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Post by mzee on Feb 23, 2008 10:48:46 GMT 3
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Post by politicalmaniac on Feb 23, 2008 18:50:37 GMT 3
Is he the one to do the nomination or is that an ODM affair?
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Post by mzee on Feb 23, 2008 19:06:33 GMT 3
Is he the one to do the nomination or is that an ODM affair? ODM does the nominations but if the minister for local government finds that they dont meet the necessary criteria then he kicks them out. If Uhuru for whatever reason does not like passaris he might come up with a reason to kick her out. You all know PNU has a bone to pick with the lady. |
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Post by mzee on Feb 23, 2008 23:32:25 GMT 3
Passaris was rejected over conflict of interest, says Uhuru Published on February 24, 2008, 12:00 am By Sunday Standard Team Local Government Ministry omitted former Adopt-A-Light Managing Director Ms Esther Passaris’ name from the list of nominated councillors because she has two cases pending in court against the City Council of Nairobi www.eastandard.net/news/?id=1143982344&cid=4 |
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Post by theanarchomugikuyu on Feb 24, 2008 1:34:07 GMT 3
Almost certainly a selective application of the law. Nonetheless, Passaris does have a glaring conflict of interest here. And one that is in litigation, no less.
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Post by adongo23456 on Feb 24, 2008 3:40:43 GMT 3
Even pettiness has limits. Uhuru has no business cleansing the nominees to city, municipality and urban councils. It is ridiculous how failed "national" leaders like Uhuru Kenyatta tend to curve small territories to exert influence. Uhuru should quit the pimping business and let parties nominate whoever they want to be councilors.
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Post by politicalmaniac on Feb 24, 2008 4:03:18 GMT 3
Even pettiness has limits. Uhuru has no business cleansing the nominees to city, municipality and urban councils. It is ridiculous how failed "national" leaders like Uhuru Kenyatta tend to curve small territories to exert influence. Uhuru should quit the pimping business and let parties nominate whoever they want to be councilors. But is he within the confines of the law? Thats the question. |
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Post by kamalet on Feb 24, 2008 5:22:10 GMT 3
As a citizen of Nairobi, I must agree with Uhuru and take it a step further by suggesting that a woman of loose morals should not be allowed anywhere near leadership of a city like Nairobi. ODM the party of moralists and clean politics seems to have no qualms about whom to impose on the people of Kenya and it does not matter that some of tehse characters have a corrupt past.
Thankfully, the people of Nairobi are not as subservient as the poor souls of Kisumu who had to get an political failure import from Mombasa to become Mayor with no questions asked! Let us get Majani if it is the one that ODM want to give us - at least he has a mandate from the people.
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Post by theanarchomugikuyu on Feb 24, 2008 14:36:36 GMT 3
Yes actually there's some doubt about whether Uhuru has the power to do this. There's no provision in the Local Governement Act for disqualification on conflict-of-interest grounds (perhaps there's a 'good character' clause?)
Interestingly, if the conflict of interest prohibits her from being elected Mayor, it ought also to render her election as a councillor void. But the councillorship is not being disputed...
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Post by mzee on Feb 24, 2008 14:39:45 GMT 3
As a citizen of Nairobi, I must agree with Uhuru and take it a step further by suggesting that a woman of loose morals should not be allowed anywhere near leadership of a city like Nairobi. ODM the party of moralists and clean politics seems to have no qualms about whom to impose on the people of Kenya and it does not matter that some of tehse characters have a corrupt past. Thankfully, the people of Nairobi are not as subservient as the poor souls of Kisumu who had to get an political failure import from Mombasa to become Mayor with no questions asked! Let us get Majani if it is the one that ODM want to give us - at least he has a mandate from the people. Some handpicked people sometimes turn out to be very good. Raila was once upon a time accussed of picking one Shakeel Ahmed Shabir from Nairobi and "making" him mayor of Kisumu. The good news is that Shabir went on to be the most effective mayor not only in Kisumu but the whole of Kenya. All residence of Kisumu still dream of the days of Shabir. Its with that in mind that ODM wanted to put Passaris in place as mayor of Nairobi. The city council has been managed by a bunch of incompetent people since independence and it is a high time we had a person who would be able to run the city well. |
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Post by gakungu on Feb 24, 2008 15:10:34 GMT 3
Anyone who doubted that the Party of No Use topped up the votes at KICC have witnessed this fragrant abuse of the rules of fair play in the nomination of councillors exercise.
How could Uhuru nominate 6 extra PUNU councillors in Nairobi without following the laid down rules?
On Esther Pasarris I am sincerely fed by the shenenigans of these masquaranders excuses like ' she owes the council' and such stuff. It is totally hogwash.
Could anyone really disqualify Uhuru from been a cabinet Minister on account that since part of the major reforms set to be undertaken is land reform, there will be a conflict of interest since his family owns hundred of thousands of acres?
ODM need to say enough is enough. These nonsense will have to stop. Forget the court injuctions, the way out is political action. These despots are inimical to logic or any constructive ideas.
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Post by adongo23456 on Feb 24, 2008 15:22:35 GMT 3
As a citizen of Nairobi, I must agree with Uhuru and take it a step further by suggesting that a woman of loose morals should not be allowed anywhere near leadership of a city like Nairobi. ODM the party of moralists and clean politics seems to have no qualms about whom to impose on the people of Kenya and it does not matter that some of tehse characters have a corrupt past. Thankfully, the people of Nairobi are not as subservient as the poor souls of Kisumu who had to get an political failure import from Mombasa to become Mayor with no questions asked! Let us get Majani if it is the one that ODM want to give us - at least he has a mandate from the people. "A woman of loose morals": What the heck is that? Who made Uhuru the "morals" police of Kenya or the Taliban of the nation. Keep you taliban mentality to your household and may god have mercy on them. The conflict of interest argument is rubbish. Ms Passaris as a councilor would have to declare her conflict of interest position when the case comes up at council meetings. At any rate it is the courts that will determine the case and one would assume the courts are independent and credible and would not be influenced by Ms Passaris status as a councilor of the city of Nairobi. Uhuru is simply terrified of this woman and his village elder politics just exposes how politically bankrupt he is. Moi nominated Uhuru to Parliament and made him the Minister of Local Government, Kibaki has recycled him to the same position. It is the furthest he will ever go in national politics besides his credentials as a Mungiki godfather. And Kamale, the other dude's name is Majiwa not Majani and apparently he is a PNU mole. That should make you happy. At least PNU can have a sleeper mole as mayor of the city of Nairobi. What next? adongo |
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Post by mzee on Feb 24, 2008 15:55:08 GMT 3
Anyone who doubted that the Party of No Use topped up the votes at KICC have witnessed this fragrant abuse of the rules of fair play in the nomination of councillors exercise. How could Uhuru nominate 6 extra PUNU councillors in Nairobi without following the laid down rules? On Esther Pasarris I am sincerely fed by the shenenigans of these masquaranders excuses like ' she owes the council' and such stuff. It is totally hogwash. Could anyone really disqualify Uhuru from been a cabinet Minister on account that since part of the major reforms set to be undertaken is land reform, there will be a conflict of interest since his family owns hundred of thousands of acres? ODM need to say enough is enough. These nonsense will have to stop. Forget the court injuctions, the way out is political action. These despots are inimical to logic or any constructive ideas. Gakungu, The despotic moves being pulled by the Mungiki godfather Uhuru Kenyatta will come back to haunt him and PANU. At this time when there are problems of rigging the presidential elections it would have made sense to heal the nation by not indulging in more of the same. But the godfather of mungiki cannot resist the temptation of interfering with ODM. Imagine what could have happened if Moi had succeeded in pushing this fellow down our throats. |
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Post by JAHAATWACH on Feb 24, 2008 16:07:42 GMT 3
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Post by JAHAATWACH on Feb 24, 2008 16:10:33 GMT 3
I have checked and checked and checked.
Esther who reminds me of the Speaker of US Congress, Nancy Patricia D'Alesandro Pelosi deserves the seat and she will get it.
Go Passaris! Go! Esther!Go!1 ;D
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Post by Deleted on Feb 24, 2008 21:35:23 GMT 3
I have checked and checked and checked. Esther who reminds me of the Speaker of US Congress, Nancy Patricia D'Alesandro Pelosi deserves the seat and she will get it. Go Passaris! Go! Esther!Go!1 ;D JAHAATWACH What were you checking for? |
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Post by JAHAATWACH on Feb 24, 2008 21:41:03 GMT 3
I have checked and checked and checked. Esther who reminds me of the Speaker of US Congress, Nancy Patricia D'Alesandro Pelosi deserves the seat and she will get it. Go Passaris! Go! Esther!Go!1 ;D JAHAATWACH What were you checking for? For any just impediment to Passaris nomination. |
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Post by Deleted on Feb 25, 2008 0:26:23 GMT 3
JAHAATWACH What were you checking for? For any just impediment to Passaris nomination. Hey JAHAATWACH Would her "loose morals" as per Kamalet's assertion be justification to block her nomination? |
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Post by dropmyload on Feb 25, 2008 11:20:51 GMT 3
As a citizen of Nairobi, I must agree with Uhuru and take it a step further by suggesting that a woman of loose morals should not be allowed anywhere near leadership of a city like Nairobi. Hilarious! And does Martha Karua not have "loose morals"? Any she is negotiating the ate of the nation! |
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Post by nereah on Feb 25, 2008 11:46:45 GMT 3
... a woman of loose morals should not be allowed anywhere near leadership of a city like Nairobi. i thought jukwaa had zero tolerance to trash talkers? |
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Post by enigma on Feb 25, 2008 14:27:48 GMT 3
Ok enough of the trash.
1. I have looked at the Local government act and it appears that the act gives the minister the power to even determine how many councillors may be nominated.
Number of councillors. L.N.342/1963, L.N.634/1963, 9 of 1968, Sch., 31 of 1971, Sch., 11 of 1984, Sch., 13 of 1988, Sch.
39. (1) The number of councillors of a county or town council shall be as follows—
(a) such number of councillors (if any) as the Minister may, by order determine, elected for each electoral area by the electorate thereof;
(b)where the Minister by order so determines, in lieu of the councillor or councillors to be elected by any electoral area within a county or township, a councillor or the same number of councillors, appointed by the council of a county division within which that electorate area wholly falls;
(c) such number of councillors nominated by the Minister to represent the Government, or any special interests as the Minister may, by order determine;
2. The same act however does not explicitly give the minister the power to object to a certain individual being nominated.
Power to make rules
271. The Minister may from time to time make rules—
(a) for the better carrying out of the purposes and provisions of this Act, and any such rules may be made with regard to all local authorities generally or with regard to any particular local authority or class of local authorities;
(b)applicable in the area of any township authority in respect of any of the matters for which a council of a county division may make by-laws.
3. Elsewhere, the same act provides the minister with the power to terminate the term of a nominated councillor and it would appear that Uhuru has jumped the gun by objecting before the nomination is gazetted.
Term of office of councillors. 11 of 1967, s. 2, 9 of 1968, Sch., 31 of 1971, Sch., 11 of 1984, s. 8.
40.(1) The term of office of every councillor nominated under section 39 (1) (c) shall be five years or such shorter period as the Minister may, at the time of nomination, specify:
Provided that the Minister may at any time in his discretion terminate the nomination of such a councillor by notice in writing delivered to the councillor and thereupon his office shall become vacant.
4. It also appears that the minister has usurped the role of the ECK as they are the ones mandated to determine on what grounds a nominee may be disqualified.
Qualifications for nomination, etc., as a councillor other than as an elected councillor. L.N.105/1965. 10 of 1997, Sch.
53A.Subject to the Fifth Schedule, any rule made by the Electoral Commission may prescribe, or may provide for the prescription of qualifications to be possessed by persons who are to be nominated, appointed or otherwise selected as councillors for any local authority and may prescribe, or may provide for the prescription of, different qualifications for different classes of such councillors.
Disqualifications for councillors. L.N.105/1965. 10 of 1997, Sch.
53B. (1) The Electoral Commission may by rules prescribe, or may provide for the prescription of, disqualifications for nomination for election as an elected councillor or for nomination, appointment or other selection as a councillor of a local authority additional to those specified in the Fifth Schedule and may prescribe, or may provide for the prescription of, different disqualifications for different classes of councillors.
However the law could do with a bit of streamlining here because the ambiguity in wording gives the minister cause to overstretch his powers and contradict the powers of ECK.
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Post by diramu on Feb 25, 2008 18:32:09 GMT 3
PASSARIS should not be the mayor until the case she has against the city council ends.
They are so many elected Odm councillors they can choose from.Odm fought for changes and
morals.If they really wanted these people to be mayors,they should have told them at least
stand for elections as councillors first Do they want to tell me of all elected odm councillors no one qualifies to be a mayor? Look at Mombasa the some guys who funded kaya bombo clashes during kanu regime are making the shots.They will impose on Mombasa residents either Joho's uncle Modhar or Najib's first cousin Taufiq.Both nominated councillors.
I am a very disapointed Odmer
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Post by wakwitu on Feb 25, 2008 22:55:08 GMT 3
Bring on the BOMAS constituion that will allow for direct election of mayors.
This mayoral race scenarios shows why we need constitutional changes because even ODM is showing its imperial tendencies of imposing candidates, I resent that!
I have never liked the idea of nominating someone and then having him / her run for mayor, leave alone the idea of nominated councillors. Why did Passaris not run? At least the crooked councillors went to the electorate.
In this case Uhuru is right - you can not run to be mayor when your company is suing the city you are running - that is conflict of interest at its worst.
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Post by theanarchomugikuyu on Feb 25, 2008 23:27:11 GMT 3
enigma,
good stuff, thanks.
But, as you note, there are no express provisions for the disqualification of a mayoral candidate by ministerial decree.
Also, i wonder about the following point. The provisions (both under this Act and the earlier one) seem to apply to the election of councillors too. So, there's good reason to think that if Passaris is to be disqualified from running for Mayor, then her election as councillor is also ineffective. No-one is making that argument, so I take it that Uhuru considers her election as a councillor is valid. But I haven't seen any provision, either in this act or in the earlier one, which permits the Minister to prohibit a validly-elected councillor from standing for Mayor. That's why I suspect (but can't prove) that Uhuru has exceeded his ministerial powers. (Though I certainly do not think that Passaris ought to be elected Mayor - given the glaring conflict of interest, and the amount of money at stake)
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Post by enigma on Feb 26, 2008 8:07:29 GMT 3
enigma, good stuff, thanks. But, as you note, there are no express provisions for the disqualification of a mayoral candidate by ministerial decree. Also, i wonder about the following point. The provisions (both under this Act and the earlier one) seem to apply to the election of councillors too. So, there's good reason to think that if Passaris is to be disqualified from running for Mayor, then her election as councillor is also ineffective. No-one is making that argument, so I take it that Uhuru considers her election as a councillor is valid. But I haven't seen any provision, either in this act or in the earlier one, which permits the Minister to prohibit a validly-elected councillor from standing for Mayor. That's why I suspect (but can't prove) that Uhuru has exceeded his ministerial powers. (Though I certainly do not think that Passaris ought to be elected Mayor - given the glaring conflict of interest, and the amount of money at stake) Are you aware that Passaris is not an elected or nominated councilor? Her nomination as councilor was quashed by Uhuru as it were. The fact that Passaris' nomination has been thwarted (fairly or unfairly) and given that a mayor can only be elected from among nominated or elected councilors means she is not eligible to run for election as a mayor. Conflict of interest is another matter altogether. The minister himself is manifesting conflict of interest by using ministerial prerogative to nominate 13 councilors at the expense of proportional representation; the powers vested in his office notwithstanding. |
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