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Post by toddo on Aug 6, 2011 22:19:19 GMT 3
Folks, I have been reading this saga and to say that I am disgusted is an understatement. The country needs to move forward and ODM is not contributing towards that purpose by engaging is these sideshows. If RAO wishes to be president he should better watch every move he makes from now onwards. MM may have been abrasive and in the wrong job but he does not deserve the humiliation and such treatment. I am very worried that Raila has given ear to the likes of Midiwo. The fellow is a disgrace. Miguna will be fine. I hope Raila will be fine too.
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Post by abdulmote on Aug 6, 2011 22:47:24 GMT 3
Let us weigh Raila’s options given his decision to fire Miguna:-
Once that decision was done, the next question would have been how to go about firing Miguna. Mind you, Miguna’s position was a sensitive one. What of the ‘top secrets’, ‘sensitive political strategies’ and all what have you. Were the “due process†to be followed, the ‘concerned’ would not ignore the risk that may potentially stem out of further retaining Miguna even for a few more days due to his access to the ‘sensitive’ information, which he can or may then use against his established and clearly identified ‘enemies’.
Alternatively, Miguna can simply and promptly get fired, without following any due process, and then Miguna can sue for compensation as a result of the now established ‘unfair dismissal’. After all, whatever the payment Miguna may be entitled to as compensation from the ‘unfair dismissal’ claim is not going to come out Raila’s pockets but the tax payer! Morality or otherwise, it is the perceived political expediency that will come into play.
Despite his immediate and current emotional pain, I believe Miguna has a number of good options he can pursue with time, patience and determination and he should be without a loss. In a way, the whole episode is nothing but a sudden change with opportunities which may offer new and fresh challenges for his near future. Miguna is definitely a strong fighter and I will certainly be looking forward towards seeing his new role unfolding not in a so distant time.
I wish comrade Miguna the very best of luck!
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Post by Deleted on Aug 7, 2011 0:44:11 GMT 3
"Miguna was suspended over alleged misconduct: Refusal to sign local agreement forms despite several appeals to do so, harassment, Intimidation, and use of abusive language to colleagues and misrepresenting the office of the PM." Well Midiwo, Mohamed Isahakia, Omondi et al, if your claims are true then you wouldn't have had any problems getting rid of Miguna. Do you not have a process at the P.M's office for dealing with employee misconduct and such? If you haven't got one then you must be guided by the law. It's called process dah. And Miguna says that the Local Agreement Form that Isahakia demanded he sign was a change of employment terms. If you're going to fire someone for that, you again have to follow due process which includes boring little things like notice, severance pay etc. You all are crazy. Miguna saga far from over
Updated 2 hr(s) 58 min(s) ago
By GAKUU MATHENGE
The suspension of Miguna Miguna by PS Mohamed Isahakia could mark the beginning of a protracted battle, than an end of a love-hate relationship, between the former and ODM top brass.
The big fall of Miguna, who was Prime Minister Raila Odinga’s advisor on coalition matters, may politically boomerang on ODM, and leave the party with egg on the face, unless he decides to cut a deal to fade away quietly.
Regardless of transgressions Miguna may have committed, he could still claim he was suspended illegally or irregularly in contravention of procedures and due process.
Civil service disciplinary regulations provide for warnings putting specific charges in writing, suspension and disciplinary procedures through the Public Service Commission.
Miguna has himself said he learnt of his alleged sins and punishment through the media.
Prof Larry Gumbe, an ODM member and former Centre for Multi-Party Democracy chairman says: “My view is Dr Isahakia could have achieved the same results without being seen to resort to impunity or summary dismissal without due process. They could have transferred him to another department, give warnings and send him to the PSC disciplinary tribunal before suspension. At the moment, he can go to court or Public Service Commission and lodge unfair dismissal claims”.
Letter by PS
According to the suspension letter signed by the PS made available to the media, Miguna was suspended over alleged misconduct: Refusal to sign local agreement forms despite several appeals to do so, harassment, Intimidation, and use of abusive language to colleagues and misrepresenting the office of the PM. ODM Chief Whip Jaoko Midiwo says Miguna has only himself to blame for the woes that have befallen him.
Midiwo says the party could not bear civil servants interfering in political affairs.
“The party had to impose discipline and more is coming. His actions of interfering with other autonomous departments and heads of institutions from the Speaker of National Assembly to the Independent Interim Electoral Commission were hurting us (ODM),” Midiwo said.
Taken long
He added: “It may have taken long to act but that does not mean there were no concerns. For instance, the party was concerned and embarrassed about his decision to fly to The Hague in April. Again, as a civil servant, it was uncalled for, besides causing insinuations that his actions represented the thinking of the party,” Midiwo said.
Former Chief of Protocol in the PM’s office Tony Gachoka, who also left in controversial circumstances for speaking out over a maize scam in 2009, says the Prime Minister does not act casually, but with purpose and caution.
www.standardmedia.co.ke/InsidePage.php?id=2000040338&cid=4&ttl=Miguna%20saga%20far%20from%20over |
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Post by Deleted on Aug 7, 2011 1:44:21 GMT 3
By OTIENO OTIENO Posted Saturday, August 6 2011 at 18:10 Share This Story Share If you follow the English soccer premier league, you might have noticed a few striking similarities with Kenyan politics. Like Kenyan politics, the English game is rough and intense. It worships aggression and athleticism and punishes wit in equal measure. Ambitious clubs like Manchester United and Chelsea go for the pragmatic coach like Sir Alex Ferguson or Jose Mourinho who in turn signs up a hard-tackling thoroughbred bull like Wayne Rooney or Didier Drogba for the attack role. For their part, romanticists like Arsenal’s Arsene Wenger have to endure years of trophy drought and depression from having to keep their key players in the treatment room rather than on the pitch for much of the season. Prime Minister Raila Odinga must be watching too much Arsenal. For what else would explain his decision to release Mr Miguna Miguna from his team on Thursday! Granted, elements of the snobbish elite — the Carey Francis-era Alliance-educated types — might find Mr Miguna’s abrasive style revolting. They may argue that the Prime Minister should not surround himself with people who don’t make him look presidential. But Kenyan politics is not a game of golf. Its brutish nature makes it almost suicidal not to rally enough Migunas to your side or hold tightly onto the one you have going into a tough presidential election battle. It doesn’t look wise either to face up to a wounded opponent like Mr William Ruto or Mr Uhuru Kenyatta with a battalion of safe-playing careerists and paper tigers. As political attack dogs go, they don’t come any better than Mr Miguna. Fiercely loyal and passionate, he brings sharp intelligence to a job dominated by sycophants — which makes him such a rare talent. A box-to-box player of the Kenyan political game, he has often dazzled his fans with the way he has made light work of PNU strongman Moses Kuria’s sliding tackles in rearguard action and then strolled higher up the field to nutmeg Prof Peter Kagwanja in a TV debate. For now, the PM and his armchair advisers could choose to listen to the cheering social media crowd and think they made the right decision after all. But it is a decision they might yet live to regret. Double M is simply irreplaceable. Mr Jakoyo Midiwo, the Gem MP, also takes no prisoners and might fancy his chances. He is also family. But I’m afraid he isn’t Mr Miguna’s intellectual equal. jkotieno@ke.nationmedia.com www.nation.co.ke/oped/Opinion/Why+Miguna+Miguna+is+irreplaceable+on+Raila+team+/-/440808/1214560/-/vreowsz/-/index.html |
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Post by b6k on Aug 7, 2011 9:06:29 GMT 3
KK as I don't subscribe to the (UK) Premier League I will refer to your earlier post. By all means MM has the civil service regulations, labour laws, & even the crispy new bill of rights on his side. He should fight his suspension in the courts of law not the court of public opinion (Jukwaa, Nairobi Star, SMS's to Agwambo, etc). Going the Ruto way of crying to all & sundry about how you have been wronged will not win him more sympathy.
However, if he does go to court, he should not represent himself as tempting as it may be. He will end up with a fool for a client by proving some of the allegations against him when he dresses down the PM's lawyers. I'm sure Jimmy Orengo would take this up pro bono.
Boy do we need Court TV in KE!
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Post by kamalet on Aug 7, 2011 10:41:56 GMT 3
KK as I don't subscribe to the (UK) Premier League I will refer to your earlier post. By all means MM has the civil service regulations, labour laws, & even the crispy new bill of rights on his side. He should fight his suspension in the courts of law not the court of public opinion (Jukwaa, Nairobi Star, SMS's to Agwambo, etc). Going the Ruto way of crying to all & sundry about how you have been wronged will not win him more sympathy. However, if he does go to court, he should not represent himself as tempting as it may be. He will end up with a fool for a client by proving some of the allegations against him when he dresses down the PM's lawyers. I'm sure Jimmy Orengo would take this up pro bono. Boy do we need Court TV in KE! Unfortunately, Miguna will find it hard to get through a legal field so stacked up against him! Perhaps his refusal to sign the "local agreement" may be his undoing. If he did not have an agreement in place, what basis does he have to argue wrongful termination/breach of contract? Part of his problem is the arrangement to recruit him. He was directly appointed by Raila more as a political activist as opposed to your usual civil servant. He was responsible and accountable to Raila only...not even the PS in Raila's office. This being the case, it was always going to be difficult take disciplinary action in the normal manner ( in his case and salary scale, only the PSC would have done that). The options left must have been the process that Raila followed...'suspend without pay'. |
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Post by jakaswanga on Aug 7, 2011 10:53:37 GMT 3
kamalet,
If this mysterious 'local agreement' has the import you allude to, then it would imply indeed, that MM's legal status as an employee was dubious. You know like housemaids in Kenya, usually hired and fired at the whims of Mother Superior!
But on the other hand, MM being a not dim lawyer, would have spotted that anomaly and acted pronto to defend his interests as a worker.
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Post by jakaswanga on Aug 7, 2011 11:06:10 GMT 3
KathureK wrote
Having worked tirelessly he should have at least been accorded due process and basic manners.
Kathure,
You are talking civilsation here! talking neat protocols! I am afraid you are looking for it in the wrong place. Kenyan power politics. This is a lumpen bourgeoisie, ideologically immature, therefore infantile, too in their political mannerisms. I refer you to how the Kibaki court treated Martha Karua, not to mention Matere Kereri, former state house comptroller, who went to a bank after his fall and to his horror found his accounts blocked. All a mistake, but a point had been made.
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Post by kamalet on Aug 7, 2011 11:27:04 GMT 3
kamalet, If this mysterious 'local agreement' has the import you allude to, then it would imply indeed, that MM's legal status as an employee was dubious. You know like housemaids in Kenya, usually hired and fired at the whims of Mother Superior! But on the other hand, MM being a not dim lawyer, would have spotted that anomaly and acted pronto to defend his interests as a worker. He may not be a dim lawyer...but just like our PM, he got blinded by the perks and "apparent" power and perhaps ignored these little details! I like our housemaid analogy! |
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Post by commes on Aug 7, 2011 12:34:18 GMT 3
Hee..heeMiguna Miguna, made persons, particularly those aligned with the KKK, PNU alliance, G7 run out of ammunition, tact and strategy to counter and stand on their two feet for political survival.Their compass had malfunctioned and was not pointing north. But just when the above “alliance” were running out of options and about to lie down in "humble" submission and succumb under the extreme heat from the ICC confirmation of charges that is causing untold political anxiety, and the pending kicking out of the ODM rebels by a High Court decision, a God sent relief, in the suspension of Miguna Miguna fell from heaven like manna.The fact is that, the Miguna Miguna saga is far from over. ODM may just realize the buttress provided by MM. Someone threw the Moi style sacking tactic into play. However, this is a move of the old era. Civil service disciplinary regulations provide for warnings putting specific charges in writing, suspension and disciplinary procedures through the Public Service Commission. Miguna Miguna has himself said he learnt of his alleged sins and punishment through the media. Prof Larry Gumbe, an ODM member and former Centre for Multi-Party Democracy chairman says: “ My view is Dr Isahakia could have achieved the same results without being seen to resort to impunity or summary dismissal without due process. They could have transferred him to another department, give warnings and send him to the PSC disciplinary tribunal before suspension. At the moment, he can go to court or Public Service Commission and lodge unfair dismissal claims”.
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Post by mzee on Aug 7, 2011 13:05:37 GMT 3
Miguna, you have made a name for yourself and I hear the people asking you to vie for the job of governor. Nyanza is ready for you. I will support you in this.
We need a steadfast person who cannot be bribed. There is none other than you.
Do not try fighting Raila even if he is wrong for it won't pay. Look at the bigger picture. We need you as the governor. My MP midiwo cannot stop you from achieving this. That's my advice to you.
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Post by Onyango Oloo on Aug 8, 2011 10:28:00 GMT 3
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