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Marende's Verdict
Impunity
#31 Posted : Thursday, February 03, 2011 6:37:27 PM
Rank: Elder

Joined: 3/2/2009
Posts: 26,331
Location: Masada
Mtu Biz wrote:
willin2learn wrote:
Marende aongee nijue kama ninaingia works kesho ama sikuji



Hee!

Wewe kufanya kazi is a function of Marende vile ataongea ??





Ha ha ha ha ha haaaaa Laughing out loudly Laughing out loudly Laughing out loudly Laughing out loudly Laughing out loudly


@mtu biz, these are the types of guys who normally puts to rest they official employment to go nyoa reli...

Applause ApplauseApplause
Portfolio: Sold
You know you've made it when you get a parking space for your yatcht.

kingfisher
#32 Posted : Thursday, February 03, 2011 6:43:22 PM
Rank: Elder

Joined: 4/9/2008
Posts: 2,824
How are these MPigs gona save Kenya???

FINANCE, PLANNING AND TRADE
1. Hon. Lankas Ole Nkoidila, M.P
2. Hon. Chris Okemo, M.P.
3. Hon. Jakoyo Midiwo, M.P.
4. Hon. Lukas Chepkitony, M.P.
5. Hon. Ahmed Shakeel Shabbir, M.P.
6. Hon. Sammy Mwaita, M.P.
7. Hon. (Prof.) Philip Kaloki, M.P.
8. Hon. Nelson Gaichuhie, M.P.
9. Hon. Musikari Kombo, M.P.
10. Hon. Lenny Kivuti, M.P.
11. Hon. Ntoitha M’Mithiaru, M.P.

JUSTICE AND LEGAL AFFAIRS
1. Hon. Millie Odhiambo - Mabona, M.P.
2. Hon. Isaac K. Ruto, M.P.
3. Hon. Ababu Namwamba, M.P.
4. Hon. Olago Aluoch, M.P.
5. Hon. Sophia Abdi Noor, M.P.
6. Hon. Amina Abdalla, M.P.
7. Hon. Mutava Musyimi, M.P.
8. Hon. Mohammed Abdikadir, M.P.
9. Hon. Njoroge Baiya, M.P.
10. Hon. (Prof.) Philip Kaloki, M.P.
11. Hon. George Nyamweya, M.P.
When I have money, I get rid of it quickly, lest it find a way into my heart.
kadonye
#33 Posted : Thursday, February 03, 2011 7:08:39 PM
Rank: Elder

Joined: 5/30/2009
Posts: 1,390
I dont know for a fact who between Kibaki and Raila is lying. But let me assume consultation was done but Raila feels they were inadequate. I think the next step then should be for Kibaki to make a gentlemanly move and talk to Raila again. I love siasa but I dont like when it gets this hot.
What a wicked man I am!The things I want to do,I don't do.The things I don't want to do I find myself doing
sanity
#34 Posted : Thursday, February 03, 2011 10:29:07 PM
Rank: Member

Joined: 1/24/2011
Posts: 407
Location: Nairobi,Kenya
I simply dont understand why these two fellows cannot agree on such heighty matter.my nine year old daughter asks me that question all the time.In the meantime their cronies are making foolish comments left,right and centre.This is not good for our country.As marende noted,we are very luck as a country.let those two geezers learn from history.we love our country .At least with the high courts ruling,there is some light at the end of the tunnel.lets hope they are not lights of an oncoming train.
Hope is not a strategy
petro08
#35 Posted : Thursday, February 03, 2011 10:53:41 PM
Rank: New-farer

Joined: 9/20/2010
Posts: 90
Location: Nairobi
Jus Blazin wrote:
JSC will only be involved after the first election. That is the simple procedure. As per now the CJ can only be nominated by the Prezzo. Fact.That is the constitution that you passed.


@Jus Blazing,

Let me try to convince you. I have followed your input and I feel you are right on one but wrong on one.

I have written this in another post that I feel that Kibaki and and Raila were mislead on the issue of the CJ. They should not have discussed any individual without the JSC's input. Though article 166 appears not to mention the JSC, there is a procedure for appointment of the CJ by the President.

Now, unless this constitution specifically mentions that this appointment was not subject to that procedure, that procedure still holds and that is where the JSC comes in.

Now on the issue of whether Raila and Kibaki must agree, I think you are right. I had criticized the CoE but I think there is something we should look at.

Looking at the wording, I guess they CoE contemplated that they guys may not agree. The wording appears to give the President an upper had in case of a disagreement.

I guess the president needs to be documenting the consultations. They really do not have to agree. But then again, he must as far as is possible try to take care of other needs and especially regional balance and gender equity.

If he can prove there was consultations, other than the CJ, he could have the other guys approved. But, at least one of the other three may have to be replaced by a woman.

Now for transparency, he may decide to have the three appointments advertised though this is not a requirement.

What do you think?
Jus Blazin
#36 Posted : Friday, February 04, 2011 6:50:13 AM
Rank: Elder

Joined: 10/23/2008
Posts: 3,966
@petro, I concur with you.

Article 166 (1) actually mentions the JSC and its role in the appointment of the CJ. However, this issue is set on miry clay because of the Sixth Schedule on Transitional and Consequential Provisions. And that is where people need to look at critically. We’ve been told in other threads about Article 24 (2) concerning appointment of the CJ after consultation with the PM. I will not dwell on that.

Let’s go a step further. Article 29 (2) of the Sixth Schedule states “Unless this Schedule prescribes otherwise, when this Constitution requires an appointment to be made by the President with the approval of the National Assembly, until after the first elections under this Constitution, the President shall, subject to the National Accord and Reconciliation Act, appoint a person after consultation with the Prime Minister and with the approval of the National Assembly.”

In the case of the CJ, as per the Sixth Schedule, the JSC is not involved at all in the nomination and subsequent appointment at the transitional stage. We may argue, but this Schedule does not prescribe otherwise.

It could be what MK used and it could have been the reason that the Speaker forwarded the matter to the departmental committees for clarification. That could make the nominations constitutional. Forget about consultations, that is just a theatre of the absurd.

What I’m saying is we are quick to bash MK without understanding where he got his decisions from. We need to appreciate that this matter has come into the limelight to help us understand just how the transitional clauses work and where the CoE went wrong.

@petro, question is, does article 166 (1) go hand in hand with Articles 24 (2) and 29 (2) of the Sixth Schedule? Or does Article 166 (1) come into force after the first election? In terms of gender, the High Court is right. We need women nominated too.
Luck is when Preparation meets Opportunity. ~ Lucius Annaeus Seneca
kadonye
#37 Posted : Friday, February 04, 2011 7:01:05 AM
Rank: Elder

Joined: 5/30/2009
Posts: 1,390
@petro, impressive line of thought that avoids the hurried judgment and politics that characterises threads on this topic. Article 166 outlines the JSC role.it is the 6th schedule that excludes it...This is one tricky issue which has senior lawyers interpreting it differently..Again I blame the CoE. These are the issues the NO team was raising but they sneered. Let the lawyers make money now in endless litigation!
What a wicked man I am!The things I want to do,I don't do.The things I don't want to do I find myself doing
kadonye
#38 Posted : Friday, February 04, 2011 7:16:01 AM
Rank: Elder

Joined: 5/30/2009
Posts: 1,390
@ Jus blazin, uko on point bro. Before giving Kibaki a hearing, he always appears wrong. The herd mentality is not only in stocks, it is also present in politics. He may need however to start the process from scratch and save us from all this hullabaloo.
What a wicked man I am!The things I want to do,I don't do.The things I don't want to do I find myself doing
kingfisher
#39 Posted : Friday, February 04, 2011 8:21:57 AM
Rank: Elder

Joined: 4/9/2008
Posts: 2,824
Jus Blazin wrote:
......... Forget about consultations, that is just a theatre of the absurd.


@Jus Blazin
What better words to brighten a Friday morning!!

Sasa sisi watu wa NO fail to understand why watu wa YES are fighting over a cow they bought together!! At least we told them "That cow is sick, don't touch it before it is seen by a VET"
When I have money, I get rid of it quickly, lest it find a way into my heart.
ecstacy
#40 Posted : Friday, February 04, 2011 9:59:57 AM
Rank: Elder

Joined: 2/26/2008
Posts: 4,449
time he has bought but for what? Speaker Marende should stop wasting time and abide by the Court Ruling made yesterday. Having more and more House Committees meeting about this does not solve anything. The Judge has provided legal direction.
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