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Marende gives verdict
PONDI
#21 Posted : Tuesday, April 28, 2009 9:34:00 AM
Rank: Veteran


Joined: 5/8/2007
Posts: 885
lawyers mpo? if marende decides to ignore the law...or tries to be 'creative' and tinkers with it... what charges can be preferred??

He who laughs last thinks slowest..
kivairu
#22 Posted : Tuesday, April 28, 2009 9:46:00 AM
Rank: Member


Joined: 3/5/2008
Posts: 532
Location: Nairobi
that guy will lean towards the law...he must be really feeling 'sufficiently philanthrophic enough' in letting odm know what the law says.

Fear not says the Lord

Strive not to be a success, but rather to be of value. –Albert Einstein.
chi20
#23 Posted : Tuesday, April 28, 2009 10:20:00 AM
Rank: Member


Joined: 10/24/2008
Posts: 223
last year,immediately after the disputed elections,the seat as a tradition went to vp. there were no hullabaloo. the constitution is very clear on this; its a preserve of the presidential executive powers to appoint the leader of hbc. therefore when rao writes appointing letters to appoint himself to the position,my cents issues are: rao is not genuine,he would challenged the appointment since last year,secondly,his own acts are a direct challenge to the exeucitve (presidential) powers which are explicit in the kenya,the constitution.

odm wish to lean on the national accord,its no superior to the constitution. infact,it should be understood to be a subset to the constitution,in that,just a few clauses of the existing constitution was amended to include the establsihment of the coalition govt,with the inclusion of prime minister and deputy prime ministers. there was no changes to the presidentials powers whatsoever.

now in the current scenario,what if marende decides to suspended the parliament for the next six months. what the worst that can happen?



mwana wa kahii. . . ..
Njunge
#24 Posted : Tuesday, April 28, 2009 10:50:00 AM
Rank: Elder


Joined: 2/7/2007
Posts: 11,935
Location: Nairobi
@Chi2o,

Marende cannot suspend parliament.Parliament defers itself for the next six months where a HBC is not constituted.Never happened in Kenya though but here is the catch.If parliament fails to convene for 3 consecutive months,it stands dissolved......!!....In order to beat this just in case Marende doesn't give guidance and the two principals don't come to an agreement,backbenchers will definitely float an agreed constitution of the committee comprising of 11 ODM MPigs and 10 from PNU.Once adopted,MPigs can sit pretty assured that they will not lose their seats and they can tell Kenyans,......'Hey look,we have a committee,what is not in place is just the chairman/Chairlady.....'...Trust this MPigs.I wish them swine flu....!!


Guka wa bijuti...
Nothing great was ever achieved without enthusiasm.
Pierce
#25 Posted : Tuesday, April 28, 2009 11:08:00 AM
Rank: Veteran


Joined: 3/16/2009
Posts: 1,464
Guka correct me if I'm wrong but as per the Constitution the HBC must have a chairman for it to be fully constituted and may not handle any business until and unless such vacancy is filled!
Fundaah
#26 Posted : Tuesday, April 28, 2009 11:08:00 AM
Rank: Elder


Joined: 11/19/2008
Posts: 1,267
when will the decision be made? what time ?

I mean fundamental analysis,you get me?

Fundamental analysis of a business involves analyzing its financial statements and health,its management and competitive advantages,and its competitors
Isaiah 65:17-Look! I am creating new heavens and a new earth, and no one will even think about the old ones anymore
B.Timer
#27 Posted : Tuesday, April 28, 2009 11:51:00 AM
Rank: Veteran


Joined: 5/31/2008
Posts: 1,076
@Pierce

Last Thursday Ababu Namwamba clarified that there is nowhere in our law where it makes it mandatory to have a chair for the HBC to transact its business. In fact the MPs suggest they will choose one of their own to chair,as they await the govt to sort themselves out and appoint a substantive chair.

The matter about waiting six months and the 3 months catch on the house is that;
If the motion of voting for the membership of the HBC is brought to the House and defeated,then the motion can only be brought back to the house after six months.
However after Three months with no sitting,the house stands dissolved automatically.
I am told though that the speaker could actually,rescind the outcome of such a motion and call for a repeat vote,there by saving everyone else including self.

Trump card;

If Marende were to rule against Kibaki,which accordingly to PNU is an action that amounts to a civilian coup,then they will opt for the 'last resort',- pull out of the coalition,and Bingo,Raila becomes a back bencher,while any willing ODM PMs are invited into the subsequent Govt. There would be customers in their tens,- the 2 Rutos,Kutuny,Balala,Namwamba and a host of other Rift valley chaps.

Raila would sponsor 'mass action' ya mwaka,but without participation of R.V. ............ mmmmmm.

B.timer
Dunia ni msongamano..
mali ya nguvu
#28 Posted : Tuesday, April 28, 2009 11:59:00 AM
Rank: Member


Joined: 1/7/2009
Posts: 115
marende has just requested the house for fifteen minutes for his legal team to finalise...

Peace to all men of Goodwill
Sober
#29 Posted : Tuesday, April 28, 2009 12:07:00 PM
Rank: Elder


Joined: 11/27/2007
Posts: 3,604
Finalise,ama doctor. The last time i heard of such a thing....

A likely impossibility is always preferable to an unconvincing posibility.
African parents don't know how to say sorry.. the closest you will get to a sorry is a 'have you eaten'
Mainat
#30 Posted : Tuesday, April 28, 2009 12:32:00 PM
Rank: Veteran


Joined: 11/21/2006
Posts: 1,590
I believe ma-ke/rende just failed the leadership/kiguoya test...

www.mjengakenya.blogspot.com
Sehemu ndio nyumba
Sober
#31 Posted : Tuesday, April 28, 2009 12:36:00 PM
Rank: Elder


Joined: 11/27/2007
Posts: 3,604
Must you?! I thought we were elites.

A likely impossibility is always preferable to an unconvincing posibility.
African parents don't know how to say sorry.. the closest you will get to a sorry is a 'have you eaten'
kingfisher
#32 Posted : Tuesday, April 28, 2009 12:37:00 PM
Rank: Elder


Joined: 4/9/2008
Posts: 2,824
poor marende,the guy is moving into circles........i doubt he has guts at all to make a real ruling!!

If you have money that you expect to start using in five years,it now belongs in stocks.
When I have money, I get rid of it quickly, lest it find a way into my heart.
Obi 1 Kanobi
#33 Posted : Tuesday, April 28, 2009 12:38:00 PM
Rank: Elder


Joined: 7/23/2008
Posts: 3,017
@B.Timer,you are one heck of a lazy thinker.

I thot the accord states that the govt stands desolved if one party withdraws,where did you get your interpretation.


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
Mr.Tea
#34 Posted : Tuesday, April 28, 2009 12:41:00 PM
Rank: Member


Joined: 12/4/2008
Posts: 341
Location: Nairobi
The accord is actually silent on such an eventuality but we know the reality of it is that one party would find it unbearably difficult to rule without the other.

Patience Pays in Guaranteed Checks
Patience Pays In Guaranteed Checks.
tandich
#35 Posted : Tuesday, April 28, 2009 12:45:00 PM
Rank: Member


Joined: 5/6/2008
Posts: 199
Just in case you haven't been told,now is the time to fish for our rose-tinted Glasses and observe the ruling. It's time to interpret the result from the view from the partisan vantage point we occupy regardless of other/better options. Throw into the mix some choice arguments for common-sense,rule of law etc... just for good measure. Aarrgh!
kingfisher
#36 Posted : Tuesday, April 28, 2009 12:47:00 PM
Rank: Elder


Joined: 4/9/2008
Posts: 2,824
@Obi......i cannot see the word government anywhere. Did they omit something without knowing??

6. The coalition shall stand dissolved if &acirc;&euro;'

(a) the Tenth Parliament is dissolved;

(b) the coalition parties agree in writing; or

(c) one coalition partner withdraws from the coalition by a resolution of the highest decision-making organ of that party in writing.

8. This Act shall cease to apply upon dissolution of the tenth Parliament,if the coalition is dissolved,or a new Constitution is enacted,whichever is earlier.

If you have money that you expect to start using in five years,it now belongs in stocks.
When I have money, I get rid of it quickly, lest it find a way into my heart.
B.Timer
#37 Posted : Tuesday, April 28, 2009 12:48:00 PM
Rank: Veteran


Joined: 5/31/2008
Posts: 1,076
@Obi

I am lost for words!!

You may very well help me see something that has escaped my attention all this while.
Kindly point out to me where to find that assertion in the accord,- that,the govt. stands dissolved once one partner quits.

The copy I have was too shy to carry that part.

Help a brother man!!!

B.timer
Dunia ni msongamano..
Mainat
#38 Posted : Tuesday, April 28, 2009 12:55:00 PM
Rank: Veteran


Joined: 11/21/2006
Posts: 1,590
Sober- a leader is somebody who treads where ordinary mortals fear to tread. Who provides decisive (and if need be consultative) leadership without leaving gaps.

Ma-ke/rende if he was a leader would have said that he is proposing that parliament nominates and elects the next HBC leader. Full stop.


www.mjengakenya.blogspot.com
Sehemu ndio nyumba
adept
#39 Posted : Tuesday, April 28, 2009 12:56:00 PM
Rank: Member


Joined: 12/8/2008
Posts: 359
Speaker is the interim chair...
kingfisher
#40 Posted : Tuesday, April 28, 2009 12:56:00 PM
Rank: Elder


Joined: 4/9/2008
Posts: 2,824
as expected the executive given more time to reach consensus

all standing orders requiring HBC leader action suspended for now

what a ruling!!!!!!!!

If you have money that you expect to start using in five years,it now belongs in stocks.
When I have money, I get rid of it quickly, lest it find a way into my heart.
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