Njungé you say ''This isn't space science''. You are right. It is the law and,unlike space science,the law is an ass because what appears so clear in the sections you quote may not be so clear. I read the article by a lawyer with similiar views on business daily,and the thing about lawyers is that when arguing their point of view it looks so convincing until you hear the other side with an equally convincing point of view. That is why there are judges and the matter is now in court.

@Njung'e




I have also read the article in the Business Daily where you might have picked those provisions of the Interpretation and General Provisions Act(IGPA)from.



What the writer of the article has conveniently not addressed are the provisions in the First Schedule to the Anti-Corruption and Economic Crimes Act (ACECA):



The procedure for appointment of the Director and Assistant Directors is as follows:


'8. (1) The Commission shall have a Director Commission,who shall be the chief executive officer of the Commission and who shall be responsible for its direction and management.

(2) The Commission shall have up to four Assistant Directors to assist the Director.

(3) The Director and Assistant Directors shall be persons recommended by the Advisory Board and approved by the National Assembly for appointment to their respective positions.

(4) On the approval of a person by the National Assembly under subsection (3),the President shall appoint the person concerned to the office in respect of which the approval was given.'



That procedure for appointment is what is caught by Sections 51(1) and (2) of the IGPA.

These provisions of Section 51(1) and (2) of the IGPA do not however deal at all with the issue of re-appointment.


Re-appointment is dealt which in the First Schedule to the ACECA. Rule 3(2)of the First Schedule provides:


'3(2) A person who has held office as Director or Assistant Director may be reappointed,but may not serve as the Director for more than two terms or as an Assistant Director for more than two terms.'


To the extent that re-appointment is not dealt with in Section 8 of ACECA(where approval of Parliament is required),it means that the provisions of Sections 51(1) and 51(2)of the (IGPA) do not apply to a re-appointment.


It is a very fine legal point but you have to read all the relevant provisions together to grasp it. The writer in the Business Daily has miserably failed to do this.


Lastly,I am not supporting the re-appointment of Ringera - all am saying is that it is not ILLEGAL. That question is very different from that of whether Ringera is fit to continue as the Director.

Was being told by someone that he had been stalling to be paid his dues.
According to the contract he signed,if he leaves KACC before his term is over,he should be paid the equivalent of his full term salary. Thats 2.5M multiply by 12 months multiply by the number of term years remaining. Do the math yourself. Crazy figures.

@andycap

I thought the guy has not signed any other contract. The board was suposed to draw up another contract of which they refused so unless the guy is waiting for this month's salary. The 'big anouncement' is long overdue

It's official...the chap has left KACC.
Wonder what took him so long......

You know you are old when you wake up with a hangover and you didnt touch no drink the previous nite.