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Mumo Matemu nominated as anti graft boss
mawinder
#41 Posted : Friday, September 21, 2012 9:11:12 PM
Rank: Elder


Joined: 4/30/2008
Posts: 6,029
I still insist that the Matemu case is in no way related to wr,uk contesting for the presidency.If you read and understand article 73(2a) and note the word OR,remember Matemu was being appointed not elected.other articles are 38,50(2),99(3),137,etc
alikujia
#42 Posted : Friday, September 21, 2012 9:41:18 PM
Rank: Member


Joined: 5/27/2010
Posts: 324
Location: nrb
so what if the people elect WR,UK etc then the courts find them not being proper to hold public office - just like mumo appointed by "legitimate" process which was aware of/but ignored allegations. then court says they should not have ignored the allegations.

Can the courts also find the IEBC to have wrongfully allowed those with allegations to stand, and an incompetent (or is it ignorant) electorate going ahead to choose them?.
mawinder
#43 Posted : Friday, September 21, 2012 9:44:55 PM
Rank: Elder


Joined: 4/30/2008
Posts: 6,029
If you look at the dates when the Hague trials begin,you notice that during the run off some candidates will be in the Hague throwing Kenya into a constitutional crisis because katiba is clear on the 50%+1 rule.
mawinder
#44 Posted : Friday, September 21, 2012 9:54:37 PM
Rank: Elder


Joined: 4/30/2008
Posts: 6,029
alikujia wrote:
so what if the people elect WR,UK etc then the courts find them not being proper to hold public office - just like mumo appointed by "legitimate" process which was aware of/but ignored allegations. then court says they should not have ignored the allegations.

Can the courts also find the IEBC to have wrongfully allowed those with allegations to stand, and an incompetent (or is it ignorant) electorate going ahead to choose them?.

the courts have no such powers.remember the sovereign power is with the people.so if the people elect neto, pattni,wr,kamenchu or uk in free and fair elections,the courts cannot go against the will of the people
maka
#45 Posted : Friday, September 21, 2012 10:49:55 PM
Rank: Elder


Joined: 4/22/2010
Posts: 11,522
Location: Nairobi
Why would UK and WSR be banned from running? Which crime have they been convicted of again? That was the mischief intended to be defeated by the inclusion of Chapter 6 in the Constitution. Interpretation of Statutes is a matter of reading pertinent clauses in their totality and not in isolation. As for OAR the test is to whether Chapter 6's retrospectivity can be subjectively applied in his case.
possunt quia posse videntur
murchr
#46 Posted : Friday, September 21, 2012 11:17:11 PM
Rank: Elder


Joined: 2/26/2012
Posts: 15,980
maka wrote:
Why would UK and WSR be banned from running? Which crime have they been convicted of again? That was the mischief intended to be defeated by the inclusion of Chapter 6 in the Constitution. Interpretation of Statutes is a matter of reading pertinent clauses in their totality and not in isolation. As for OAR the test is to whether Chapter 6's retrospectivity can be subjectively applied in his case.


None...just like Matemo. This thing called integrity will really get murky in the coming days.
"There are only two emotions in the market, hope & fear. The problem is you hope when you should fear & fear when you should hope: - Jesse Livermore
.
maka
#47 Posted : Friday, September 21, 2012 11:23:35 PM
Rank: Elder


Joined: 4/22/2010
Posts: 11,522
Location: Nairobi
alikujia wrote:
so what if the people elect WR,UK etc then the courts find them not being proper to hold public office - just like mumo appointed by "legitimate" process which was aware of/but ignored allegations. then court says they should not have ignored the allegations.

Can the courts also find the IEBC to have wrongfully allowed those with allegations to stand, and an incompetent (or is it ignorant) electorate going ahead to choose them?.

...The sovereign will of the people is manifested through the ballot as is envisaged in the Constitution but remember even the same Constitution provides that an elected leader can (and in this case the President) be removed. The President is not a demi god. The national aspirations in the Preamble and the national goals and values in the Constitution form the framework upon which the President can continue to lead the Country. Chapter 9 is a demonstration of the adage that executive authority comes from the people and it MUST be exercised in accordance with this Constitution. Therefore if UK and WSR are convicted by the Hague while either of them are in elective positions this would be contrary to Chapter 6 and they can and will be removed from office as provided by the Constitution. We now have a vibrant judiciary after all that is minded towards upholding the Constitution.
possunt quia posse videntur
maka
#48 Posted : Friday, September 21, 2012 11:52:37 PM
Rank: Elder


Joined: 4/22/2010
Posts: 11,522
Location: Nairobi
murchr wrote:
maka wrote:
Why would UK and WSR be banned from running? Which crime have they been convicted of again? That was the mischief intended to be defeated by the inclusion of Chapter 6 in the Constitution. Interpretation of Statutes is a matter of reading pertinent clauses in their totality and not in isolation. As for OAR the test is to whether Chapter 6's retrospectivity can be subjectively applied in his case.


None...just like Matemo. This thing called integrity will really get murky in the coming days.

@murchr mbona unaniangusha hivyo?If u look at my earlier riposte I said this: Nabutola cant be allowed to stand since she has been found guilty by a competent court of law; UK/WSR can run because they havent bn found guilty by any Court; Matemu cant hold public office because he's been found unfit to hold public office by a Court of Law. I had said earlier that despite the requirement of objectivity Courts will lean towards subjectivity in their analysis of whether someone is fit to hold office. One bench may have found him fit and another may have held another way but once a decision was made then he was disqualified from holding public office as he fell short of the requiments of Art. 73. The 3 organs: Executive, Legislature & Judiciary are each supposed to act as a check and balance on excesses. The exececutive & Legislative proposed &approved him. The Judiciary disagreed in its capacity as the ultimate custodian of the Constution.
possunt quia posse videntur
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