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High court ruling clarification
Ngalaka
#1 Posted : Wednesday, January 18, 2012 9:00:52 PM
Rank: Veteran


Joined: 10/29/2008
Posts: 1,566
Two scenarios were put forth for determining the date of next elections;

1)Upon the expiry of the term of current parliament,(the eve of its 5th anniversary) allow not more than 60days.

2)Dissolution of coalition Govt by mutual agreement between the two heads of each wing.


What remains unclear (at least to me) is what would happen if one of the heads, chose to unilateraly withdraw from the coalition.
Does such an action have the same effect as a mutually agreed dissolution!



Isuni yilu yi maa me muyo - ni Mbisuu
Kusadikika
#2 Posted : Thursday, January 19, 2012 1:17:12 AM
Rank: Elder


Joined: 7/22/2008
Posts: 2,718
@Ngalaka,
I don't think this judgement addressed that but if my memory serves me right when the coalition accord was drafted unilateral withdrawal was one of the ways in which the coalition would collapse. Now what I don't know is whether that means parliament would be automatically dissolved.

This is also a potential minefield because the decision to withdraw would have to be made by the party's highest decision making organ. So if the NEC of ODM sat today and decided to withdraw from the coalition then the coalition is no more. The NEC in theory could act without the party heads. It may be unthinkable in ODM but just imagine this. Can George Saitoti as the PNU chairman organise a National Executive Council meeting that resolves to withdraw from the coalition? So what happens then? I am writing this from a position of incomplete or faulty knowledge. Can somebody who knows better explain. Is this a possibility.
Lucid_Iam
#3 Posted : Thursday, January 19, 2012 8:32:30 AM
Rank: Member


Joined: 9/30/2011
Posts: 483
Kusadikika wrote:
@Ngalaka,
I don't think this judgement addressed that but if my memory serves me right when the coalition accord was drafted unilateral withdrawal was one of the ways in which the coalition would NOT collapse. Now what I don't know is whether that means parliament would be automatically dissolved.

Kihangeri
#4 Posted : Thursday, January 19, 2012 8:53:13 AM
Rank: User


Joined: 11/10/2010
Posts: 550
Location: Junction
Kusadikika wrote:
@Ngalaka,
I don't think this judgement addressed that but if my memory serves me right when the coalition accord was drafted unilateral withdrawal was one of the ways in which the coalition would collapse. Now what I don't know is whether that means parliament would be automatically dissolved.

This is also a potential minefield because the decision to withdraw would have to be made by the party's highest decision making organ. So if the NEC of ODM sat today and decided to withdraw from the coalition then the coalition is no more. The NEC in theory could act without the party heads. It may be unthinkable in ODM but just imagine this. Can George Saitoti as the PNU chairman organise a National Executive Council meeting that resolves to withdraw from the coalition? So what happens then? I am writing this from a position of incomplete or faulty knowledge. Can somebody who knows better explain. Is this a possibility.


That is why I have always said the Coalition government was the worst mistake to befall the country and continent as a whole. We should have been allowed a year or so on the battle front to sort out our differences using the matchet and arrows. After that, we would have become better than Rwanda.
By inference, the man is all that Mr Phantom is not: an untrustworthy radical, divisive, too many enemies, a dictator, and a persistent liar...
Gaitho dialogues.


kingfisher
#5 Posted : Thursday, January 19, 2012 8:58:48 AM
Rank: Elder


Joined: 4/9/2008
Posts: 2,824
Kusadikika wrote:
@Ngalaka,
I don't think this judgement addressed that but if my memory serves me right when the coalition accord was drafted unilateral withdrawal was one of the ways in which the coalition would collapse. Now what I don't know is whether that means parliament would be automatically dissolved.

This is also a potential minefield because the decision to withdraw would have to be made by the party's highest decision making organ. So if the NEC of ODM sat today and decided to withdraw from the coalition then the coalition is no more. The NEC in theory could act without the party heads. It may be unthinkable in ODM but just imagine this. Can George Saitoti as the PNU chairman organise a National Executive Council meeting that resolves to withdraw from the coalition? So what happens then? I am writing this from a position of incomplete or faulty knowledge. Can somebody who knows better explain. Is this a possibility.


@kusadikika

If red happens, baks continue ruling as if nothing as happened with of course a lot of makelele. orange corner knows that, so they wont try it.

The blue will never happen! watoke wakwende wapi? they were in government before the orange partners came in (dont throw stones at me) so they believe it is still their sirikal and the other group are imposters. ask mutahi ngunyi
When I have money, I get rid of it quickly, lest it find a way into my heart.
Ngalaka
#6 Posted : Sunday, January 22, 2012 5:32:37 PM
Rank: Veteran


Joined: 10/29/2008
Posts: 1,566

Before the enactment of the new constitution, If Raila walked out of the Coalition, Preident Kibaki was free to continue governing unabated.

With the new constitution in place things arent the same anymore.

Again even when the two agree to dissolve the coalition, how does that action extend to dissolving Parliament!!

Someone bring me to light.
Isuni yilu yi maa me muyo - ni Mbisuu
Ngalaka
#7 Posted : Friday, January 27, 2012 5:05:57 PM
Rank: Veteran


Joined: 10/29/2008
Posts: 1,566
Ngalaka wrote:

Before the enactment of the new constitution, If Raila walked out of the Coalition, Preident Kibaki was free to continue governing unabated.

With the new constitution in place things arent the same anymore.

Again even when the two agree to dissolve the coalition, how does that action extend to dissolving Parliament!!

Someone bring me to light.


With the heightened political environment that is prevailing currently, more than ever before the question of what would entail a situation of ODM walking out of the Coalition.
Isuni yilu yi maa me muyo - ni Mbisuu
Elder
#8 Posted : Saturday, January 28, 2012 1:52:21 PM
Rank: Elder


Joined: 9/7/2010
Posts: 2,148
Location: elderville
Kihangeri wrote:
Kusadikika wrote:
@Ngalaka,
I don't think this judgement addressed that but if my memory serves me right when the coalition accord was drafted unilateral withdrawal was one of the ways in which the coalition would collapse. Now what I don't know is whether that means parliament would be automatically dissolved.

This is also a potential minefield because the decision to withdraw would have to be made by the party's highest decision making organ. So if the NEC of ODM sat today and decided to withdraw from the coalition then the coalition is no more. The NEC in theory could act without the party heads. It may be unthinkable in ODM but just imagine this. Can George Saitoti as the PNU chairman organise a National Executive Council meeting that resolves to withdraw from the coalition? So what happens then? I am writing this from a position of incomplete or faulty knowledge. Can somebody who knows better explain. Is this a possibility.


That is why I have always said the Coalition government was the worst mistake to befall the country and continent as a whole. We should have been allowed a year or so on the battle front to sort out our differences using the matchet and arrows. After that, we would have become better than Rwanda.

You are either letting your political biasness cloud your mind or you are plain out amoral. So because you do not like the collision government you would have preferred more Kenyans to die for a year or so? Pretty sure you would not have volunteered your live or that of your love ones to be snuffed out for this great Kenya which, according to you, would have been better than Rwanda.

Real people lost their lives for stupid reasons, real people lost their loved ones, and here you are wishing that the killing should have continue for a year or so!

Bure Kabisa!
He who can express in words the ardour of his love, has but little love to express. - Petrach, Son. (That men by various ways arrive at the same end. - Montaigne, The Essays of.)
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