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Post by job on Dec 19, 2011 5:44:24 GMT 3
Thanks Mr. Defense.
It is such poorly written letters (scanned above) that literally fuel the engines of corruption and impunity within Nairobi's corridors of power. It is the muthendi that lies underneath these letters that counts, not the mangled words and grammar in them.
Matemu must have received this letter (plus the mouth-watering stack underneath), complied with it's improper requests, then smiled all the way to the bank.
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Post by mzee on Dec 20, 2011 10:46:00 GMT 3
Will the nominees survive in parliament this afternoon, even after it was revealed that the top dog to be is rotten to the core?
Im really waiting for the outcome of this debate.
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Post by job on Dec 20, 2011 19:45:44 GMT 3
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Post by b6k on Dec 20, 2011 20:42:58 GMT 3
According to Twitter the 3 nominees scraped by through parliament. The vote was 50 to 49.
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Post by mzee on Dec 20, 2011 20:44:58 GMT 3
A sad day for Kenya. A corrupt thief set "catch" other thieves. I'm shocked. In retrospective I must say that PLO inspite of his short comings was not corrupt and was therefore a better choice. Corruption is having a field day.
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Post by job on Dec 20, 2011 21:54:24 GMT 3
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Post by kamalet on Dec 20, 2011 23:10:15 GMT 3
Let me say at the outset that not even Cardinal Otunga (soon to be saint) would have managed to kill corruption in Kenya his being religious or passionate not withstanding. This lot that we have today and even those that were missed out and for whom Nyamweya and Khalwale were fronting for would have done zilch to kill corruption.
So if we can them look at the matter regarding Matemu, I regret to say that there has been a lot of disinformation and a blatant witchhunt against the man by politicians. Unfortunately the incomplete information that our media carries (when convinient) is taken as gospel truth by Job and he has built an analytical piece based on wrong information!
Being on my annual holiday I was able to watch the entire debate on tv and carefully listened to both sides argue their case. It was clear that there were those who were happy to lie if only to advance their case!
For instance, Job carries the little lie by Khalwale that there was an affidavit sworn by Washiminya it turns out that it was only a letter and was ruled as such by Marende. The letter was written to the committee to block off the appointment of Matemu. What no one seemed to ask was why there would be a dispute between the two gentlemen. Listening carefully it turns out that Washiminya's problem with Matemu is premised on the latter's refusal to authorise a payment of 72 million shillings that Washiminya was demanding for the agency services - and Matemu told the guy that he would only be paid once the tax was collected!
Then there is this 2.4 billion that Matemu neglected to collect from Kingsway. The letter that pasted on this thread from the company actually captures an agreement for the amount to be paid weekly. However, Kingsway defaulted without paying a penny and instead went to court asking for orders to stop the agency notice that had shut down their business. The court declined and KRA was allowed to collect the outstanding taxes.
So what is Matemu's role in this money? Actually, it turns out that contrary to Job's assertion that Matemu was a commissioner in charge of taxes (or customs), he in fact was the commissioner for central services where the legal department of KRA was situated. When KRA were awarded the case, Matemu passed on the matter for collection to the Commissioner for LTO under whom the law provided the powers to collect. It was therefore wrong to drag Matemu's name as the one that failed to do his job! The relevant laws were actually quoted in the house indicating those in KRA empowered to collect which taxes and the Matemu's department had no such mandate!
As regards the Agricultural Finance Corporation where he was chief legal officer, the allegations are contained in a 'dossier' that was brought to the house by Gitobu Imanyara. Again the report based on CID investigations centred on theft at the Narok Branch and the report has no mention of Matemu. The CID complaint is dated July 2011 and Matemu only served the AFC during Moi's time which would explain the determination of many to have him not appointed!
Bottomline we have had a system that actually betrays the recruitment process in parliament and ends up reducing the appointment of constitutional office holders to political and ethnic horse trading.
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Post by job on Dec 21, 2011 2:50:26 GMT 3
Let me say at the outset that not even Cardinal Otunga (soon to be saint) would have managed to kill corruption in Kenya his being religious or passionate not withstanding. This lot that we have today and even those that were missed out and for whom Nyamweya and Khalwale were fronting for would have done zilch to kill corruption. Resignation into a fate of cynicism is one of the factors that drives on this culture of corruption. This mentality of if you can't beat them, join them in matters to do with corruption needs to be tackled head-on, not by leaders, but by the people directly. For your information, I followed these proceedings directly from the Hansard...from where I copied and pasted relevant excerpts. I'm not an enthusiastic consumer of news reported by the Kenyan media; infact I've been a strong critic of mainstream media for blatant misrepresentation of facts. Khalwale tabled an affidavit signed by Commissioners of Oaths...don't be the one misled by media misrepresentations and distortions...here is a direct excerpt from the Hansard: Dr. Khalwale: Mr. Temporary Deputy Speaker, Sir, when the Committee was seized of this
responsibility, they put up advertisements inviting Kenyans to come forward and give
reasons for or against the nominees. I want to table a sworn affidavit by a Kenyan who
offered to come and give evidence before this Committee. The sworn affidavit is
witnessed by Onalo and Ogesa, Commissioners for Oaths. The owner of the affidavit is a
Mr. Philip Jasper Washiminya, who had the following to say, but he has been denied an opportunity to
appear before Parliament. He said that he was commissioned by the Kenya Revenue
Authority (KRA) to enforce a restrain order against a company that had refused to pay
Income Tax amounting to Kshs2.4 billion. He was denied that opportunity, but his
evidence has reached me, and I hear it also went to the Committee. His final submission
was that five years down the line, Mr. Mumo Matemu had failed, was reluctant, ignored
or refused to collect Kshs2.4 billion in outstanding taxes from Kingsway Tyres and Auto
Mart Limited, even with the support of a judgment from the High Court of Kenya. I wish
to table this document and the judgment---
(Dr. Khalwale laid the documents on the Table)
source: The Hansard, Parliament of the Republic of Kenya, 15th December, 2011. You don't seem to ask why the public didn't get the Sh 2.4 billion owed to them by Kingsway. Like many of those corrupt MPs, it appears you've jumped onto the bandwagon of vilifying the debt collector who was acting on behalf of the public. That debt collector must have seen the Tango between Kingsway and KRA, and specifically pin-pointed it at Matemu's office (legal services at KRA). What is really wrong with interrogating this relationship (Tango) on behalf of the public? Wrong! Theft at Narok AFC branch was just one issue. Another bigger issue was issue of no-guarantee loans of above Kshs 18 million to Asians connected to the Moi regime...loans which were not repayed, but actually written-off with Matemu's complicity as Company Secretary. Mr. George Nyamweya: Mr. Temporary Deputy Speaker, Sir, I am also a
Member of that Committee. I would like the House and Kenyans to know that we did not
come to this conclusion easily. We do understand the weight and responsibility of the
work that we were to discharge. That must be made abundantly clear.
Mr. Temporary Deputy Speaker, Sir, I can say, for example, that I know the
nominee for Chair. He worked at the Agricultural Finance Corporation (AFC) where I
served as the Managing Director. He has also worked at the Kenya Revenue Authority
(KRA). Our concern was particularly because we were required to give notice to
members of the public about anybody who may have issues with the members. Indeed,
we did receive concerns from members of the public. One of the greatest concerns which
really gave us considerable agony was that it was being suggested that the proposed
Chairman of the Ethics and Anti-Corruption Commission, whilst in charge of the legal
services at the KRA negotiated a dud with a company which owed the KRA Kshs2.4 billion
and the arrangement was that, that company should pay Kshs1.4 million per week to
offset the Kshs2.4 billion. The question we asked ourselves---The House can, of course,
overturn us. That is quite in order, but we must also be aware that we have warned you
that this is not a suitable person for this job. That is why as much as the nominee is a very
well known person to me---- He is a colleague; he is lawyer like me, but I do not take that
sort of action with pleasure. I must clear my conscience that I am doing what I think is
suitable for the country . It is indeed a tragedy that a member of the public who has been defrauded by schemes perpetrated by Matemus of this world, could defend outright theft that robs him. Really tragic! |
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Post by patriotism101 on Dec 21, 2011 8:14:12 GMT 3
;D I couldnt help but laugh at the Kingsway letter to KRA. That Matemu or someone at KRA approved the request no questions asked is indeed incompetent if not criminal. We are talking Kshs 2.4 billion- someone writes nonsense and a KRA commissioner approves- no guarantees requested, no deposits no payment agreements asked reeks corruption to me. The letter does not even indicate the assesed tax. What kind of bullshit is this? How can civil servants deal in such wishy washy way like this and get away with it? Get bigger jobs and bigger pay? Oh and by the way - did you notice it was approved the same day it was received-no consultation! How efficient of KRA! Has any one tried dealing with KRA of late? Or tried following up on their tax refunds? I bet you will get a same day response! ;D Here is how I think this issue went down. Kingsway mhindi and KRA roughnecks met and a deal was reached. Briefcase full of cash is delivered in the meantime, a KRA officer drafts a letter to him/herself and asks Kingsway to send it over. The KRA officer is so excited by the contents of the briefcase, carries the letter straight to the office, stamps it "Received" and immediately signs it approved! ;D This scam sounds familiar? It does to me. You can only know the passion of a woman at night- hiyo ni Kali! If any one in that parliament wanted to know the meaning of the word passionate- they should have asked MM- He epitomises passion! Any way back to my Matemu- Once the deal is done- Kingsway file is put in protective custody- In the meantime- Washiminya can shout his voice hoarse as the money is put in good use. Nyama choma for a job well done. a plot in mlolongo, a house in Tena, a house in shags. my point- If there was a job that needed outsourcing- this was one of the jobs. But again- we did not disappoint. |
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Post by kamalet on Dec 21, 2011 9:04:07 GMT 3
Let me say at the outset that not even Cardinal Otunga (soon to be saint) would have managed to kill corruption in Kenya his being religious or passionate not withstanding. This lot that we have today and even those that were missed out and for whom Nyamweya and Khalwale were fronting for would have done zilch to kill corruption. Resignation into a fate of cynicism is one of the factors that drives on this culture of corruption. This mentality of if you can't beat them, join them in matters to do with corruption needs to be tackled head-on, not by leaders, but by the people directly. For your information, I followed these proceedings directly from the Hansard...from where I copied and pasted relevant excerpts. I'm not an enthusiastic consumer of news reported by the Kenyan media; infact I've been a strong critic of mainstream media for blatant misrepresentation of facts. Khalwale tabled an affidavit signed by Commissioners of Oaths...don't be the one misled by media misrepresentations and distortions...here is a direct excerpt from the Hansard: Dr. Khalwale: Mr. Temporary Deputy Speaker, Sir, when the Committee was seized of this
responsibility, they put up advertisements inviting Kenyans to come forward and give
reasons for or against the nominees. I want to table a sworn affidavit by a Kenyan who
offered to come and give evidence before this Committee. The sworn affidavit is
witnessed by Onalo and Ogesa, Commissioners for Oaths. The owner of the affidavit is a
Mr. Philip Jasper Washiminya, who had the following to say, but he has been denied an opportunity to
appear before Parliament. He said that he was commissioned by the Kenya Revenue
Authority (KRA) to enforce a restrain order against a company that had refused to pay
Income Tax amounting to Kshs2.4 billion. He was denied that opportunity, but his
evidence has reached me, and I hear it also went to the Committee. His final submission
was that five years down the line, Mr. Mumo Matemu had failed, was reluctant, ignored
or refused to collect Kshs2.4 billion in outstanding taxes from Kingsway Tyres and Auto
Mart Limited, even with the support of a judgment from the High Court of Kenya. I wish
to table this document and the judgment---
(Dr. Khalwale laid the documents on the Table)
source: The Hansard, Parliament of the Republic of Kenya, 15th December, 2011. You don't seem to ask why the public didn't get the Sh 2.4 billion owed to them by Kingsway. Like many of those corrupt MPs, it appears you've jumped onto the bandwagon of vilifying the debt collector who was acting on behalf of the public. That debt collector must have seen the Tango between Kingsway and KRA, and specifically pin-pointed it at Matemu's office (legal services at KRA). What is really wrong with interrogating this relationship (Tango) on behalf of the public? Wrong! Theft at Narok AFC branch was just one issue. Another bigger issue was issue of no-guarantee loans of above Kshs 18 million to Asians connected to the Moi regime...loans which were not repayed, but actually written-off with Matemu's complicity as Company Secretary. Mr. George Nyamweya: Mr. Temporary Deputy Speaker, Sir, I am also a
Member of that Committee. I would like the House and Kenyans to know that we did not
come to this conclusion easily. We do understand the weight and responsibility of the
work that we were to discharge. That must be made abundantly clear.
Mr. Temporary Deputy Speaker, Sir, I can say, for example, that I know the
nominee for Chair. He worked at the Agricultural Finance Corporation (AFC) where I
served as the Managing Director. He has also worked at the Kenya Revenue Authority
(KRA). Our concern was particularly because we were required to give notice to
members of the public about anybody who may have issues with the members. Indeed,
we did receive concerns from members of the public. One of the greatest concerns which
really gave us considerable agony was that it was being suggested that the proposed
Chairman of the Ethics and Anti-Corruption Commission, whilst in charge of the legal
services at the KRA negotiated a dud with a company which owed the KRA Kshs2.4 billion
and the arrangement was that, that company should pay Kshs1.4 million per week to
offset the Kshs2.4 billion. The question we asked ourselves---The House can, of course,
overturn us. That is quite in order, but we must also be aware that we have warned you
that this is not a suitable person for this job. That is why as much as the nominee is a very
well known person to me---- He is a colleague; he is lawyer like me, but I do not take that
sort of action with pleasure. I must clear my conscience that I am doing what I think is
suitable for the country . It is indeed a tragedy that a member of the public who has been defrauded by schemes perpetrated by Matemus of this world, could defend outright theft that robs him. Really tragic! Job You will be pleasantly surprised that I followed the live proceedings on TV - yesterday - and the information you have is rather outdated. You will notice that I reported that Marende had declared that the document by Washimina was not an affidavit, but actually a letter (like any other!) sent to the committee. A lot happened yesterday and you will notice when you finally read the Hansard! As regards the 2.4 billion I should be asking if it was paid, are you not asking the wrong person? If only to help, please look at the letter from Kingsway and you will notice it is addressed to the commissioner of Income Tax and NOT the commissioner for Support Services. That is the correct position both in law and fact and it does not relate to a decision Matemu took or failed to do! The "evidence" against Matemu on AFC only moves from Narok Branch to "massive loans to Indians" when it fails to point a finger at Matemu. You correctly state the loans were given to Indians under the Moi regime - need I really say more? Just what makes AFC any different to KCB or NBK.....do you go blaming the legal officers for failure to deny the 'indians' loans? Strangely, the person who would have helped exonerate Matemu was Nyamweya who served as Managing Director of AFC with Matemu......but he does not as he was bent on getting a fellow Kisii appointed! Finally, it is not cynicism that is driving my resignation. I do not believe that the solution lies in an individual with whatever constitution power that comes his way - the solution lies with the politicians who lord it over us. They have to change their ways if the war is to be won!That is actually where you should be looking! |
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Post by b6k on Dec 21, 2011 9:34:18 GMT 3
Strangely, the person who would have helped exonerate Matemu was Nyamweya who served as Managing Director of AFC with Matemu......but he does not as he was bent on getting a fellow Kisii appointed! Kamale, what kind of tribal tripe are you serving so early in the morning? Truth be told, Matemu was at AFC during Gideon Moi's tenure as MD, not George Nyamweya's. If Nyamweya has information on what Matemu did then it would've been well after the horse had bolted from the barn through company correspondence or bank records. All that aside, this thing is far from over. Midiwo has just asked Speaker Marende to consider the fact that the 50 to 49 vote was a rejection of the Legal Committees report NOT an approval or endorsement of the nominees. This may yet go to another vote.... |
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Post by kamalet on Dec 21, 2011 9:46:22 GMT 3
Strangely, the person who would have helped exonerate Matemu was Nyamweya who served as Managing Director of AFC with Matemu......but he does not as he was bent on getting a fellow Kisii appointed! Kamale, what kind of tribal tripe are you serving so early in the morning? Truth be told, Matemu was at AFC during Gideon Moi's tenure as MD, not George Nyamweya's. If Nyamweya has information on what Matemu did then it would've been well after the horse had bolted from the barn through company correspondence or bank records. All that aside, this thing is far from over. Midiwo has just asked Speaker Marende to consider the fact that the 50 to 49 vote was a rejection of the Legal Committees report NOT an approval or endorsement of the nominees. This may yet go to another vote.... B6k Just what is tribal and tripe for that matter? Matemu served AFC during the Moi error but also Nyamweya was MD of AFC and should have known the process that was followed and especially since the loan write-offs were done during his time. As for the Midiwo's application before the speaker, the problem I see with the motion is that it is losing focus. The vote by the deputy speaker should not be the basis and the argument should be on what was exactly voted for...! |
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Post by mwalimumkuu on Dec 21, 2011 9:52:04 GMT 3
b6k,
Not sure what Midiwo is trying to say here. The report propsed a rejection of the nominees but the house voted the other way meaning that it reversed the verdict of the legal affairs committee thus endorsing the nominees.
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Post by b6k on Dec 21, 2011 10:32:31 GMT 3
Kamale, the jibe about Nyamweya being bent on getting a fellow Kisii in was the tribal tripe. Nyamweya may simply be concerned having seen the Matemu/Moi path of destruction at AFC that this is not the right person for the job. Either way parliament has already adjourned & the backbenchers look hell-bent on locking horns on the Finance Bill.
Mwalimumkuu, Midiwo also wasn't very clear on which specific law(s) he was using to argue his case. Although Khalwale said "we don't want to leave Kenya to gangsters", this may be a lost cause.
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Post by kamalet on Dec 21, 2011 10:36:17 GMT 3
b6k, Not sure what Midiwo is trying to say here. The report propsed a rejection of the nominees but the house voted the other way meaning that it reversed the verdict of the legal affairs committee thus endorsing the nominees. Here is the ruling of the speaker on the matter on 15th December: I have looked at the amendment in a very short time and I did not,
before this Sitting, have adequate opportunity to look at the import of the proposed
amendment. But I have, for as long as I have been sitting here, been able to do so. The
import of the amendment is such that it will in its three parts negative the effect of the
Motion. The Motion by the Departmental Committee on Justice and Legal Affairs asks
the House to adopt its Report which has the effect of rejecting the proposed nominees to
the positions of Chairperson and Members of the Ethics and Anti-Corruption
Commission laid on the Table of the House on Wednesday 14th December, 2011.
The amendment proposed by the Member for Yatta seeks to do the converse and
so, in effect, it will negative the Motion. Applying Standing Order No.55(2) which reads
to this effect:-
“No amendment shall be permitted if in the opinion of the Speaker it represents a
direct negative of the Question proposed.”
In my opinion, the proposed amendment by the Member for Yatta does so. So, the
net effect, therefore, is that the House has the discretion to deliberate on the business at
Order No.10 and decide one way or the other. The House may agree with the
Committee, in which case, it will adopt the Committee’s Report or the House may
disagree with the Committee, in which case, it will reject the Committee’s Report. If the
House rejects the Committee’s Report by defeating this Motion, then the effect will be
that the nominees as proposed by His Excellency the President in consultation with the
Prime Minister, will stand. I hope I am clear on that. |
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Post by nereah on Dec 21, 2011 14:34:40 GMT 3
so what? lets see.someone may run to court and block the appointment of matemu and co? i guess even jukwaa through its legal minds like sheria shafi ;D and sadik ;D can pro bono take instructions to block these appointments.
on a serious note, i want to issue a ringing endorsement to the decision of the interviewing panel that shortlisted team matemo,mzee kibakiand agwambo and also parliament.
i do so for several reasons but the most urgent one being that the approvals and pending appointment are,by my stretch of my imagination,going to serve the interest of those against matemu & co.
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Post by Mr Defence on Dec 21, 2011 15:22:28 GMT 3
HOW THEY VOTED:
NAMES APPROVED
1. Ali Mohammed
2. Lucas Chepkitony
3. Farah Maalim
4. James Gesami
5. Robinson Githae
6. Yusuf Hajj
7. Boaz Kaino
8. Philip Kaloki
9. Jamleck Kamau
10. Kambi Kazungu
11. Fred Kapondi
12. Charles Keter
13. Linah Kilimo
14. Charles Kilonzo
15. Kiema Kilonzo
16. Gidion Mbuvi
17. Jackson Kiptanui
18. Joseph Kiuna
19. Julius Kones
20. Beatrice Kones
21. Joshua Kutuny
22. Joyce Laboso
23. Elijah Lagat
24. Raphael Letimalo
25. Itwiku Mbai
26. Cecily Mbarire
27. Kareke Mbiuki
28. Mohammed Mahmoud
29. Robert Monda
30. Charity Ngilu
31. David Njuguna
32. Peter Mwathi
33. Sammy Mwaita
34. Johnstone Muthama
35. Kalonzo Musyoka
36. David Musila
37. Daniel muoki
38. Victor Munyaka
39. Charles Nyamai
40. Walter Nyambati
41. Manson NYamweya
42. Chris Okemo
43. Samuel Poghisio
44. Isaac Ruto
45. Naomi Shabab
46. Sugow Aden
47. Ferdinand Waititu
48. Clement Wambugu
49. Yusuf Hassan
50. Rachel Shebesh
NAMES REJECTED
1. Abdikadir Mohammed
2. Shakeel Shabir
3. Adul Bahari
4. Olago Aluoch
5. Omondi Anyanga
6. Polins Anyango
7. Njoroge Baiya
8. Wakoli Bifwoli
9. Yusuf Chanzu
10. Gaichuhie Nelson
11. Joseph Gitari
12. Stanley Githunguri
13. Nicholas Gumbo
14. Asman Kamama
15. Manyala Keya
16. Boni Khalwale
17. Wilbur Ottichilo
18. Kilemi Mwiria
19. Jeremiah Kioni
20. Gideon Koncellah
21. Wilson Litole
22. Oyugi Magwanga
23. Katoo Metito
24. Jakoyo Midiwo
25. Peter Munya
26. Julius Murgor
27. Ndiritu Muriithi
28. Mutava Musyimi
29. Thomas Mwadeghu
30. John Mbadi
31. Chris Obure
32. Martin Ogindo
33. Ayiecho Olweny
34. Wilfred Ombui
35. Cyprian Omollo
36. Charles Onyancha
37. James Orengo
38. Dalmas Otieno
39. James Rege
40. Silas Ruteere
41. Alfred Sambu
42. Eseli Simiyu
43. Eugene Wamalwa
44. Edward Yinda
45. Omar Zonga
46. Musikari Kombo
47. Millie Odhiambo
48. Sofia Abdi
49. George Nyamweya,
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Post by kamalet on Dec 21, 2011 15:35:17 GMT 3
so what? lets see.someone may run to court and block the appointment of matemu and co? i guess even jukwaa through its legal minds like sheria shafi ;D and sadik ;D can pro bono take instructions to block this appointments. on a serious note, i want to issue a ringing endorsement to the decision of the interviewing panel that shortlisted team matemo, mzee kibakiand agwambo and also parliament. i do so for several reasons but the most urgent one being that the approvals and pending appointment are,by my stretch of my imagination,going to serve the interest of those against matemu & co. Nereah Can I refer you to the judgement in the Kiplagat case regarding his appointment to the TJRC? You will find there is no need for any other legal interpretation! The point to look at will be the directions of the speaker and my suspicion is that the ruling he made last week will probably hold. |
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Post by nereah on Dec 21, 2011 16:01:18 GMT 3
so what? lets see.someone may run to court and block the appointment of matemu and co? i guess even jukwaa through its legal minds like sheria shafi ;D and sadik ;D can pro bono take instructions to block this appointments. on a serious note, i want to issue a ringing endorsement to the decision of the interviewing panel that shortlisted team matemo, mzee kibakiand agwambo and also parliament. i do so for several reasons but the most urgent one being that the approvals and pending appointment are,by my stretch of my imagination,going to serve the interest of those against matemu & co. Nereah Can I refer you to the judgement in the Kiplagat case regarding his appointment to the TJRC? You will find there is no need for any other legal interpretation! The point to look at will be the directions of the speaker and my suspicion is that the ruling he made last week will probably hold. if jukwaa,assuming we give sadik instruction and he is willing to represent us, were to go to court to block matemu's appointment, there would be precedence but again stubborn facts that could derail it. our clever lawyer may kill two matemu with at minimum two moves. i guess our counsel would want to not only limit jukwaa to the act on public ethics and somehow take a two prong strategy of invoking those damning evidences against matemu and prosecute to recover money from the car dealer? what if the probe to recover this money unearth as it should more incriminating evidence against matemu? can this be proof positive to seek orders to bar him from assuming office? you remind me of kiplagat's mess and crisis. my stand on that,as the archive shows, was loudly clear. just to disgress, a maseno based jukwaa member told me how recently kiplagat was at the university and an observer had to be discerning to determine which cap he was wearing- chair of maseno university council or trjc.matemu,just like kiplagat,has no choice but to prove all those who are against his public appointment wrong. yes, there are many whose past disqualify for certain jobs but again we have those who may have never made the positive difference or rose to acclaim if we limited them to their perceived commission or commission of the past however illegitimate or unlawful. |
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Post by kamalet on Dec 21, 2011 16:06:53 GMT 3
Nereah
Unfortunately if Matemu and the other three is gazetted by Kibaki, then only anything they have done after appointment qualifies as a ground for their removal.
All that you raise as historical mistakes made by him were supposed to have been dealt with during the appointment process and must be deemed to be dead at that time. That was the basis on the Kiplagat case....and is the same argument in the misplaced application on the Tobiko case.
...unless of course the intention is just the nuisance value of such an application!
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Post by nereah on Dec 21, 2011 16:17:27 GMT 3
kamale, i am not a lawyer but this one is no kiplagat and again if we were to limit our worldview to such precedence then the three judge bench would have overturn justice nicholas ombija's historic ruling on president bashir. to digress again, are you aware that the judge who issued the much ridiculed ruto acquittal has reportedly been "pun ished"(dont tell anyone you heard it from jukwaa  )for very legitimate reason. i would have voted along with the odm sisters like laboso,shebesh (see the above list by mr defence) for other consideration that i am not ready to share in jukwaa. but again, i am alive to the fact that matemu may just be as ill-fated as his predecessors. let me give way to informed minds in jukwaa on this. note:i am saying that whatever imperatives that informed , mzee kibaki and agwambo and my like minded kenyans to allow matemu and co take over the job,there is a flip side, a patently ominous one that we must cross our fingers kenya don't veer into in an election year. i may be wrong, as usual. |
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Post by tnk on Dec 21, 2011 19:58:00 GMT 3
HOW THEY VOTED:NAMES APPROVED1. Ali Mohammed 2. Lucas Chepkitony 3. Farah Maalim ..... .... NAMES REJECTED1. Abdikadir Mohammed 2. Shakeel Shabir 3. Adul Bahari ...... .... , kenyan society and indeed parliament being the biggest culprit has become so accustomed to mediocrity that they cannot even recognize it anymore. voting is a tool considerably lower on the decision making scale than other methods. if your house is on fire and you are deciding the next course of action e.g do you stay and fight or tough it out or do you flee? do you call your housemates/friends and take a vote? if someone is due for heart surgery and you have various options, do you vote? what am saying is that decision making should be based on sound factual reasoning and not by people using the butt/feet/hand/stomach as tools for taking decisions that will impact 40m kenyans rather than engage the brain. the kenyan MP today hauls their butt vide their feet into the chamber not to debate but to raise their hand to multiple choice questions. sadly there are a handful of legislators that want to break away from this nonsense but cannot penetrate the dense mass here is a bill by danson mungatana who saw this coming www.kenyalaw.org/klr/fileadmin/pdfdownloads/bills/2011/Public_Appoints_Bill_2011.pdfand tried to lay the groundwork for parliament to actually reason their way through this exercise. parliament for a long time has complained that they have been ignored by executive when making public appointments. now that finally they are able to participate in this process how do they do this, by engaging the butt/feet/head/stomach as decision making tools. the idea of using the brain to make informed decision is totally alien to be contd... |
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Post by mangai on Dec 21, 2011 20:02:11 GMT 3
b6k, Not sure what Midiwo is trying to say here. The report propsed a rejection of the nominees but the house voted the other way meaning that it reversed the verdict of the legal affairs committee thus endorsing the nominees. Speaker Marende has ruled rejection of the committee report did not amount to approving the nominees but rather the list of nominees as presented to parliament still stands. It is upon the government to come up with a motion seeking to approve the three nominees. Members of parliament will then have another opportunity to either approve or reject the nominees. I also suspect at that stage, a member can come up with an amendment to the proposed motion, say to approve some and leave out others. Matemu Mumo, it appears, still has a long way to go. |
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Post by mwalimumkuu on Dec 21, 2011 20:30:32 GMT 3
b6k, Not sure what Midiwo is trying to say here. The report propsed a rejection of the nominees but the house voted the other way meaning that it reversed the verdict of the legal affairs committee thus endorsing the nominees. Speaker Marende has ruled rejection of the committee report did not amount to approving the nominees but rather the list of nominees as presented to parliament still stands. It is upon the government to come up with a motion seeking to approve the three nominees. Members of parliament will then have another opportunity to either approve or reject the nominees. I also suspect at that stage, a member can come up with an amendment to the proposed motion, say to approve some and leave out others. Matemu Mumo, it appears, still has a long way to go. As usual, Marende never disappoints. Just the other day, he ruled the other way when members tried to get this thing right (see Kamale's lates post on this). Today he has a totally different take. What a cartoon of a speaker. Marende aside, looking at the list provided by Mr. Defense, one fails to understand what these MPs are upto. For instance, of what use was Imanyara's protests then take off and fail to vote when his vote was so badly needed? Kenyans will be better served knowing that corruption is the way of life of our leaders. |
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Post by job on Dec 22, 2011 0:15:20 GMT 3
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)for very legitimate reason.