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Can MPs actually overrule SRC
Rank: Elder Joined: 12/9/2009 Posts: 6,592 Location: Nairobi
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They cannot remove SRC but they can get rid of Serem. I think all they need is a majority vote, not even 2/3 (I think).
BBI will solve it :)
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Rank: Elder Joined: 6/17/2008 Posts: 23,365 Location: Nairobi
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Ni kufyam!!!! ..."Wewe ni mtu mdogo sana....na mwenye amekuandika pia ni mtu mdogo sana!".
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Rank: Member Joined: 8/10/2008 Posts: 480
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masukuma wrote:can't someone rush to the supreme court and file a case to nullify whatever act it is that purports to restore their salary? since that very act is contrary to the Constitution that states that only the SRC can set salaries of public servants. There are already two cases before the HC on the same. LSK will be filing a third one later today. Case 1Case 2On getting rid of Heroine Serem, its not an easy matter: Katiba
Removal from office.
251. (1) A member of a commission (other than an ex officio member), or the holder of an independent office, may be removed from office only for—
(a) serious violation of this Constitution or any other law, including a contravention of Chapter Six;
(b) gross misconduct, whether in the performance of the member’s or office holder’s functions or otherwise;
(c) physical or mental incapacity to perform the functions of office;
(d) incompetence; or
(e) bankruptcy.
(2) A person desiring the removal of a member of a commission or of a holder of an independent office on any ground specified in clause (1) may present a petition to the National Assembly setting out the alleged facts constituting that ground.
(3) The National Assembly shall consider the petition and, if it is satisfied that it discloses a ground under clause (1), shall send the petition to the President.
(4) On receiving a petition under clause (3), the President—
(a) may suspend the member or office holder pending the outcome of the complaint; and
(b) shall appoint a tribunal in accordance with clause (5).
(5) The tribunal shall consist of—
(a) a person who holds or has held office as a judge of a superior court, who shall be the chairperson;
(b) at least two persons who are qualified to be appointed as High Court judges; and
(c) one other member who is qualified to assess the facts in respect of the particular ground for removal.
(6) The tribunal shall investigate the matter expeditiously, report on the facts and make a binding recommendation to the President, who shall act in accordance with the recommendation within thirty days.
(7) A person suspended under this Article is entitled to continue to receive one-half of the remuneration and benefits of the office while suspended.The only role the NA has in removing Serem is to send a petition to the president. It is the appointed tribunal which will be tasked in finding out if she has acted unconstitutionally or not, a role that the MPigs are now usurping.
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Rank: Elder Joined: 4/22/2010 Posts: 11,522 Location: Nairobi
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2012 wrote:They cannot remove SRC but they can get rid of Serem. I think all they need is a majority vote, not even 2/3 (I think). and she is issuing a statement at 11 possunt quia posse videntur
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Rank: Veteran Joined: 3/26/2012 Posts: 1,182
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@Shotgun, That is comforting.
How about we the constituents start threating the Mpigs with recall petitions if they carry on with their demands?
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Rank: Member Joined: 8/10/2008 Posts: 480
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mkeiyd wrote:@Shotgun, That is comforting.
How about we the constituents start threating the Mpigs with recall petitions if they carry on with their demands? Sadly, we can only recall them after 24 months (from 4th March 2015) and they made the process so tedious these politicians. So self serving. Elections ActPart IV—reCall of member of ParlIament
45. (1) The electorate in a county or constituency may recall their
member of Parliament before the end of the term of the relevant House
of Parliament on any of the grounds specified in subsection (2).
(2) A member of Parliament may be recalled where the member—
(a) is found, after due process of the law, to have violated the
provisions of Chapter Six of the Constitution;
(b) is found, after due process of the law, to have mismanaged
public resources;
(c) is convicted of an offence under this Act.
(3) A recall of a member of Parliament under subsection (1)
shall only be initiated upon a judgement or finding by the High Court
confirming the grounds specified in subsection (2).
(4) A recall under subsection (1) shall only be initiated twentyfour months after the election of the member of Parliament and not later
than twelve months immediately preceding the next general election.
(5) A recall petition shall not be filed against a member of Parliament more than once during the term of that member in Parliament.
(6) A person who unsuccessfully contested an election under this Act shall not be eligible, directly or indirectly, to initiate a petition
under this section.Source
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Rank: Veteran Joined: 7/5/2010 Posts: 2,061 Location: Nairobi
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Rank: Elder Joined: 4/22/2010 Posts: 11,522 Location: Nairobi
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what you guys dont realise they will hold the country ransom and who will suffer you and me as usual...just wait and see... possunt quia posse videntur
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Rank: Elder Joined: 10/4/2006 Posts: 13,823 Location: Nairobi
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maka wrote:masukuma wrote:can't someone rush to the supreme court and file a case to nullify whatever act it is that purports to restore their salary? since that very act is contrary to the Constitution that states that only the SRC can set salaries of public servants. the supreme court is for other things... supreme court is for constitutional interpretation. All Mushrooms are edible! Some Mushroom are only edible ONCE!
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Rank: Elder Joined: 6/19/2008 Posts: 4,268
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maka wrote:what you guys dont realise they will hold the country ransom and who will suffer you and me as usual...just wait and see... Seriously? If they do that, then they can start packing their bags because they wont be members of our community.... Now, we'll ship them to utopia and elect new members who, if they behave the same, we'll do the same until we have people who've got a head on their shoulders.... i really hope no one is backing down for these mpigs! Now this is where we need the makau's crystal balls! Watu mia tatu tu wafanye 40+m people masuffers? We'll be idiots to allow that crap!
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