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kibaki nominates visram as chief justice
Rank: Elder Joined: 10/14/2009 Posts: 2,057
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ktn breaking news....prof. githu muigai nominated for attorney general and kioko kilo kumi as director of publlic prosecution....orengo claims baks did not consult...expect drama in the coming week.. If you are an eagle don't hang around with chickens; chickens don't fly....
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Rank: Member Joined: 1/6/2009 Posts: 98
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Kioko is good as well Githu. Am in a bar where 1 screen is showing wrestling on KBC. The scrolls indicate Baks in consultation with PM has appointed ...... We cud be in for political upheaval.
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Rank: Veteran Joined: 10/8/2008 Posts: 1,575
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Msa Liti wrote:Kioko is good as well Githu. Am in a bar where 1 screen is showing wrestling on KBC. The scrolls indicate Baks in consultation with PM has appointed ...... We cud be in for political upheaval. You are not having double vision..? These names may just go through parliament considering the current games being played between the main parties. EMK may have the upper hand.. a disaster because the elections is just one yr away. What will prevent the loser in the elections saying the judiciary cannot be trusted because the heads were unilaterally nominated viz ECK2007 I fear, MK never learnt a thing or never attended a class by Kofi I care!
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Rank: Member Joined: 6/4/2008 Posts: 394
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If it is true, that the president did not consult the PM, as alleged by Orengo, then this is an act of impunity. Doors of opportunity don't just open , they have to be unlocked & it's up to you to turn the knob.
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Rank: Elder Joined: 11/7/2007 Posts: 2,182
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i think MK is just a goon, bully very calculative, cunning and utterly disgusting, and to think that he was to be the liberator in 2002! NKT!!! LOVE WHAT YOU DO, DO WHAT YOU LOVE.
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Rank: Elder Joined: 3/2/2007 Posts: 8,776 Location: Cameroon
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Hey hey hey...Hold ua ballz rait there, where is it written in the new constitution that orezzo must consult the pm? Consultations can only b an act of courtesy, o'wise Baks nominates, bunge approves. Period. TULIA.........UFUNZWE!
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Rank: Elder Joined: 11/14/2007 Posts: 4,152
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simonkabz wrote:Hey hey hey...Hold ua ballz rait there, where is it written in the new constitution that orezzo must consult the pm? Consultations can only b an act of courtesy, o'wise Baks nominates, bunge approves. Period. Exactly....these are just nominees who have to go through parliament for approval. If anyone has an issue let them raise it up in parliament. Ati he wasn't consulted, please!
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Rank: Member Joined: 6/23/2010 Posts: 153 Location: FU
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actually simonkabz everywhere in the new constitution. I will not bother quoting for you where as i expected someone who voted yes to have read it.
Raila doesn't need to do anything other than write an affidavit that he wasn't consulted and there goes your beloved appointments.
I am now 100% sure that gov't in kenya has not seen what has happened in tunisia and egypt. You don't mess with the constitution or peoples feelings of being shafted.\
Simonkabz go read that constitution again, the new one, and read it for the old mzee coz he clearly has no idea what he's doing.
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Rank: New-farer Joined: 1/27/2011 Posts: 15 Location: Papa Kule
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Is baks a night-runner? First the swearing in in the cover of darkness and now this? The old man must be having something up in his sleeves for another dusk surprise starring him and perhaps the 'dusk nominated C.J' come 2012. Nionyeshe Njia Zako.
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Rank: Member Joined: 10/26/2010 Posts: 125
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Its absurd when people on these forum explain that baks doesn't have to consult rao or that it is not in the constitution.
They held a meeting where these nominations were the subject matter of discussion. But they never came to an agreement. They were to finalise this matter after they come from the AU meeting.
Then baks goes ahead and makes the nomination, claiming that there have been consultations. C'mon baks...behave. Now if these is not impunity, I dnt what is.
Even I voted for baks. But we are in a coalition where both parties have to be in agreement on matters such as these. Baks and his fellow characters are just raising political temperatures unnecessarily.
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Rank: Elder Joined: 3/19/2010 Posts: 3,504 Location: Uganda
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Raila himself told Reuters he was not consulted http://uk.news.yahoo.com...nya-judges-43a8d4f.html
Kibaki , this is impunity. FOR THE EDUCATION OF SIMONKABZ Chief Justice 24. (1) The Chief Justice in office immediately before the effective date shall, within six months after the effective date, vacate office and may choose either— (a) to retire from the judiciary; or (b) subject to the process of vetting under section 23, to continue to serve on the Court of Appeal. ( 2) A new Chief Justice shall be appointed by the President, subject to the National Accord and Reconciliation Act, and after consultation with the Prime Minister and with the approval of the National Assembly.(3) Subsection (2) also applies if there are further vacancies in the office of Chief Justice before the first general elections under this Constitution. Part 6 – Commissions punda amecheka
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Rank: Elder Joined: 3/19/2010 Posts: 3,504 Location: Uganda
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KIOKO KILUKUMI Mentioned in this scandal :the irregular and fraudulent payment by the Solicitor General, Mr. Wanjuki Muchemi, of Kshs 72 million of public funds to six lawyers (Kshs 12 million each to Dr. Gibson Kamau Kuria, Mr. Waweru Gatonye, Mr. Njoroge Regeru, Ms. Lucy Kambuni, Mr. Kioko Kilukumi and Mr. Fred Ngatia) as legal fees in November 2005 a 5-day court appearance. Shamefully, AG Amos Wako defended these payments in Parliament. http://majimbokenya.com/...nya-says-neto-agostinho/punda amecheka
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Rank: Elder Joined: 3/19/2010 Posts: 3,504 Location: Uganda
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Githu Muigai This is what he had to say when Kibaki silently reinstated 4 corruption riddled PSes Similarly, constitutional lawyer Githu Muigai said since the authority to appoint a permanent secretary rests with the President, he has the same authority to reinstate him. “The President has the power to suspend PSs to allow an investigation. After so doing, he has at his disposal several agencies to facilitate that kind of investigation,” Prof Muigai said. http://kenya.world-countries.net/archives/6497
When Uhuru irregularly nominated Councillors in 2008 Prof Muigai was well in full support of him http://kenyachronicles.blogspot.com/
Prof Githu Muigai said that after looking at the Constitution, the Local Government Act and recent decisions of the courts on the interpretation of the relevant provisions, the Local Government minister is not obliged to nominate councillors from a list received from the ECK. Hata Afadhali wako aendelee tu kusmile kama ag . Its a 360 degree change punda amecheka
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Rank: Elder Joined: 10/14/2009 Posts: 2,057
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newfarer wrote:Raila himself told Reuters he was not consulted http://uk.news.yahoo.com...nya-judges-43a8d4f.html
Kibaki , this is impunity. FOR THE EDUCATION OF SIMONKABZ Chief Justice 24. (1) The Chief Justice in office immediately before the effective date shall, within six months after the effective date, vacate office and may choose either— (a) to retire from the judiciary; or (b) subject to the process of vetting under section 23, to continue to serve on the Court of Appeal. ( 2) A new Chief Justice shall be appointed by the President, subject to the National Accord and Reconciliation Act, and after consultation with the Prime Minister and with the approval of the National Assembly.(3) Subsection (2) also applies if there are further vacancies in the office of Chief Justice before the first general elections under this Constitution. Part 6 – Commissions @newfarer thank you for setting the record straight. Mzee kibaki why are you behaving badly with only afew months in office before you go home? , If you are an eagle don't hang around with chickens; chickens don't fly....
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Rank: Elder Joined: 3/19/2010 Posts: 3,504 Location: Uganda
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The sad thing is that with ODM cornered in parliament , the names may as well pass. Then the lords of impunity will break any other part of the constitution without care. punda amecheka
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Rank: Elder Joined: 11/14/2007 Posts: 4,152
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newfarer wrote:Githu Muigai This is what he had to say when Kibaki silently reinstated 4 corruption riddled PSes Similarly, constitutional lawyer Githu Muigai said since the authority to appoint a permanent secretary rests with the President, he has the same authority to reinstate him. “The President has the power to suspend PSs to allow an investigation. After so doing, he has at his disposal several agencies to facilitate that kind of investigation,” Prof Muigai said. http://kenya.world-countries.net/archives/6497
When Uhuru irregularly nominated Councillors in 2008 Prof Muigai was well in full support of him http://kenyachronicles.blogspot.com/
Prof Githu Muigai said that after looking at the Constitution, the Local Government Act and recent decisions of the courts on the interpretation of the relevant provisions, the Local Government minister is not obliged to nominate councillors from a list received from the ECK. Hata Afadhali wako aendelee tu kusmile kama ag . Its a 360 degree change What's wrong with that? I'm just sick and tired of this Coalition business. Mara RAO was not consulted....sijui MK was not briefed blah blah blah.
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Rank: Elder Joined: 3/19/2010 Posts: 3,504 Location: Uganda
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Read what other legal expert had to say about Kibakis decision: Legal experts said there was a serious breach of procedure in handling the case. “This is actually a sign of impunity as the President and the PM could not have secretly asked for the report and secretly cleared the PSs. This is something we will take up in Parliament. Do they want to tell us that the Pricewaterhouse investigations were a fluke, yet a number of people were implicated?” asked Gichugu MP Martha Karua. Lawyer Kamotho Waiganjo described the President’s decision to reinstate the PSs before Mr Wako went through their investigation files and gave legal advice on whether to prosecute, as “irresponsible”. He said the reinstatement casts a shadow over the credibility of the anti-corruption body and its reports.By bypassing the AG and handing over investigation files directly to the President or the Prime Minister, the lawyer argued that KACC raised serious questions about its independence from the Executive. “The report should have gone to the AG, not to the President nor the Prime Minister; there was a reason why the reporting procedures were laid down. One of them was to depoliticise the anti-corruption authority,” said Mr Waiganjo, a Nairobi-based lawyer. “Now KACC can easily be seen as an extension of the Executive.” His sentiments were echoed by lawyer Harun Ndumbi, who described the President’s decision to bypass his legal adviser as “a stamp of impunity”. “The idea of the investigations was to tell Kenyans who stole the maize and FPE funds … with the PSs back in office, we might never know the truth,” Mr Ndumbi said. This Prof Githu is just too pro-Kibaki and Kibaki has handsomely rewarded him. He uses his own legal interpretations to defend something that in public opinion , justice is not seen to to done. Its a simple common law maxim ,that justice must not only be done but must be seen to be done. punda amecheka
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Rank: Elder Joined: 3/19/2010 Posts: 3,504 Location: Uganda
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TAZ wrote:[quote=newfarer]G
What's wrong with that? I'm just sick and tired of this Coalition business. Mara RAO was not consulted....sijui MK was not briefed blah blah blah. If you voted Yes on the new constitution , that is what it says. And given that kenyans put themselves in that hole , they have to live with it. As for Justice Visram , No much about him . How comes out of all the appointments there is not a woman appointee? punda amecheka
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Rank: Elder Joined: 11/14/2007 Posts: 4,152
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newfarer wrote:Read what other legal expert had to say about Kibakis decision:
Legal experts said there was a serious breach of procedure in handling the case. “This is actually a sign of impunity as the President and the PM could not have secretly asked for the report and secretly cleared the PSs.
This is something we will take up in Parliament. Do they want to tell us that the Pricewaterhouse investigations were a fluke, yet a number of people were implicated?” asked Gichugu MP Martha Karua. Lawyer Kamotho Waiganjo described the President’s decision to reinstate the PSs before Mr Wako went through their investigation files and gave legal advice on whether to prosecute, as “irresponsible”.
He said the reinstatement casts a shadow over the credibility of the anti-corruption body and its reports.By bypassing the AG and handing over investigation files directly to the President or the Prime Minister, the lawyer argued that KACC raised serious questions about its independence from the Executive.
“The report should have gone to the AG, not to the President nor the Prime Minister; there was a reason why the reporting procedures were laid down. One of them was to depoliticise the anti-corruption authority,” said Mr Waiganjo, a Nairobi-based lawyer. “Now KACC can easily be seen as an extension of the Executive.”
His sentiments were echoed by lawyer Harun Ndumbi, who described the President’s decision to bypass his legal adviser as “a stamp of impunity”. “The idea of the investigations was to tell Kenyans who stole the maize and FPE funds … with the PSs back in office, we might never know the truth,” Mr Ndumbi said.
This Prof Githu is just too pro-Kibaki
and Kibaki has handsomely rewarded him.
He uses his own legal interpretations to defend something that in public opinion , justice is not seen to to done.
Its a simple common law maxim ,that justice must not only be done but must be seen to be done. Of course he is MKs ally, thats why he's rewarding him. Parliament has the power to approve or reject these nominations, so i would blame the Mpigs who will use this opportunity to settle political scores..
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Rank: Elder Joined: 2/7/2007 Posts: 11,935 Location: Nairobi
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MK is playing ODM coz he knows the names will pass in parliament....Something like kwani RAO ata-do?...Funny though! Nothing great was ever achieved without enthusiasm.
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