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Marende gives verdict
ecstacy
#136 Posted : Thursday, April 30, 2009 8:13:00 AM
Rank: Elder

Joined: 2/26/2008
Posts: 4,449
True. The Constitution is very clear on this even to these ODM MPs save for their fanatical or ignorant supporters here on SK. Their bone of contention is what effect the National Accord has on what the constitution clearly stipulates. You only need to read the National Accord to realise how dishonest the ODM position is. It has nothing to do with the interests of Wanjiku.
sukuma
#137 Posted : Thursday, April 30, 2009 8:21:00 AM
Rank: Member

Joined: 11/13/2008
Posts: 147
@Btimer$like minded
Did Marende rule decisively,in the sense of settling the matter once and for all. He merely skirted around the issue,as he appointed himself - caretaker chair,pending advise after the decision is made elsewhere.That is cowardice.

Honestly you make make me sick with such utterances,in your mind was Koffi Annan's intervention for power sharing an act of cowardice for him failing to stick to ECK pronouncement of Kibaki's win?.It would have been very easy for him to declare that the constitution asserts so,but he chose otherwise,did you care to find out why?Timer things are not the same again.Marende spoke for the masses,you stand for a few,if Marende upheld Kibaki's usual unilateral decision things would be different know,how else can we proclaim where we are heading to if we can't remember where we came from?

sk lady
B.Timer
#138 Posted : Thursday, April 30, 2009 8:24:00 AM
Rank: Veteran

Joined: 5/31/2008
Posts: 1,076
Na jana niliuliza swali.

In the event of an MP petitioning the Speaker on account of some beef he/she has with the HBC decisions and/orconduct,would he be in any position to play neutral and honest adjudicator.

Remember the age old maxim of not being a judge in our own case.
Hii ni catch 22.

Wadadisi wa mambo niambieni,vipi hapo,iko utata.

B.timer
Dunia ni msongamano..
Brewer
#139 Posted : Thursday, April 30, 2009 8:37:00 AM
Rank: Member

Joined: 6/24/2008
Posts: 238
Mcreggae- your question asked and answered.

@ sukuma- we know just too well where we are coming from- it's called lawlessness and impunity. This notion that the louder one shouts the more right they may be is our undoing. A long prose written in high sounding and pain-relieving version will not make the marende decision correct. neither will the sanctimonious and patronising praise by the well meaning koffi annan and the foreign dignitaries. by disregarding and twisting clear provisions of the law to feed the whims of power mongers we are growing a monster that will devour kenya.
Obi 1 Kanobi
#140 Posted : Thursday, April 30, 2009 8:48:00 AM
Rank: Elder

Joined: 7/23/2008
Posts: 3,017
@B.Timer &Co.

This ruling by Marende has been stress tested in the court of public opinion and passed as excellent.

ODM think it was fair,the LSK think it was good,Koffi Annan and the .group of eminent persons' wrote to say it was good,the foreighn missions held a press conference to support it,individual constitutional lawyers have come out and stated that it is within the law,kenyans on the street are happy and just want the business of parliament to not be affected by the wrangles in the executive,even your beloved Martha Karua who co-wrote the accord for MK said it was a good ruling.

So tell me,on what basis do you keep arguing against it. Move on man this battle is lost,fight another day,MK might still manage to place Kalooser as the HBC chairman. Just wait,then you can come and celebrate the triumph of law and order as per your definition.



I guess if you can't win with facts,you can always pen bile-laced,xenophobic rants to distract everyone.
"The purpose of bureaucracy is to compensate for incompetence and lack of discipline." James Collins
The General
#141 Posted : Thursday, April 30, 2009 8:58:00 AM
Rank: Member

Joined: 6/3/2006
Posts: 553
@ ecstacy,B. Timer,Mr Tea,Brewer

I insist. What brings yal to the same opinion so strongly.




The thicker the thigh the sweeter the pie.
The thicker the thigh the sweeter the pie.
Brewer
#142 Posted : Thursday, April 30, 2009 8:59:00 AM
Rank: Member

Joined: 6/24/2008
Posts: 238
obi,am so relieved. i will wait for law and order to triumph. i can now pen off on this one.
Mr.Tea
#143 Posted : Thursday, April 30, 2009 9:00:00 AM
Rank: Member

Joined: 12/4/2008
Posts: 341
Location: Nairobi
When we let loose our emotional selves and fail to let reason prevail,I guess we will keep arriving at incongruent conclusions. That the constitution is supreme and all other laws are inferior to it (including the Accord,that is why it had to be anchored in the Constitution) is a matter of common knowledge to most. Advancing an argument to the contrary can only be interpreted as the height intellectual hypocrisy. Lets also agree here and now that Marende's decision is a transient measure seeking to prevent despondence,fear and acrimony in society which may end up occuring anyway if the big boys sit and do nothing in the meantime. If I am wrong on thisone then surrender is a wise option at this point.

Patience Pays in Guaranteed Checks
Patience Pays In Guaranteed Checks.
ecstacy
#144 Posted : Thursday, April 30, 2009 9:12:00 AM
Rank: Elder

Joined: 2/26/2008
Posts: 4,449
I agree...there is 'peace' today let's not 'disturb' that...tomorrow will be a better day or worse as I don't know the referee then when the Principals disagree on anything. Who knows what we'll use to settle major differences? the Constitution? The National Accord? the loudest mouths? the envoys? Koffi Annan? I 'agree'...lets rely on the spirit of teh Raila Odingas of today and Mwai Kibaki's on the day to live and conduct business. 'Screw the laws of the land'.

and we wonder why Agenda 4 has never been tackled? ...
B.Timer
#145 Posted : Thursday, April 30, 2009 9:57:00 AM
Rank: Veteran

Joined: 5/31/2008
Posts: 1,076
The rule of law,period.

There is no alternative to the rule of law in civilsed society.
Arguing that decisions are made to placate certain sections of society is defeatist.
Taking that option where do you stop. So from now,ad infinitum rulings should be made after running a barometer around the streets to see what the ignorant layabouts want.

Since thinking is free I try to think which informs the basis upon which I disagree with Marende's position on this matter.
If everybody else took free thinking as an option and took time off to look at the relevant laws they would draw their own informed conclusions as I do.
Those who are happy to sit and wait to be chaperoned around,well it is their choice.
I guess their greatest motivation for slowing their thinking brain cells is that - since the enigma has decided/accepted,you cant dare see it any other way.
For me it doesnt matter what Kibaki,Kalonzo,or any body else thinks.
My brain is not appendaged to theirs.
That is the beauty of mental liberty,something that our brothers and sisters dont enjoy.
One day they shall overcome,or so we hope.

B.timer
Dunia ni msongamano..
The General
#146 Posted : Thursday, April 30, 2009 9:58:00 AM
Rank: Member

Joined: 6/3/2006
Posts: 553
@ ecstacy,Brewer,Mr Tea,

So in summation,you are telling us that there are no details that can be made available to you that would make you change your opinion on The Speakers ruling?

The thicker the thigh the sweeter the pie.
The thicker the thigh the sweeter the pie.
B.Timer
#147 Posted : Thursday, April 30, 2009 10:06:00 AM
Rank: Veteran

Joined: 5/31/2008
Posts: 1,076
Give me those details.
If they are sensible I will change my position here and now.

B.timer
Dunia ni msongamano..
The General
#148 Posted : Thursday, April 30, 2009 10:22:00 AM
Rank: Member

Joined: 6/3/2006
Posts: 553

Have you engaged a legal team,like he has,to hear other perspectives to the scenario?



The thicker the thigh the sweeter the pie.
The thicker the thigh the sweeter the pie.
B.Timer
#149 Posted : Thursday, April 30, 2009 10:37:00 AM
Rank: Veteran

Joined: 5/31/2008
Posts: 1,076
Were there other perspectives other than what he read out for about an hour,which pointed to the right position anyway.
You see when you deliver a ruling you give out all the background details from which you drew your conclusion.

B.timer
Dunia ni msongamano..
Obi 1 Kanobi
#150 Posted : Thursday, April 30, 2009 10:40:00 AM
Rank: Elder

Joined: 7/23/2008
Posts: 3,017
@B.Timer,

It is possible that you can interpret the law better than all those people I listed in my post below,but,whta are the chances; 1 in 1million? or 1 in 10,000 even 1 in 100 is still very remote.

It is also possible that the entire group I listed are part of a conspiracy to deny kenya the rule of law,but again,the odds are razor thin.

This misrule of law that you keep talking on about here is in your mind.


I guess if you can't win with facts,you can always pen bile-laced,xenophobic rants to distract everyone.
"The purpose of bureaucracy is to compensate for incompetence and lack of discipline." James Collins
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