I remember Uhuru's madness, banging the tables all over when it seemed this man would not become the AG, now I perfectly understand why!!!!!

Githu Muigai is not the issue here he can't suspend or sack UK ama FM. Take a look at Nyachae's opinion below, do you really think the current Parliament will put everything in place before the elections???? What about the High Court, do you think it will stop WR and UK from contesting???

“Whereas the principles set out in Chapter Six are clear, the same Chapter Six in Article 80 requires legislation that would provide for the procedure and mechanism that is going to determine consequences (of breaching the law),” he said.

“In order to satisfactorily answer that matter one will be required to get an interpretation of the High Court on what Chapter Six says. If the court rules you have breached the Act then you will be barred from contesting. But for now it’s difficult to give a solid answer,” argued the CIC boss Charles Nyachae.

“The only legal provisions that call for suspension of public officers charged with criminal offences are in the Anti-Corruption and Economic Crimes Act, which require a public officer to be suspended once they are charged with economic crimes,” he said.

"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."

Is there a clause in the accord that expressly states that in the event of any existing clause in the constitution being in contravention with the accord, the accord shall prevail???

Leftists abound!

...Hassan Omar alitumalizia!!!And the Ag ain't making matters any better!

Full text of the national accord below.

THE NATIONAL ACCORD AND RECONCILIATION ACT 2008
Preamble:
There is a crisis in this country. The Parties have come together in recognition of this crisis, and agree that a political solution is required.
Given the disputed elections and the divisions in the Parliament and the country, neither side is able to govern without the other. There needs to be real power sharing to move the country forward.
A coalition must be a partnership with commitment on both sides to govern together and push through a reform agenda for the benefit of all Kenyans.

Description of the Act:
An Act of Parliament to provide for the settlement of the disputes arising from the presidential elections of 2007, formation of a Coalition Government and Establishment of the Offices of Prime Minister, Deputy Prime Ministers and Ministers of the Government of Kenya, their functions and various matters connected with and incidental to the foregoing.
1. This Act may be cited as the National Accord and Reconciliation Act 2008.
2. This Act shall come into force upon its publication in the Kenya Gazette which shall not be later than 14 days from the date of Assent.
3. (l) There shall be a Prime Minister of the Government of Kenya and two Deputy Prime Ministers who shall be appointed by the President in accordance with this section.

(2) The person to be appointed as Prime Minister shall be an elected member of the National Assembly who is the parliamentary leader of –
(a) the political party that has the largest number of members in the National Assembly; or
(b) a coalition of political parties in the event that the leader of the political party that has the largest number of members of the National Assembly does not command the majority in the National Assembly.
(3) Each member of the coalition shall nominate one person from the elected members of the National Assembly to be appointed a Deputy Prime Minister.

4.(1) The Prime Minister:
a) shall have authority to coordinate and supervise the execution of the functions and affairs of the Government of Kenya including those of Ministries;
b) may assign any of the coordination responsibilities of his office to the Deputy Prime Ministers, as well as one of them to deputise for him;
c) shall perform such other duties as may be assigned to him by the President or under any written law.
(2) In the formation of the coalition government, the persons to be appointed as Ministers and Assistant Ministers from the political parties that are partners in the coalition other than the President’s party, shall be nominated by the parliamentary leader of the party in the coalition. Thereafter there shall be full consultation with the president on the appointment of all Ministers. (3) The composition of the coalition government shall at all times reflect the relative parliamentary strengths of the respective parties and shall at all times take into account the principle of portfolio balance.

(4) The office of the Prime Minister and Deputy Prime Minister shall become vacant only if -
(a) the holder of the office, resigns or ceases to be a member of the National Assemb1y otherwise than by reason of the dissolution of Parliament; or
(b) the National Assembly passes a resolution Which is supported by a majority of all the members of the National Assembly excluding the ex-officio members and of which not less than seven days notice has been given declaring that the National Assemb1y has no confidence in the Prime Minister Or Deputy Prime Minister, as the case may he; or
(c) the coalition is dissolved.

(5) The removal of any Minister nominated by a parliamentary party of the coalition shall he made only after prior consultation and concurrence in writing with the leader of that party. 5. The Cabinet shall consist of the President, the Vice- President, the Prime Minister, the two Deputy Prime Ministers and the other Ministers. 6. The coalition shall stand dissolved if:

(a) the Tenth Parliament is dissolved; or
(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.
7. The prime minister and deputy prime ministers shall be entitled to such salaries, allowances, benefits, privileges and emoluments as may he approved by Parliament from time to time.
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.

@Kingfisher!
Agreement on the Principles of Partnership of the Coalition Government made on February 28, 2008 and the Agreement for the Establishment of a Commission of Inquiry on Post-Election Violence dated March 4, 2008;
Convinced that the fundamental reforms must be instituted to create a better, more secure, more prosperous Kenya for all;

Desirous to establish a framework for the implementation of the recommendations of the Commission of Inquiry into Post Election Violence as contained in the Report dated October 16, 2008 (“ the CIPEV Report”); and

Pursuant to the National Accord and Reconciliation Act as entrenched in the Constitution of Kenya,

NOW THE PARTIES HERETO HEREBY AGREE AS FOLLOWS:

Article 1: Establishment of the Special Tribunal for Kenya
The Parties shall prepare and submit to the National Assembly for enactment a Bill to be known as “The Statute for the Special Tribunal” to give effect to the establishment of the Special Tribunal to seek accountability against persons bearing the greatest responsibility for crimes, particularly crimes against humanity, relating to the 2007 General Elections in Kenya. The Bill shall provide for the matters recommended by the CIPEV Report in relation to the Special Tribunal for Kenya.

Article 2: Legislative Agenda
The Parties shall mobilize Parliamentary support for the enactment of the Freedom of Information Bill, 2008 and take such administrative measures as may be necessary to fully operationalise the Witness Protection Act, 2008 and the International Crimes Act, 2008.

Article 3: Comprehensive Reform of the Kenya Police and Administration Police
The Parties shall initiate urgent and comprehensive reform of the Kenya Police and the Administration Police. Such reforms shall be undertaken by the panel of policing experts and will include but not limited to a review of all tactics, weapons and the use of force, establishment of an independent Police Service Commission to oversee both the Kenya Police and the Administration Police, an Independent Police Conduct Authority for both the Kenya Police and the Administration Police, creation of a modern code of conduct for the Kenya Police and the Administration Police and achieving ethnic and tribal balance in the Force.

Article 4: Public Officers and Offices
The Parties shall ensure that any person holding public office or any public servant charged with a criminal offence related to 2008 post-election violence shall be suspended from duty until the matter is fully adjudicated upon.
The parties shall ensure that any person convicted of a post-election violence offence is barred from holding any public office or contesting any electoral position.

Article 5: Conflict and Disaster Early Warning and Response System
The Parties shall ensure that the Conflict and Disaster Early Warning and Response Systems as articulated in the First Medium Term Plan (2008-2012) are developed and implemented as a matter of priority.

Article 6: Framework for Implementation
The Parties hereby designate the Cabinet Sub-Committee on National Accord comprising H.E. Mwai Kibaki, President and Commander–in-Chief of the Armed Forces of the Republic of Kenya, Rt. Hon. Raila Amolo Odinga, Prime Minister of the Republic of Kenya and the Eight Ministers who represent the Parties to the Kenya National Dialogue and Reconciliation as the body to oversee the day-to-day management and implementation of this Agreement.

Done at Nairobi this 16th Day of December 2008

H. E. Mwai Kibaki, President and Commander-in-Chief Party of National Unity Coalition

Rt Hon. Raila Amolo Odinga, Prime Minister Orange Democratic Movement

@jahman.... i hear you brother, but the problem is its enforceability. what @b.timer says is what should prevail.. that is the two gentlemen should just resign, or be prevailed to resign. the MOU maneno will lead us nowhere, you and I and everyone else know that. kweli au rongo?

No wonder MK is in a big dilemma

Suspend DCJ for allegedly pinching a guard's nose while retaining his 'mboys' facing crimes against humanity charges

@Ngalaka, you are at your best sir!!!!