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Kibaki s Judicial Nominations illegal -High Court
newfarer
#1 Posted : Thursday, February 03, 2011 4:35:19 PM
Rank: Elder


Joined: 3/19/2010
Posts: 3,504
Location: Uganda
Kibaki s Judicial Nominations illegal -High Court declares
Kenyans are wining
punda amecheka
McReggae
#2 Posted : Thursday, February 03, 2011 4:38:00 PM
Rank: Elder


Joined: 6/17/2008
Posts: 23,365
Location: Nairobi
Marende declines to make a judgment!!!!!
..."Wewe ni mtu mdogo sana....na mwenye amekuandika pia ni mtu mdogo sana!".
newfarer
#3 Posted : Thursday, February 03, 2011 4:43:58 PM
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Joined: 3/19/2010
Posts: 3,504
Location: Uganda
McReggae wrote:
Marende declines to make a judgment!!!!!


Why? threats?
punda amecheka
YesuWangu
#4 Posted : Thursday, February 03, 2011 4:45:58 PM
Rank: Elder


Joined: 8/11/2010
Posts: 1,588
Hmmmm...so a local court has decided. Will this court be obeyed? It is crucial for local courts to be seen to be obeyed, right? It will be disastrous for the local court to be shoved aside, right? At least that is what the AU was told.
McReggae
#5 Posted : Thursday, February 03, 2011 4:48:26 PM
Rank: Elder


Joined: 6/17/2008
Posts: 23,365
Location: Nairobi
Forwards the letter from Kibz and PM to the committee of legal affairs to bring their report to parliament by thursday next week!!!!!

He is simply giving MK a chance to think straight and do the right thing!!!!
..."Wewe ni mtu mdogo sana....na mwenye amekuandika pia ni mtu mdogo sana!".
Jus Blazin
#6 Posted : Thursday, February 03, 2011 4:53:09 PM
Rank: Elder


Joined: 10/23/2008
Posts: 3,966
Marende realises MK may have been right, but since he doesnt want to disappoint RAO and his cronies, declines to make a judgement.
Luck is when Preparation meets Opportunity. ~ Lucius Annaeus Seneca
Jus Blazin
#7 Posted : Thursday, February 03, 2011 4:58:15 PM
Rank: Elder


Joined: 10/23/2008
Posts: 3,966
Question: can high court affect or stop parliament from its internal mechanisms on this issue?
Luck is when Preparation meets Opportunity. ~ Lucius Annaeus Seneca
McReggae
#8 Posted : Thursday, February 03, 2011 5:01:02 PM
Rank: Elder


Joined: 6/17/2008
Posts: 23,365
Location: Nairobi
Jus Blazin wrote:
Marende realises MK may have been right, but since he doesnt want to disappoint RAO and his cronies, declines to make a judgement.


He basically told kibaki, listen to what the people are saying. These committees have already shown disapproval of the process, and so as much as he says he is seeking the advice of the committees, he has basically told kibaki off!
..."Wewe ni mtu mdogo sana....na mwenye amekuandika pia ni mtu mdogo sana!".
newfarer
#9 Posted : Thursday, February 03, 2011 5:03:38 PM
Rank: Elder


Joined: 3/19/2010
Posts: 3,504
Location: Uganda
Jus Blazin wrote:
Marende realises MK may have been right, but since he doesnt want to disappoint RAO and his cronies, declines to make a judgement.


Aiiiiiii the MK would be a genious , if the High court was wrong , the saints oops catholic bishops ,The Laywers , AG , Chief justice 99.99% of all Wazuan are wrong
Only Kibaki is right.
punda amecheka
2012
#10 Posted : Thursday, February 03, 2011 5:05:45 PM
Rank: Elder


Joined: 12/9/2009
Posts: 6,592
Location: Nairobi
And the circus continues...

BBI will solve it
:)
Jus Blazin
#11 Posted : Thursday, February 03, 2011 5:09:08 PM
Rank: Elder


Joined: 10/23/2008
Posts: 3,966
McReggae wrote:
Jus Blazin wrote:
Marende realises MK may have been right, but since he doesnt want to disappoint RAO and his cronies, declines to make a judgement.


He basically told kibaki, listen to what the people are saying. These committees have already shown disapproval of the process, and so as much as he says he is seeking the advice of the committees, he has basically told kibaki off!

I dont think so. When the committees present their findings next week, they'll have to show factually that the process was flawed. We all know based on Tuesday that someone was not telling the truth. Again, as per the new constitution, the AG, the DPP and the CoB are nominated by the President and appointed by the President with the approval of the National Assembly. There's no JSC involved. Hence where there is a tug of war is on the CJ. That is the constitution. Read it carefully.
Luck is when Preparation meets Opportunity. ~ Lucius Annaeus Seneca
Jus Blazin
#12 Posted : Thursday, February 03, 2011 5:13:45 PM
Rank: Elder


Joined: 10/23/2008
Posts: 3,966
newfarer wrote:
Jus Blazin wrote:
Marende realises MK may have been right, but since he doesnt want to disappoint RAO and his cronies, declines to make a judgement.


Aiiiiiii the MK would be a genious , if the High court was wrong , the saints oops catholic bishops ,The Laywers , AG , Chief justice 99.99% of all Wazuan are wrong
Only Kibaki is right.

Where did MK go wrong? Is it in not consulting 'to the point of an agreement' or not involving JSC? Ama what does the constitution say, coz there's a lot of hullabaloo but facts are that procedure was followed. Emotions can sway a million people to make a wrong choice. We've seen instances where majority have been wrong.
Luck is when Preparation meets Opportunity. ~ Lucius Annaeus Seneca
newfarer
#13 Posted : Thursday, February 03, 2011 5:19:24 PM
Rank: Elder


Joined: 3/19/2010
Posts: 3,504
Location: Uganda
Jus Blazin wrote:
newfarer wrote:
Jus Blazin wrote:
Marende realises MK may have been right, but since he doesnt want to disappoint RAO and his cronies, declines to make a judgement.


Aiiiiiii the MK would be a genious , if the High court was wrong , the saints oops catholic bishops ,The Laywers , AG , Chief justice 99.99% of all Wazuan are wrong
Only Kibaki is right.

Where did MK go wrong? Is it in not consulting 'to the point of an agreement' or not involving JSC? Ama what does the constitution say, coz there's a lot of hullabaloo but facts are that procedure was followed. Emotions can sway a million people to make a wrong choice. We've seen instances where majority have been wrong.


Hiyo maneno tumeonga mara nyingi
I wont make any effort debating about it again.

Consulting is not informing.

This is not about man and his wife .Its national .38 million people.so agreement is important.

If you dont agree what is the need of consulting?


This is a government formed by 2 people , why wouldn't they agree on such a serious issue?

What was the rush in appointing for.

If all the people appointed were Kibakis favorites , how about the other partner in the colision?

The appointees are made to take the interest of all kenyans and so there should been an agreement between the representatives(leaders ) to gain credibility.




punda amecheka
kadonye
#14 Posted : Thursday, February 03, 2011 5:20:58 PM
Rank: Elder


Joined: 5/30/2009
Posts: 1,390
newfarer wrote:
Jus Blazin wrote:
Marende realises MK may have been right, but since he doesnt want to disappoint RAO and his cronies, declines to make a judgement.


Aiiiiiii the MK would be a genious , if the High court was wrong , the saints oops catholic bishops ,The Laywers , AG , Chief justice 99.99% of all Wazuan are wrong
Only Kibaki is right.



Let's get it right people.
1.Kibaki MUST consult RAO on appointments.
2.Kibaki does NOT need any input from JSC on appointment of the CJ.

Quote:
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.

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
#15 Posted : Thursday, February 03, 2011 5:27:23 PM
Rank: Elder


Joined: 5/30/2009
Posts: 1,390
Jus Blazin wrote:


Where did MK go wrong? Is it in not consulting 'to the point of an agreement' or not involving JSC? Ama what does the constitution say, coz there's a lot of hullabaloo but facts are that procedure was followed. Emotions can sway a million people to make a wrong choice. We've seen instances where majority have been wrong.


Blame it on Nzamba and the other 'experts'. We'll get another such crisis next year when Marende and his brigade decide to go on for the unexpired term of this parliament!

It's time for lawyers to make money on interpretation!
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
masukuma
#16 Posted : Thursday, February 03, 2011 5:31:04 PM
Rank: Elder


Joined: 10/4/2006
Posts: 13,821
Location: Nairobi
a ruling of the court is useless in this matter as parliament is independent. there are 3 arms of government
1. Executive - to execute laws
2. Parliament - to make laws
3. Judiciary - to determine whether a matter is according to the law.

the Judiciary can only bark - and the Executive follows. but there is nothing that can be done to a rogue parliament.
All Mushrooms are edible! Some Mushroom are only edible ONCE!
newfarer
#17 Posted : Thursday, February 03, 2011 5:32:35 PM
Rank: Elder


Joined: 3/19/2010
Posts: 3,504
Location: Uganda
kadonye wrote:
Jus Blazin wrote:


Where did MK go wrong? Is it in not consulting 'to the point of an agreement' or not involving JSC? Ama what does the constitution say, coz there's a lot of hullabaloo but facts are that procedure was followed. Emotions can sway a million people to make a wrong choice. We've seen instances where majority have been wrong.


Blame it on Nzamba and the other 'experts'. We'll get another such crisis next year when Marende and his brigade decide to go on for the unexpired term of this parliament!

It's time for lawyers to make money on interpretation!


The 'paper' we voted for is innocent.Nzamba is innocent .I blame it on impunity and resistance to change
punda amecheka
Jus Blazin
#18 Posted : Thursday, February 03, 2011 5:33:52 PM
Rank: Elder


Joined: 10/23/2008
Posts: 3,966
kadonye wrote:
Jus Blazin wrote:


Where did MK go wrong? Is it in not consulting 'to the point of an agreement' or not involving JSC? Ama what does the constitution say, coz there's a lot of hullabaloo but facts are that procedure was followed. Emotions can sway a million people to make a wrong choice. We've seen instances where majority have been wrong.


Blame it on Nzamba and the other 'experts'. We'll get another such crisis next year when Marende and his brigade decide to go on for the unexpired term of this parliament!

It's time for lawyers to make money on interpretation!

Credible experts from credible institutions gave us an ambiguous consultative constitution and yet we say we are following these same credible institutions.
Luck is when Preparation meets Opportunity. ~ Lucius Annaeus Seneca
Wendz
#19 Posted : Thursday, February 03, 2011 5:40:39 PM
Rank: Elder


Joined: 6/19/2008
Posts: 4,268
kadonye wrote:
newfarer wrote:
Jus Blazin wrote:
Marende realises MK may have been right, but since he doesnt want to disappoint RAO and his cronies, declines to make a judgement.


Aiiiiiii the MK would be a genious , if the High court was wrong , the saints oops catholic bishops ,The Laywers , AG , Chief justice 99.99% of all Wazuan are wrong
Only Kibaki is right.



Let's get it right people.
1.Kibaki MUST consult RAO on appointments.
2.Kibaki does NOT need any input from JSC on appointment of the CJ.

Quote:
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.



what does this one say in matters concerning the running of a coalition government?
Jus Blazin
#20 Posted : Thursday, February 03, 2011 5:41:05 PM
Rank: Elder


Joined: 10/23/2008
Posts: 3,966
newfarer wrote:
Jus Blazin wrote:
newfarer wrote:
Jus Blazin wrote:
Marende realises MK may have been right, but since he doesnt want to disappoint RAO and his cronies, declines to make a judgement.


Aiiiiiii the MK would be a genious , if the High court was wrong , the saints oops catholic bishops ,The Laywers , AG , Chief justice 99.99% of all Wazuan are wrong
Only Kibaki is right.

Where did MK go wrong? Is it in not consulting 'to the point of an agreement' or not involving JSC? Ama what does the constitution say, coz there's a lot of hullabaloo but facts are that procedure was followed. Emotions can sway a million people to make a wrong choice. We've seen instances where majority have been wrong.


Hiyo maneno tumeonga mara nyingi
I wont make any effort debating about it again.

Consulting is not informing.

This is not about man and his wife .Its national .38 million people.so agreement is important.

If you dont agree what is the need of consulting?

Tumeongea mara mingi but yet you dont understand. Consultation does not mean consensus. I repeat for your understanding. It does not mean agreement. It means your input has been taken in and the nominating authority (MK) will choose to use it or not. And RAO did not have an issue with the other 3; DPP, AG or CoB, who were approved by his technical committee on the nominations. His issue was a foreign CJ or Justice Omollo/Amollo. He hit the roof when MK went for a neutral, and everyone started scratching their heads bald claiming the process was unconstitutional.

How many times have you sought advise, i.e. consulted someone without agreeing to what they advise you? Read your constitution again. Download a copy. Do something. Dont rely on the noisemakers who may not have been present during the meetings. Soma Katiba.
Luck is when Preparation meets Opportunity. ~ Lucius Annaeus Seneca
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