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Post by kamalet on Sept 25, 2012 14:13:21 GMT 3
This is a very interesting ruling by the three judge bench, stressing that they are out to protect and uphold chapter six of the constitution. I seem to recall arguments being advanced by sympathizers of two people well known to us that the courts cannot interprete chapter six of the constitution without the enabling legislation, and a lot of energy was therefore expended in parliament to make this enabling legislation 'friendly' to these two people. Well, here is a three judge bench declaring that they are out to 'protect and uphold' the constitution. If I was one of these two gentlemen facing even more serious integrity issues than Mr. Matemu, I would be very afraid. www.standardmedia.co.ke/?articleID=2000066555&story_title=Court-annuls-Mumo-Matemu-appointmentFedera, The ruling is indeed ' interesting', but I am afraid the standard article does not recognise its due significance. I you, or someone else could find the total excerpt of the ruling, please post it in whole on Jukwaa. THE MATEMU ARREST.Let me first explain my near layman' s use of the term arrest in law. An arrest, jurisprudentially, is a landmark ruling on a precarious or sensitive matter. Sensitive as in complicated and involving gigantic oppositional interests, commercial or otherwise... [] political. The ramifications are thus far and wide, game-changers. The arrest as a ruling of a court, serves as a benchmark, and sets a precedent upon which later, similar cases may be held against. An arrest therefore, to serve her pretence, must be groundedly reasoned, thought out in law and coherent within the legal philosophy of the political order in the background. Otherwise it does not stand the test of time, can never be a precedent, and would be annulled in the next appeal. Now Judges Joel Ngugi, Joel Odunga, and Ngugi Mumbi, have set the bar with their reasoning in this case. --But the case is going to the court of appeal, and so c ould be overturned, given the mental corruption prevalent in our land. The three judges explain, that the provisions of chapter 6, the intergrity clauses on those seeking to occupy public offices, are not just:
1. mere suggestions 2. superfluous points 3. merely ornamental 4. far from being mere lofty statements of aspiration or intent, they are core and fundamental.
B: THe judges write: ' Kenyans were singularly desirous of cleaning up OUR politics and governance structures, by insisting on high standards of personal integrity among those seeking to guide us.'THIS IN MY OPINION IS AN ARREST. A BENCHMARK interpretation of Chapter six. ICsThat reasoning, has to be undone by the appeal court in order to re-instate Matemu. And that reasoning must send a shiver up the spine of some candidates who are ensnared in the suit brought to court by the activists Neto and Mwararia and Abubakr and Momanyi of Kenya Youth Parliament. The judges noted Matemu was implicated in shady deals as a legal officer at the AFC. --aside question is, how did he pass the vetting standards? and how come the two principals picked him inspite of this clear statement of: MATEMU WAS A CORRUPT LAWYER AT AFC! nb: Lawyer Muite Paul [presidential candidate??] and LSK chair Eric Mutua, and Grace Maingi of FIDA, issued statements commemorating this ruling by the court as impressive and standard-setting. Essentially a benchmark. NB: a court rules thursday whether the suit originally brought against Uhuruto by the activists Neto and co will include the expansion! The suit was challenging UK$Ruto' s eligibility to run for PORK, but was later denounced by the original activists when it was extended to include Raila and Kalonzo. The Judges will be Isaac Lenaola ; Mohamed Warsame [he of the Miguna typology], and Filomena Mwilu. It is a ruling to watch in ITS REASONING. Thus to shed light upon it in the background of the MATEMU ARREST.Jakaswanga I have previously said I find the ruling curious and on reflection even dangerous! The three judicial neophytes on the bench failed to recognise the separation of powers in nullifying the appointment of Matemu. We can discard Matemu and discuss the merits of the ruling on the infringing of the doctrine of separation which I think is the core of the dispute here. |
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Post by jakaswanga on Sept 29, 2012 15:10:37 GMT 3
NB: a court rules thursday whether the suit originally brought against Uhuruto by the activists Neto and co will include the expansion! The suit was challenging UK$Ruto' s eligibility to run for PORK, but was later denounced by the original activists when it was extendedd to include Raila and Kalonzo. The Judges will be Isaac Lenaola ; Mohamed Warsame [he of the Miguna typology], and Filomena Mwil[/b]u[/size]. It is a ruling to watch in ITS REASONING. Thus to shed light upon it in the background of the MATEMU ARREST.[/quote] Judges Warsame, Mwilu and Lenaola, were proven out of their depths, as far as understanding, and interpreting legalistically and specifically, the consequences or implications of the clauses on integrity embedded in chapter six of the new constitution, goes. Their ruling offered no vision [we will debate whether it necessarily needed must??] nor opinion on any facet of interpretation [ perhaps this opinion will come when they RULE on Uhuruto?]. I must say having gotten used to thought out dissensions the kind written by a certain German of Herr Dr Prof status in the other case bedeviling the son of Jomo at the far away ICC, I have kind of subconsciously raised the bar. The German has helped me recognize crap when I see it, helped me know how to sniff out shady jobs at the bar. Our local trio at the bench drowningly clutched at the straw offered by the technical Mr. Oraro appearing for Raila. He reasoned the process of extension by which the names of the latter parties, Rala Mudavadi and Kalonzo, were enjoined to the original case, was procedurally incorrect. Did not follow the correct pattern of due protocol. As such, case dismissed on technical grounds. Lawyer Oluoch, arguing for one of the other sides, could barely conceal contemptuous irritation. He thought this was a waste of time, because the elephant remained in the room: do the other three gentlemen get free passage rights, relevant the said clause, or not? He intimated this was a high-profile case of great public interest, and the court needed, was within mandate, to think it out constitutionally to the end! Procedure incorrect the judges say? Did this not only mean the litigants would re-convene the case in the CORRECT PROCEDURE, then the courts, if not these self-same panel of mentally lazy judges, would still have to give an opinion on the illegibility of the said candidates? That isthe courts are still in deficit, of a apublicly stated opinion, binding, on the BEST understanding and interpretation of the thrust of the integrity clause, vis-a-vis the alleged 'violations' --corrupt [radio?] license for Kalonzo, Cemetery land grab and Anglo-Goldenberg for Musalia, Maize and KKV and the rest for Raila. An opinion on whether these cases are mere witch hunts or not! But the bench absconded from duty, postponed the inevitable, and sheepishly trudged out of the court! ps: There is also the strange case of a Judge due for vetting who ruled to stop the vetting board from performing its constitutional mandate, following a file for injunction! Room for another Herr Dr prof postulation on the workings of Kenyan law! But I guess if I do not beat a path to the door of the far-away German for my mental kicks, brain-starved I shall remain on the local diet! www.the-star.co.ke/national/national/95886-kalonzo-raila-and-mudavadi-dropped-from-integrity-case-www.standardmedia.co.ke/?articleID=2000067124&story_title=Why-Uhuru,-Ruto-now-on-their-own |
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Post by jakaswanga on Oct 1, 2012 13:14:05 GMT 3
OKONG'O O'MOGENI AND THE TWO PRINCIPALS: WHY NOT HE?  BYPASSING THE BEST SURGEON FOR A PATHOLOGIST.He came up tops in the vetting. MERITOCRACY dictates he gets it. He has the trade --law, and the CV. Yet Raila$Kibaki bypassed him. I have always been curious, and has asked around, why the two used their prerogative to bypass the BEST, and appoint the WORST: Matemu always reeked of corruption like a burst sewer reveals her contents in stench. --Not that it is too difficult to see why the PORK and PM would not want another Githong'o!But now after the courts have shown cause why the two principals did a disservice to the country by seeking to impose a morally challenged character to head an anti-corruption body, fate grants them a second chance to correct their earlier folly. Will they? ;D I am told Kibaki has issues with O'Mogeni because of his rabid anti corruption stance during his tenure at the LSK and later as a commissioner in another public body. And Raila too, aware of his own skeletons in the cupboard of corruption, and suspecting O'Mogeni could be a Githong'o incarnate, found it prudent to ride along with Kibaki, and okay Matemu. The wise deal destiny talked about earlier on below. And now once more chance to for the two principals to soil themselves in public by deeming the best of the lot, Okong'o O'Mogeni, unsuitable. When your best surgeon is disqualified from carrYng out a dire surgery, and a post-moterm pathologist hired instead, you know the score and the end game!More by GEKARA here in the DN. www.nation.co.ke/News/politics/Principals+dilemma+over+EACC+boss/-/1064/1521188/-/3h8k3gz/-/index.htmlwww.nation.co.ke/News/politics/Principals+dilemma+over+EACC+boss/-/1064/1521188/-/3h8k3gz/-/index.htmlLet's flashback kidogo into the past bosses of this haunted office which has been used to do only two things: Cover big time corruption and screw Kenyans.Harun Mwau- Eventually named as a drug kingpin by American Govt and internal security minister George Saitoti. Ringera- Asked Kenyans to pray so as to get rid of corruption. PLO Lumumba- Conned his way briefly to the top seat by pretending to speak like Martin Luther, his preferred mode of fighting corruption was to join demonstrations while dishing out hundreds of useless speeches. He famously took harambee "donations" from suspects and wined and dined with Moi while being some sort of a patron of his bogus foundation. Matemu- F alse start, product of horse trading between Principals, was second best, came from the right tribe, implicated in a multi billion scam, looks like DOA (Dead on arrival) And the circus continues at our expense while after all these decades, no big fish has been caught by the white elephant that is KACC! |
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Post by kamalet on Jul 26, 2013 16:10:38 GMT 3
Federa, The ruling is indeed ' interesting', but I am afraid the standard article does not recognise its due significance. I you, or someone else could find the total excerpt of the ruling, please post it in whole on Jukwaa. THE MATEMU ARREST.Let me first explain my near layman' s use of the term arrest in law. An arrest, jurisprudentially, is a landmark ruling on a precarious or sensitive matter. Sensitive as in complicated and involving gigantic oppositional interests, commercial or otherwise... [] political. The ramifications are thus far and wide, game-changers. The arrest as a ruling of a court, serves as a benchmark, and sets a precedent upon which later, similar cases may be held against. An arrest therefore, to serve her pretence, must be groundedly reasoned, thought out in law and coherent within the legal philosophy of the political order in the background. Otherwise it does not stand the test of time, can never be a precedent, and would be annulled in the next appeal. Now Judges Joel Ngugi, Joel Odunga, and Ngugi Mumbi, have set the bar with their reasoning in this case. --But the case is going to the court of appeal, and so c ould be overturned, given the mental corruption prevalent in our land. The three judges explain, that the provisions of chapter 6, the intergrity clauses on those seeking to occupy public offices, are not just:
1. mere suggestions 2. superfluous points 3. merely ornamental 4. far from being mere lofty statements of aspiration or intent, they are core and fundamental.
B: THe judges write: ' Kenyans were singularly desirous of cleaning up OUR politics and governance structures, by insisting on high standards of personal integrity among those seeking to guide us.'THIS IN MY OPINION IS AN ARREST. A BENCHMARK interpretation of Chapter six. ICsThat reasoning, has to be undone by the appeal court in order to re-instate Matemu. And that reasoning must send a shiver up the spine of some candidates who are ensnared in the suit brought to court by the activists Neto and Mwararia and Abubakr and Momanyi of Kenya Youth Parliament. The judges noted Matemu was implicated in shady deals as a legal officer at the AFC. --aside question is, how did he pass the vetting standards? and how come the two principals picked him inspite of this clear statement of: MATEMU WAS A CORRUPT LAWYER AT AFC! nb: Lawyer Muite Paul [presidential candidate??] and LSK chair Eric Mutua, and Grace Maingi of FIDA, issued statements commemorating this ruling by the court as impressive and standard-setting. Essentially a benchmark. NB: a court rules thursday whether the suit originally brought against Uhuruto by the activists Neto and co will include the expansion! The suit was challenging UK$Ruto' s eligibility to run for PORK, but was later denounced by the original activists when it was extended to include Raila and Kalonzo. The Judges will be Isaac Lenaola ; Mohamed Warsame [he of the Miguna typology], and Filomena Mwilu. It is a ruling to watch in ITS REASONING. Thus to shed light upon it in the background of the MATEMU ARREST.Jakaswanga I have previously said I find the ruling curious and on reflection even dangerous! The three judicial neophytes on the bench failed to recognise the separation of powers in nullifying the appointment of Matemu. We can discard Matemu and discuss the merits of the ruling on the infringing of the doctrine of separation which I think is the core of the dispute here. Jakaswanga The Court of Appeal does agree with me that the ruling was dangerous and infringed upon the separation of powers. Matemu's reinstatement by the courtclearly shows how wrong the judges were then. Perhaps you will notice that one of them was Justice Mumbi Ngugi who has taken activism to another level. Her ruling on county commissioners was trashed by the Appeal's court as has this joint one on Matemu. You can be sure that the court of appeal (or any electoral court) will overturn the nomination of Mutula Junior for the ruling was not backed by any law! |
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Post by jakaswanga on Jul 27, 2013 9:33:25 GMT 3
Jakaswanga The Court of Appeal does agree with me that the ruling was dangerous and infringed upon the separation of powers. Matemu's reinstatement by the courtclearly shows how wrong the judges were then. Perhaps you will notice that one of them was Justice Mumbi Ngugi who has taken activism to another level. Her ruling on county commissioners was trashed by the Appeal's court as has this joint one on Matemu. You can be sure that the court of appeal (or any electoral court) will overturn the nomination of Mutula Junior for the ruling was not backed by any law! Kamalet, Eugene Wamalwa's butchery of the constitution with respect to the integrity chapters are on record ---for which he will now be rewarded as an afterthought though! I have quite some respect for the 'activist' mind of Judge Mumbi Ngugi. She shows an understanding of the famous phrasse: spirit of the NEW CONSTITUTION. And confronts us: to ignore or not to ignore? to pretend it is merely ornamental or not!? Matemu's 'conducts' raised 'serious integrity issues', and the junior court found the seriousness of these issues incompatible with the mandate, or the prerequisites of the targeted office, anti-corruption Czar. And i think the junior judges indicated ARTICULATELY the range within which 'impeccable' IS meaningful. And why Matemu falls short. That clause was not meant as MERELY ORNAMENTAL, it must have THRUST!What to me constitued a benchmark interpretation. of the integrity clause. Now this higher court talks the technical law of 'failed to take into cognisance, the doctrine of separation of powers!' [That is a 'brain-dead' ruling. Mere recidivistic regurgitation from decomposed toga-clads zombified in office] Now, in the backdrop of the chapter six or the integrity clause, whose import the junior [activist  court] was seeking to impregnate the nullification of Matemu with, I will further note the higher court is as dead as the member of a eunach. This brain-death is easy to explain. The deep state hits back. Matemu was of course Always a usurper, in the sense that it was Omogeni who emerged top, but the two chieftains, pandering to the corrupt puppet-masters who ruled their courts, annointed Matemu instead. To date Raila and Kibaki have never explained why, but I suspect Omogeni was just too dangerous, and could rock the boat, or the gravvy train on which the two goons sat.After the deep state imposed him on the two principals, now the same deep state whitewashes him through the High court. It is a neat bureaucratic victory defending its impunity, circumventing the real import of integrity. NB: Where is this full judgement to be read? So that I can compare with the kind of stuff I have seen the Nigerian friend of otisotish at the ICC, or his co, the Herr Pro. Doc Judge, write in support of their rulings! Mank has told me [ on the detroi collapse thread], it is perfectly rational for these state thugs to pursue their SELF interests by any means to maximise. And that the problem lies in the fact that Wanjiku and co, the victims of their greed, merely spectate and are impotent to stop it. And that this situation shall prevail until the Kingdom come! Hmmm, obviously the redress will have to come from those with a very strong medcine. I think the fates will just have to send us the ilks who mean business. Herd the whole elite into a stadium like Pinochet did in Chile, and order the airforce to make a bombing run. Then nobody doubts a new order has arrived. Constitution or no constitution! I have previously said I find the ruling curious and on reflection even dangerous! The three judicial neophytes on the bench failed to recognise the separation of powers in nullifying the appointment of Matemu. We can discard Matemu and discuss the merits of the ruling on the infringing of the doctrine of separation which I think is the core of the dispute here. |
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Post by kamalet on Jul 27, 2013 10:11:06 GMT 3
Jakaswanga
I think you are particularly cruel to the Appeal Court rather than address the problem!
The issue has nothing to do with Omogeni missing out and Matemu getting it. We already know about the competition in parliament between the Kisii and Kamba MPs on the matter when the nominations were on the floor of the house for approval. I do not necessarily believe that Matemu will slay the dragon in as much as I never think anyone can apart from a character like Harun Mwau who knows how to get it, is too rich to want any more and can fight, i.e. send a thief to catch thieves. It is not about the person!
We have a bad constitution that ensures that we will end up with people like Matemu because the vetting process is politicised under the guise of stopping a president putting up his cronies, and only transferred this to a situation where the appointment is dependent on the tyranny of numbers! So absolutely nothing has changed. The courts are bound by the doctrine of separation of powers and as the court of appeal correctly said, the High Court has a role only where the law has been broken in the process of making an appointment. The integrity interpretation seems to have been donated to the vetting authorities and as these are all political institutions, you can never hope to win the war and I do not think the Mumbi Ngugi court ruling is the solution!
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Post by jakaswanga on Jul 27, 2013 13:43:10 GMT 3
Jakaswanga I think you are particularly cruel to the Appeal Court rather than address the problem! The issue has nothing to do with Omogeni missing out and Matemu getting it. We already know about the competition in parliament between the Kisii and Kamba MPs on the matter when the nominations were on the floor of the house for approval. I do not necessarily believe that Matemu will slay the dragon in as much as I never think anyone can apart from a character like Harun Mwau who knows how to get it, is too rich to want any more and can fight, i.e. send a thief to catch thieves. It is not about the person! We have a bad constitution that ensures that we will end up with people like Matemu because the vetting process is politicised under the guise of stopping a president putting up his cronies, and only transferred this to a situation where the appointment is dependent on the tyranny of numbers! So absolutely nothing has changed. The courts are bound by the doctrine of separation of powers and as the court of appeal correctly said, the High Court has a role only where the law has been broken in the process of making an appointment. The integrity interpretation seems to have been donated to the vetting authorities and as these are all political institutions, you can never hope to win the war and I do not think the Mumbi Ngugi court ruling is the solution! Kamalet, For heaven's sake, this appeal court, ducking the issue, leaves me no other avenue than to stick it to them: the appeal court annuled a landmark ruling on a technicality! Where the 'junior' court had burnt the midnight oil thinking out issues, deliberating on the crux, the 'higher' court on rote, nearly in a mental reflex of automated, ingrained mediocrity, boredly yawned it away! I have grown used to high performance people, gotten used to enviroments where men at work are run for all their minds and abilities are worth. I have learnt to hate mediocrity, learnt to think, that it is when would-be highly competent and educated people, as obviously sit at the appeal court, get into a reflex of mediocrity in the discharge of their professional duties, get into habitual negligence and laziness and mental inertia but earn full perks, that ones country stays at the bottom of the pile forever. Like Haïti. NB: Omogeni came top. By that merit he should have gotten the job. Kibaki and Raila said No. Because --prerogative of the appointing authority my foot!--- they are corrupt. And needed a malleable anti-corruption Czar. No Githong'o again. No. The appeal court agrees. For good reason. Like why the vetting board of Rao was culled, by .... CJ Mutunga!? NB: 2. Mumbi-Ngugi court ruling is not the solution you are right, but is was a competent job done, and it was incumbent upon others to look for the 'solution.' |
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Post by OtishOtish on Jul 28, 2013 2:03:25 GMT 3
He, he, he ... what a comedy. Mao used to say that with two steps forward and one step backward, you've still made progress. Kenyans, it seems, believe in one step forward and two steps backward. (The phantom plots, funded by foreign powers, to bring down the government fit in well with the Kenyan approach.)
What Kenyans need to appreciate is that the vetting process did not bring in new-and-improved judges. All it did was weed out the worst of a thoroughly bad lot. Since that process does not change the fundamental character of the remainder, what Kenyans should expect is that there will be fewer rulings worthy of a circus. What they should not expect is that the quality of rulings will go up. Once all that is clear in people's minds, Kenyans will be somewhat happier with the legal decisions.
On the "bright" side, Kenyans should take comfort in the fact that the ruling has no practical implications, for the very simple reason that the organization in question never actually does anything. (That is a "positive, in so far as doing nothing has to be better than doing harm.) The only issue here is that PLO's replacements don't talk as much as he does, so there is likely to be less entertainment, and, perhaps, there will be no Schoolboy James Bond chasing Assistant Ministers.
In the meantime: Vision 2030 3020. Accept and move on. Kazi iendelee.
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Post by OtishOtish on Mar 15, 2015 0:19:39 GMT 3
And then Matemu went in. And now Matemu might go out.
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Post by jakaswanga on Apr 23, 2015 22:33:24 GMT 3
 Ringera, PLO lumumba, Githong'o. It is a HOT SEAT! anti-graft Czar. But there is a silver lining in the horizon. The lesson is obvious: when a man worth his salt takes on the corruption topic and means business, there will be blood. let us enjoy our theater of the absurd while it runs. I saw Otishotish post: Kalesinga 1. Kenya 0. Return match? |
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Post by OtishOtish on Apr 23, 2015 23:52:02 GMT 3
Let's flashback kidogo into the past bosses of this haunted office which has been used to do only two things: Cover big time corruption and screw Kenyans. Harun Mwau- Eventually named as a drug kingpin by American Govt and internal security minister George Saitoti. Ringera- Asked Kenyans to pray so as to get rid of corruption. PLO Lumumba- Conned his way briefly to the top seat by pretending to speak like Martin Luther, his preferred mode of fighting corruption was to join demonstrations while dishing out hundreds of useless speeches. He famously took harambee "donations" from suspects and wined and dined with Moi while being some sort of a patron of his bogus foundation. Matemu- False start, product of horse trading between Principals, was second best, came from the right tribe, implicated in a multi billion scam, looks like DOA (Dead on arrival) And the circus continues at our expense while after all these decades, no big fish has been caught by the white elephant that is KACC!NEXT IN LINE! |
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Post by podp on Apr 24, 2015 9:57:14 GMT 3
Let's flashback kidogo into the past bosses of this haunted office which has been used to do only two things: Cover big time corruption and screw Kenyans. ...... /b]- False start, product of horse trading between Principals, was second best, came from the right tribe, implicated in a multi billion scam, looks like DOA (Dead on arrival) And the circus continues at our expense while after all these decades, no big fish has been caught by the white elephant that is KACC!NEXT IN LINE! Fixed mindsets always look outside and never inside. I subscribe to the philosophy that says the statement that all birds are blue is nullified if I can find just one bird that is not blue. I do not need a critical mass of birds that are not blue. I need just one. mobile.nation.co.ke/lifestyle/fixed-mindset-stifles-growth-WALE-AKINYEMI/-/1950774/2694946/-/format/xhtml/-/r3mf6xz/-/index.htmlFor those who do turn back, there is a swift rooting to the ground, an inability, even unwillingness, to look away, to ignore what has been seen, to keep silent. Yet most ignore their voices and keeps running. But what we are running from –and where we are running to- we cannot say. We can only mouth some vague ideas about 'development'. Is it a better place? How can we know? Are we 'moving on' to a place of incestuous tribal worship, where we bear new generations only for them to be again attacked and further displaced by the very monsters we refused to confront? There is a need for us to discard the narratives that keep us from recognising and dealing with the truth. Our inability and refusal to deal with roots of the economic and human rights violations of the past half century and beyond is the context within which the current orgy of looting and corruption must be seen and addressed. - See more at: www.the-star.co.ke/news/we-run-our-past-and-let-graft-lead-us#sthash.wAmvxdca.dpuf |
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court] was seeking to impregnate the nullification of Matemu with, I will further note the higher court is as dead as the member of a eunach.
