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Judiciary and Budget Controller nominations....the President won!
Kaigangio
#1 Posted : Tuesday, February 08, 2011 1:43:16 PM
Rank: Elder


Joined: 2/27/2007
Posts: 2,768
hi all,

The latest nominations by the President has generated so much friction. to me the die was cast when the list of nominees was submitted to Ken Makende….makende in his solomonic wisdom that never was made an even bigger mistake by submitting the list to the House committees for deliberations and report, thus delivering a clear victory to the president…how?

To start with, if the speaker of national assembly allowed the nominees list to be debated directly in the house by the mpigs, we all know which direction it would have taken, the house voting…as at the moment, the ODMs numerical strength in the house has been dangerously diminished while that of the PNU has been greatly upgraded…any voting and odm would have been crashed and makende understood this far too well…next, the speaker would not have made any ruling in favour of odm as he faced the censure motion from the pnu side which would definitely have injured him politically…talk of catch 22…

Now that the process of nomination is under scrutiny by the Finance, Trade and Planning Committee and Justice and Legal Affairs Committee I expect the following scenarion to unfold in both the committees: the nomination of three people namely Prof Githu Muigai to replace Amos smiley wako as the attoney general, Kioko 10k as the new Director of Public Prosecutions and William Kirwa as Controller of Budget is not disputed and was done in accordance to the constitution and required no consultation. The only issue will be the personal integrity scrutiny and it is widely held that these nominees are competent and suited for the job…the two house committees will most likely recommend the trio…

This will leave the position of Chief Justice where Alnashir Visram was nominated to replace justice Gicheru…now this is where the real contention is…remembering that the composition of the two committees was almost 50:50 when originally constituted, the composition has now changed and tilted in favour of pnu…so what happens? The committees will disagree on the nomination process that was undertaken, voting by show of hands will ensue, pnu sympathisers will carry the day, but the report to be submitted to makende will be in favour of both pnus and odms stands (remember the chairmen of both the committees are odm damu and their stand was already known long before they were tasked)…then, the house will debate and adopt it as it is giving it the legitimacy for discussion by mpigs and the NA in general…thereafter it will be an issue of who wants the new CJ and who does not….your guess is just as good as mine…so why will the president not have won?

That is me and I stand corrected.

What do you think?
...besides, the presence of a safe alone does not signify that there is money inside...
Bawcie
#2 Posted : Tuesday, February 08, 2011 1:53:47 PM
Rank: New-farer


Joined: 1/28/2011
Posts: 9
Even me I analysed and came up with the same scenario, most people under rate the president thinking he is not up to it to their own peril he is the most cunning politician around and in his own way people end up accepting what he wants, like now who is calling the shots in the country your guess is as good as mine.....
McReggae
#3 Posted : Tuesday, February 08, 2011 2:01:47 PM
Rank: Elder


Joined: 6/17/2008
Posts: 23,365
Location: Nairobi
That is precisely where our Kenyan problem comes from, we want to see it as either a win for Kibz or Raila..........WE SHOULD STRICE FOR A WIN FOR KENYA!!!!!
..."Wewe ni mtu mdogo sana....na mwenye amekuandika pia ni mtu mdogo sana!".
segemia
#4 Posted : Tuesday, February 08, 2011 2:15:10 PM
Rank: Member


Joined: 2/20/2009
Posts: 658
I had not looked at it that way, but the old man Kibaki seems quite clever. It seems as if whichever route the issue takes, the results are in his favour.

Like some wazuas have said before the ODM party made a mistake of wishing away Ruto. What is happening now is actually red Ruto in a personal goose chasing vendetta.

I warned ODM surpoters before, but they trashed and rubbished my observations.Poleni!
Wendz
#5 Posted : Tuesday, February 08, 2011 2:16:40 PM
Rank: Elder


Joined: 6/19/2008
Posts: 4,268
McReggae wrote:
That is precisely where our Kenyan problem comes from, we want to see it as either a win for Kibz or Raila..........WE SHOULD STRICE FOR A WIN FOR KENYA!!!!!


A standing ovation for you right there!
nostoppingthis
#6 Posted : Tuesday, February 08, 2011 2:20:10 PM
Rank: Chief


Joined: 8/24/2009
Posts: 5,909
Location: Nairobi
Actually, I agree with ka-gizzards...Kibz got this one locked, RAO won't have a say in it. Taking it back to parliament, ODM has no voice huko.
@McDoba, that is where we at.....look at the political posts among the "educated" lot of wazua. Unless we sort it out, it always has to boil down to Win/Loose situations. Currently, politics revolves around one person....
nostoppingthis
#7 Posted : Tuesday, February 08, 2011 2:22:04 PM
Rank: Chief


Joined: 8/24/2009
Posts: 5,909
Location: Nairobi
@Segemia, would you have "preferred" ODM to stick with Ruto regardless, just to maintain the numbers in parliament?
TAZ
#8 Posted : Tuesday, February 08, 2011 2:27:41 PM
Rank: Elder


Joined: 11/14/2007
Posts: 4,152
There's absolutely no way we can talk of "a win for Kenya" with MK, RAO, UK, Ruto and the likes around....We all know what their intentions are.

"The height of insanity is continuing to do the same thing and expecting a different result" Albert Einstein
TAZ
#9 Posted : Tuesday, February 08, 2011 2:29:27 PM
Rank: Elder


Joined: 11/14/2007
Posts: 4,152
There's absolutely no way we can talk of "a win for Kenya" with MK, RAO, UK, Ruto and the likes around....We all know what their intentions are.

"The height of insanity is continuing to do the same thing and expecting a different result" Albert Einstein
Elder
#10 Posted : Tuesday, February 08, 2011 2:45:09 PM
Rank: Elder


Joined: 9/7/2010
Posts: 2,148
Location: elderville
Why is everyone forgetting Marende here? He did not rule on the matter as the Motion was not properly before the House as per Parliament's Standing Order. So once the matter has been brought back to the House then he can again be called upon by say Imanyara and give a ruling on the constitutionality of the nominees. So the most important player here is still Marende. That's the way I understood his ruling.
He who can express in words the ardour of his love, has but little love to express. - Petrach, Son. (That men by various ways arrive at the same end. - Montaigne, The Essays of.)
2012
#11 Posted : Tuesday, February 08, 2011 2:55:34 PM
Rank: Elder


Joined: 12/9/2009
Posts: 6,592
Location: Nairobi
McReggae wrote:
That is precisely where our Kenyan problem comes from, we want to see it as either a win for Kibz or Raila..........WE SHOULD STRICE FOR A WIN FOR KENYA!!!!!


@McReggae,

Unfortunately this is politics, it's not a win win game but a win lose game. In a democracy numbers are everything.

BBI will solve it
:)
Obi 1 Kanobi
#12 Posted : Tuesday, February 08, 2011 3:04:33 PM
Rank: Elder


Joined: 7/23/2008
Posts: 3,017
Kaigangio wrote:
hi all,

The latest nominations by the President has generated so much friction. to me the die was cast when the list of nominees was submitted to Ken Makende….makende in his solomonic wisdom that never was made an even bigger mistake by submitting the list to the House committees for deliberations and report, thus delivering a clear victory to the president…how?

To start with, if the speaker of national assembly allowed the nominees list to be debated directly in the house by the mpigs, we all know which direction it would have taken, the house voting…as at the moment, the ODMs numerical strength in the house has been dangerously diminished while that of the PNU has been greatly upgraded…any voting and odm would have been crashed and makende understood this far too well…next, the speaker would not have made any ruling in favour of odm as he faced the censure motion from the pnu side which would definitely have injured him politically…talk of catch 22…

Now that the process of nomination is under scrutiny by the Finance, Trade and Planning Committee and Justice and Legal Affairs Committee I expect the following scenarion to unfold in both the committees: the nomination of three people namely Prof Githu Muigai to replace Amos smiley wako as the attoney general, Kioko 10k as the new Director of Public Prosecutions and William Kirwa as Controller of Budget is not disputed and was done in accordance to the constitution and required no consultation. The only issue will be the personal integrity scrutiny and it is widely held that these nominees are competent and suited for the job…the two house committees will most likely recommend the trio…

This will leave the position of Chief Justice where Alnashir Visram was nominated to replace justice Gicheru…now this is where the real contention is…remembering that the composition of the two committees was almost 50:50 when originally constituted, the composition has now changed and tilted in favour of pnu…so what happens? The committees will disagree on the nomination process that was undertaken, voting by show of hands will ensue, pnu sympathisers will carry the day, but the report to be submitted to makende will be in favour of both pnus and odms stands (remember the chairmen of both the committees are odm damu and their stand was already known long before they were tasked)…then, the house will debate and adopt it as it is giving it the legitimacy for discussion by mpigs and the NA in general…thereafter it will be an issue of who wants the new CJ and who does not….your guess is just as good as mine…so why will the president not have won?

That is me and I stand corrected.

What do you think?


Is it a miss-spelling of the name or are you just being a simple minded man.
"The purpose of bureaucracy is to compensate for incompetence and lack of discipline." James Collins
Burning Spear
#13 Posted : Tuesday, February 08, 2011 3:05:31 PM
Rank: Veteran


Joined: 7/22/2008
Posts: 1,139
Elder wrote:
Why is everyone forgetting Marende here? He did not rule on the matter as the Motion was not properly before the House as per Parliament's Standing Order. So once the matter has been brought back to the House then he can again be called upon by say Imanyara and give a ruling on the constitutionality of the nominees. So the most important player here is still Marende. That's the way I understood his ruling.


Ken makende has nothing else to give,and as the ka-gizzard said,the die is cast and Kibs will emerge the winner of this debacle.

As you will notice despite the partisan judge Musinga who wanted to appear sober to the members of the JSC as the hour of beckoning is near...read screening judicial officers,Kibaki nominated the four constitutionally (as per the National accord).#
Therefore,kibaki will have his way and Raila will will appear as an insincere politician who likes controversy to catch the attention of the symperthisers !!
"You're not supposed to be so blind with patriotism that you can't face reality. Wrong is wrong, no matter who says it". Malcolm X
McReggae
#14 Posted : Tuesday, February 08, 2011 3:05:58 PM
Rank: Elder


Joined: 6/17/2008
Posts: 23,365
Location: Nairobi
2012 wrote:
McReggae wrote:
That is precisely where our Kenyan problem comes from, we want to see it as either a win for Kibz or Raila..........WE SHOULD STRICE FOR A WIN FOR KENYA!!!!!


@McReggae,

Unfortunately this is politics, it's not a win win game but a win lose game. In a democracy numbers are everything.


...With that mentality can we still stand straight and blame our politicians???....kweli a people gets the leaders they deserve!!!!!
..."Wewe ni mtu mdogo sana....na mwenye amekuandika pia ni mtu mdogo sana!".
Elder
#15 Posted : Tuesday, February 08, 2011 3:15:36 PM
Rank: Elder


Joined: 9/7/2010
Posts: 2,148
Location: elderville
Burning Spear wrote:
Elder wrote:
Why is everyone forgetting Marende here? He did not rule on the matter as the Motion was not properly before the House as per Parliament's Standing Order. So once the matter has been brought back to the House then he can again be called upon by say Imanyara and give a ruling on the constitutionality of the nominees. So the most important player here is still Marende. That's the way I understood his ruling.


Ken makende has nothing else to give,and as the ka-gizzard said,the die is cast and Kibs will emerge the winner of this debacle.

As you will notice despite the partisan judge Musinga who wanted to appear sober to the members of the JSC as the hour of beckoning is near...read screening judicial officers,Kibaki nominated the four constitutionally (as per the National accord).#
Therefore,kibaki will have his way and Raila will will appear as an insincere politician who likes controversy to catch the attention of the symperthisers !!


Have you bothered to read Marende's ruling? If you have then please tell me how you arrived at that conclusion; if you have not then please note that it is always a good idea to have an informed discussion.
He who can express in words the ardour of his love, has but little love to express. - Petrach, Son. (That men by various ways arrive at the same end. - Montaigne, The Essays of.)
vin
#16 Posted : Tuesday, February 08, 2011 3:23:43 PM
Rank: Member


Joined: 1/22/2007
Posts: 336
McReggae wrote:
That is precisely where our Kenyan problem comes from, we want to see it as either a win for Kibz or Raila..........WE SHOULD STRICE FOR A WIN FOR KENYA!!!!!



Kindly indulge me,before the story about consultation came up,i heard people saying that those were very excellent choices.I could be naive or wrong or both but please, will there ever come a time when there would be a universal acceptance of any choice of anyone in this mkate nusu state?
Advice is like snow.The softer it lands the harder is sticks.
McReggae
#17 Posted : Tuesday, February 08, 2011 3:28:25 PM
Rank: Elder


Joined: 6/17/2008
Posts: 23,365
Location: Nairobi
vin,
Remember PLO (dir KACC)....Nyachae (chais CIC).....
..."Wewe ni mtu mdogo sana....na mwenye amekuandika pia ni mtu mdogo sana!".
Obi 1 Kanobi
#18 Posted : Tuesday, February 08, 2011 3:39:18 PM
Rank: Elder


Joined: 7/23/2008
Posts: 3,017
vin wrote:
McReggae wrote:
That is precisely where our Kenyan problem comes from, we want to see it as either a win for Kibz or Raila..........WE SHOULD STRICE FOR A WIN FOR KENYA!!!!!



Kindly indulge me,before the story about consultation came up,i heard people saying that those were very excellent choices.I could be naive or wrong or both but please, will there ever come a time when there would be a universal acceptance of any choice of anyone in this mkate nusu state?


Not all are excellent choices, I would give Kibaki a 5/10 if they pass the constitutional test:

I am happy with Githu muigai who i think is qualified for the position. However, like every competititve position, he should have allowed other candidates to compete so we have the best so he loses marks coz of single sourcing. Score 2/2.5

Kioko Kilukumi is obviously qualified but when he was nominated I could not place his name until someone reminded me of goldenberg and then it became clear, his name is synonymous with pattni and every other person who has ever robbed Kenya. in my opinion, he has been batting for the other side for soo long that I am not sure he is mentally capable of switching sides so I think this was a bad choice. Score 1.0/2.5

As for Justice Vishram, I don't think he is any different from any other judge so I can give him the benefit of the doubt. Score 1.0/2.5

As for Mr kirwa, I am most unhappy, this is a carrier banker with no accounting or financial background. I would be curious to know what he has done in AFC/ADC whichever he was running as both this institutions can ill prepare a candidate to be the FINANCIAL CONTROLLER of Kenya. Kenya has some very serious financial minds and managers, this guy can't even be in the top 100, how did he get here. Score 0/2.5

Having said that, the most important thing for me is to ensure that this candidates are appointed in compliance with the new constitution, we are waiting for the verdict. And the courts decision on their appointments
"The purpose of bureaucracy is to compensate for incompetence and lack of discipline." James Collins
Intelligentsia
#19 Posted : Tuesday, February 08, 2011 3:40:57 PM
Rank: Elder


Joined: 10/1/2009
Posts: 2,436
Ahh, so exasperating - why do Kenyans politicise everything instead of just doing the right thing the first time, everytime, all the time!!!
2012
#20 Posted : Tuesday, February 08, 2011 3:41:24 PM
Rank: Elder


Joined: 12/9/2009
Posts: 6,592
Location: Nairobi
McReggae wrote:
2012 wrote:
McReggae wrote:
That is precisely where our Kenyan problem comes from, we want to see it as either a win for Kibz or Raila..........WE SHOULD STRICE FOR A WIN FOR KENYA!!!!!


@McReggae,

Unfortunately this is politics, it's not a win win game but a win lose game. In a democracy numbers are everything.


...With that mentality can we still stand straight and blame our politicians???....kweli a people gets the leaders they deserve!!!!!


This is the way it is all over the world not just Kenya. As I said, it's not a mentality it's politics. Your role and mine is to elect good and competent people who will represent you, me and Kenya and that's where we fail mostly. Politics will never change but we can change politicians.

BBI will solve it
:)
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