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Kibaki and Muthaura humiliated!!!
Mpenzi
#11 Posted : Thursday, September 17, 2009 7:23:00 AM
Rank: Veteran

Joined: 10/17/2008
Posts: 1,234
@Noble

Legally of course,Parliament cannot nullify the appointment. All they did is express their displeasure with the appointment by stating that it was done unprocedurally. Remember Parliament has no authority to interpret laws or how they are implemented - that is mandate of the courts. Parliament's best hope would have been to starve the Commission of funds though of course doesnt solve the problem at hand - you dont kill an institution simply because you are unhappy with its head.

Your guess is a good as mine as to what happens from here. Politically it will only add to the confusion we have presently where we leave important decisions hanging.

The High Court is however likely to reach the same decision as Parliament in which case the court can quash the appointment - it has the power.

@Wendz
If I got it right,the intention of Parliament was not to refuse to pass the Appropriations Bill in its entirety - they only wanted to remove funds to be allocated to the Commission. They know the Appropriations Bill pays their salaries!
Mainat
#12 Posted : Thursday, September 17, 2009 7:33:00 AM
Rank: Veteran

Joined: 11/21/2006
Posts: 1,590
1stly,after Tuesday's Mau dung,it was good to see wabunge try to balance the accounts by voting against 'anvil'. But,I think the High Court decision is key.

I on't think General Kig. will respond straightaway however. The dude I'd like to see less off (i.e. fired),is Wako,which would then give the opportunity for an overhaul of the AG/KACC relationship.


www.mjengakenya.blogspot.com
Sehemu ndio nyumba
mwenza
#13 Posted : Thursday, September 17, 2009 7:34:00 AM
Rank: Elder

Joined: 4/22/2009
Posts: 2,863
But why should MK wait for the courts interpretation on Ringera's appointment? Why cant he save face by just throwing Ringera into the nearest dust bin and call it good-riddance?


WOULD RATHER DIE FIGHTING 4 MY RIGHTS THAN LIVE FOREVER WITHOUT ANY RIGHTS
IF YOU EXPECT ME TO POST ANYTHING POSITIVE ABOUT ASENO, YOU MAY AS WELL SIT ON A PIN
Njunge
#14 Posted : Thursday, September 17, 2009 7:39:00 AM
Rank: Elder

Joined: 2/7/2007
Posts: 11,935
Location: Nairobi
@Wendz,
It was our Mpig who stood to make an amendment on the motion.......I thought this one would be different from Thirikwa and Kimondo.......Jinga kabisa.Come 2012 and i will campaign vigorously against the damn pig.....!!

Old man about town....
Nothing great was ever achieved without enthusiasm.
McReggae
#15 Posted : Thursday, September 17, 2009 7:42:00 AM
Rank: Elder

Joined: 6/17/2008
Posts: 23,365
Location: Nairobi
It's been long since I stood with parliament,yesterday I was with,that Ruto-Uhuru deal almost had me scared,this time round they did not have their way as they always want the case to be!!!


The chief value of money lies in the fact that one lives in a world in which it is overestimated.
..."Wewe ni mtu mdogo sana....na mwenye amekuandika pia ni mtu mdogo sana!".
Mpenzi
#16 Posted : Thursday, September 17, 2009 7:44:00 AM
Rank: Veteran

Joined: 10/17/2008
Posts: 1,234
@mwenza
what face does Kibaki have to lose? that man doesnt care a hoot and i doubt there is much anyone can do to humiliate him - maybe Lucy. the only thing that could make Kibaki move is for Parliament to move a motion of no-confidence in him - but they lose their fat salaries in the process.
wote
#17 Posted : Thursday, September 17, 2009 7:45:00 AM
Rank: Member

Joined: 10/18/2007
Posts: 217
@mpenzi,kind note that legally parliament can actually pass a vote nullifying the gazette notice appointing Rigera.

I do not think anybody has said that they are not happy with Ringera,you are missing the point here. The issue is to do with the way his appointment was done,the due process was not followed as specified in the act creating the K.A.C.C.

And yes you can kill an institution when it no longer serves the intention it was created in the first place and parliament has the powers to kill it.

The High court has no powers to quash the appointment of Ringera,it can only declare that the appointment was done unprocedurally/ appointment not according the law.


wote
jaribu
#18 Posted : Thursday, September 17, 2009 7:46:00 AM
Rank: Member

Joined: 5/23/2007
Posts: 441
humiliated? you're kidding me! kenya is just a banana republic where leaders have no sense of shame or manners to say even a simple sorry when they err. the mt kenya mafia should have read the mood on the ground instead of digging in for a fight but too bad they were blinded by arrogance and greed because they wanted one of their own to have that office despite his poor track record. as a matter of fact,this was never about ringera as such but mostly the manner of his appointment by the all powerful imperial executive. the parliament has done kenyans proud- for once. the office of KACC should be above suspicion and it's head should have the confidence of the nation,that's the only way to bust graft. it's pathetic that ringera has to be dragged out of office,kicking yelling and screaming instead of doing the honourable thing of bowing out. so far,his fate is sealed,he cant manouvre which ever way he tries to wiggle out. the parliament has held with a firm grip by the balls. it's good bye and good riddance to bad rubbish!

bY aNy MeAns NecEsSaRy.....
Mpenzi
#19 Posted : Thursday, September 17, 2009 7:50:00 AM
Rank: Veteran

Joined: 10/17/2008
Posts: 1,234
@wote

you clearly have not heard of a remedy called mandamus - the court's power to quash and declare as null and void decisions by public officers!

and please quote for me the law that says parliament can quash decisions made by public officers - if it had the Kenyan parliament would have been quashing decisions daily. do not confuse the fact that parliament can debate and vote on an issue with a power to make a LEGAL and BINDING decision over the issue.

the decision by parliament is course right and has strength politically - the question is whether Kibaki really cares about being humiliated - unless of course it is Lucy doing the humiliation.

obviously parliament has power to repeal the statute under which KACA is created law - that is what they are paid to do - make and repeal laws.
Mr.Tea
#20 Posted : Thursday, September 17, 2009 8:06:00 AM
Rank: Member

Joined: 12/4/2008
Posts: 341
Location: Nairobi
Its unfortunate that we view everything in terms of winning and losing......Never looking at the bigger picture which is the welfare of all Kenyans. Such attitudes at best create tension,and at worst strife. A closer examination will actually reveal a very asinine outcome. So Ringera is bumped off and we have another from a different race,community or even nationality.The institution fails again.A chorus emerges that so and so must go...and out they go.....Now you tell me who won?
What happened in parliament yesterday was nothing more than just another power game which keeps us riveted,hungry for more.And they know it.They will surely never fail us in that regard. Keep tuned for more,for there is definitely more stuff from where that came.....

Patience Pays in Guaranteed Checks
Patience Pays In Guaranteed Checks.
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