.



And in deed Brown became Prime Minister.

And he flew, past boom and bust!



But when he landed it was like that Icarus story!



Cameron beat him. And soon Cameron beat himself. The future once, became the past, very fast.




Yes, Our own AG Githu Muigai has been reminding me of all these great men who, quicker than was thinkable, became the past!

Ever since Githu Muigai became the Attorney General by virtue of being the Prezzo's cousin, the academic in him lost its professorial mojo. Because he was contracted as AG to contain the brilliance of others, much in contradiction to his professorial calling which, in the line with all teaching professions, is to nurture talent, train, and cultivate even more brilliance in others. Githu accepted the poisoned chalice of a renegade regime to neutralise himself, or at least brurally snuff out the progressive whims of his once formidable mind.

As AG, he would be the architect of constitutional mutilations to debase the 2010 pride. He would author strategic amendments to undercut the potency of the 2010 thingy, to redirect it to a document underpinning the interests of the status-quo. For instance, he would neutralise chapter six, the dreaded integrity clause. He would make sure it was no headache for the Uhuruto criminal syndicate aka Jubilee. He would invent readings and interpretations of it, all confusionist and obscurantist, all anti- people! anti Wanjiku and pro nobility and their impunity!

He has been less devious than the consigliere Amos Wako when the Busia ace served Moi and his KANU mafia. Nevertheless Githu was been an effective and blunt instrument, a cudgel.

But time does run out on us all, nepotistic mercenaries and all. The cabinet reshuffle recently botched, was to consume the AG too. He was to be replaced by at least a neutral. Because Ruto is understandably nervous. There are files Githu and Moi could play him out with, if the succession game turns nasty. And it already has the signs thereto.

To prove himself still a warrior of use, Githu has been busy.
–--Raila will be hanged, He opted.
–--These peoples assemblies are illegal. Should be banned.

Our once ace legal mind is SCARE-CROWING. His voice is trembling in submission, his mind unsteady like the thumb of an apprentice noble, asked to nod on a kill for the first time at the local LUDUS. (A makeshift local arena where trainee gladiators too fight to death for local entertainment on a market day!).

But I want to be nice to the old prof. So I will round him wide thus.

CHAPTER SIX, INTEGRITY IN LEADERSHIP IN KENYA; AND BARRACK OBAMA AND THE CASE OF TORTURE IN GUANTANAMO CIA BLACKSPOT, CUBA.

When ace legal minds flop!

Next

footnote

AG Githu Muigai files petition against creation of People's Assembly

Jan. 22, 2018. By PATRICK VIDIJA

www.the-star.co.ke/news/2018/01/22/ag-githu-muigai-files-petition-against-creation-of-peoples-assembly_c1702110

Attorney General Githu Muigai has filed a petition challenging the creation of NASA's People's Assembly.

The petition, filed under a certificate of urgency, wants the court to rule that the entities, as established by 15 county assemblies, are illegal.

Through deputy chief state counsel Charles Mutinda, Muigai claims the counties passed motions establishing the people's assembly in contravention of the Constitution.

Muigai further argues that the said counties are using public resources in illegal activities neither envisaged in the Constitution nor any other written law.

"It is the duty of the petitioner under Article 156(6) of the Constitution to promote, protect and uphold the rule of law and defend public interests."

"The people's assemblies are not envisaged by the architecture and framework of the constitution of Kenya," reads part of the affidavit.

But Muigai claims the supreme has established structures and institutions within which grievances raised by NASA over last year's poll can be addressed within the law.

The AG says any other mechanism, other than what is provided in the law, is an attempt to overthrow the Constitutional order, hence is null and void. ...

[jakaswanga]

Jan 23, 2018 20:04:11 GMT 3 jakaswanga said:

GITHU MUIGAI'S TREMBLING HAND ON THE KILL

Who is Githu Muigai today? Better asked is, what is he today?
----------
But I want to be nice to the old prof. So I will round him wide thus.

CHAPTER SIX, INTEGRITY IN LEADERSHIP IN KENYA; AND BARRACK OBAMA AND THE CASE OF TORTURE IN GUANTANAMO CIA BLACKSPOT, CUBA.

When ace legal minds flop!

Next

footnote

AG Githu Muigai files petition against creation of People's Assembly

Jan. 22, 2018. By PATRICK VIDIJA

www.the-star.co.ke/news/2018/01/22/ag-githu-muigai-files-petition-against-creation-of-peoples-assembly_c1702110

Attorney General Githu Muigai has filed a petition challenging the creation of NASA's People's Assembly.

The petition, filed under a certificate of urgency, wants the court to rule that the entities, as established by 15 county assemblies, are illegal.

Through deputy chief state counsel Charles Mutinda, Muigai claims the counties passed motions establishing the people's assembly in contravention of the Constitution.

Muigai further argues that the said counties are using public resources in illegal activities neither envisaged in the Constitution nor any other written law.

"It is the duty of the petitioner under Article 156(6) of the Constitution to promote, protect and uphold the rule of law and defend public interests."

"The people's assemblies are not envisaged by the architecture and framework of the constitution of Kenya," reads part of the affidavit.

But Muigai claims the supreme has established structures and institutions within which grievances raised by NASA over last year's poll can be addressed within the law.

The AG says any other mechanism, other than what is provided in the law, is an attempt to overthrow the Constitutional order, hence is null and void. ...

When My Luo brother, Barrack Obama, failed to act his promise and shut down the Muslim anal rape camp called Guantanamo, I sighed heavy on the Luo pivot. This distant son of our village flew as high as can –---UCLA, Columbia, Harvard and a Chicago professorate; and the whole rigmarole: law and philosophy, doctorals and post docs, and all of it Cum Laude, Summum's and Magna's you know. As an old African saying grins, this son of our village was so clever he could take God himself to task if God were not careful! (an old classical poet would put it as: born of the fish-mongers, his brains weaned on omena, Obama grew 'wiser than the gods in counsel! So the heavens feared him!')

But dam-n! watch this highest-flying of Luos, this peer of the gods in counsel, thud flat and not know the definition of torture; nor know that torture as was systematically practised in Guantanamo, constituted a crime against humanity worse than the Kiambaa church burnings and Naivasha roastings for which Uhuru and Ruto were condemned to the Hague! Much forlorn was I thus on the Luo pivot when I thought: Ni-ggah aint learnt sh!t about thought! It is like he is a pre-renaissance man, along with holocaust sh!tholes like Hitler.

Yap. On the Luo pivot I don't do half measures. I spare half measures and other flirtations with mediocrity for when I adorn my Kenyan hat. I am very comfortable being mediocre of mind as a Kenyan. Excellence would be a jarring, disorienting oddity in the Kenyan context.

(Imagine an excellent interpretation of chapter six, and an excellent enactment of the same –-integrity-- in the statutes of the land! Which politician do you know will be left standing! So long live mediocrity!)

Think about this too: the whole male bureaucracy at the first National referral and academic hospital, Kenyatta, from the management to consultant docs, from nurses to cleaners, from morgue attendants to watchmen, they all know lactating women are raped along the dinghy corridors of the hospital and they just kept mum: A green mile story. What happens in the green mile stays in the green mile.



It is an amazing feat in mediocrity. In fact these creeps who have been on the omerta are subhumanly mediocre!

Okay, tongue in cheek now: my wet (mental) dream was to watch Githu Muigai's aceful mind be the architect of a bill to embed and fundamentalise for all posterity, the import of chapter six and the purpose of integrity in public office in Kenya, both bureaucratic and elected . Yeah, I salivated –--no, ejaculated at the fantasy of the combined mental power of the brilliance of Wily Mutunga and Githu Muigai, AG and CJ respectively, crystallising the import of this most notorious of chapters in the promulgated constitution, into law. This act, I day dreamed, would be the crowing intellectual labour of the educated duo, Mutunga and Githu.

They would then pass into eternal fame, legends in their life-time, having anchored the renaissance in Kenya's public space.

In a fit of fantasy, I imagined the duo would be like all great reformers of their times remembered forever –--e.g HAMURABI THE LAW GIVER or the other Martin Luther not King, of reformation. I imagined Mutunga and Githu Muigai would the healthiest toast of all progressive parties in the annals of Kenyan history, forever! Mama Mia! I heard a dream!

Alas! the otherwise came to pass! Githu and Wily were but mirages! their heads morgues of dead thoughts!

So what more do I see now when I look at this thing called Githu Muigai!?

Trust me, I am game to tell you exactly what I see! But I want to translate it first into weak-worded-Jukwaa-conform vocabulary! Conform Kenyan mediocrity too ….... like affording two useless but horridly expensive presidential elections in 2 months! And here we are one week to more comedy! about the inconclusive result!

I am all for secession, from mediocrity. Problem is I am not sure the proposed AG of our fishy Kavirondo republic, Dr. Otiende Amollo, or Opondo Kaluma as CJ, will be anything above the flat-footed Wily Mutunga and mentally-fainted Githu Muigai! –--You know history can repeat itself … as ...

and I will be back!