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Why do Mps practice law
Rollins
#1 Posted : Saturday, January 02, 2016 5:06:24 PM
Rank: Member

Joined: 3/23/2011
Posts: 503
Just got myself thinking. Why are Mps allowed to practice law while still in office?
Even a BrOKeN clock is right twice a day
marko
#2 Posted : Saturday, January 02, 2016 7:21:12 PM
Rank: Member

Joined: 1/7/2007
Posts: 838
Rollins wrote:
Just got myself thinking. Why are Mps allowed to practice law while still in office?


They shouldn't.
WHO DARES WINS
tycho
#3 Posted : Saturday, January 02, 2016 7:50:39 PM
Rank: Elder

Joined: 7/1/2011
Posts: 8,804
Location: Nairobi
marko wrote:
Rollins wrote:
Just got myself thinking. Why are Mps allowed to practice law while still in office?


They shouldn't.


Why shouldn't they?
Rollins
#4 Posted : Saturday, January 02, 2016 8:17:01 PM
Rank: Member

Joined: 3/23/2011
Posts: 503
tycho wrote:
marko wrote:
Rollins wrote:
Just got myself thinking. Why are Mps allowed to practice law while still in office?


They shouldn't.


Why shouldn't they?

Doesnt that amount to shortcharging constituents? Can a qualified teacher take up teaching jobs while still a serving Mp?
Even a BrOKeN clock is right twice a day
marko
#5 Posted : Sunday, January 03, 2016 10:27:29 AM
Rank: Member

Joined: 1/7/2007
Posts: 838
Rollins wrote:
tycho wrote:
marko wrote:
Rollins wrote:
Just got myself thinking. Why are Mps allowed to practice law while still in office?


They shouldn't.


Why shouldn't they?

Doesnt that amount to shortcharging constituents? Can a qualified teacher take up teaching jobs while still a serving Mp?

State officers should not engage in any other job.
WHO DARES WINS
tycho
#6 Posted : Sunday, January 03, 2016 12:25:46 PM
Rank: Elder

Joined: 7/1/2011
Posts: 8,804
Location: Nairobi
Rollins wrote:
tycho wrote:
marko wrote:
Rollins wrote:
Just got myself thinking. Why are Mps allowed to practice law while still in office?


They shouldn't.


Why shouldn't they?

Doesnt that amount to shortcharging constituents? Can a qualified teacher take up teaching jobs while still a serving Mp?


Quote:
(2) A person is disqualified from being elected a member of Parliament if the person--

(a) is a State officer or other public officer, other than a member of Parliament;
(b) has, at any time within the five years immediately preceding the date of election, held office as a member of the Independent Electoral and Boundaries Commission;
(c) has not been a citizen of Kenya for at least the ten years immediately preceding the date of election;
(d) is a member of a county assembly;
(e) is of unsound mind;
(f) is an undischarged bankrupt;
(g) is subject to a sentence of imprisonment of at least six months, as at the date of registration as a candidate, or at the date of election; or
(h) is found, in accordance with any law, to have misused or abused a State office or public office or in any way to have contravened Chapter Six.


If the teacher is a public officer then he/she must resign from the job in order to be an mp. But legal practice isn't always public service. So it's not against the law.

Now, perhaps you are making a new proposal. If so, then the reasons behind your proposal are not clear, though it may be possible to clarify them and come up with the necessary legislation. As for me, I see no problem with an Mp practicing law, if anything practicing may make a better legislator especially considering the role of the national assembly and the skills required.
Rollins
#7 Posted : Sunday, January 03, 2016 2:09:43 PM
Rank: Member

Joined: 3/23/2011
Posts: 503
tycho wrote:
Rollins wrote:
tycho wrote:
marko wrote:
[quote=Rollins]Just got myself thinking. Why are Mps allowed to practice law while still in office?


They shouldn't.


Why shouldn't they?

Doesnt that amount to shortcharging constituents? Can a qualified teacher take up teaching jobs while still a serving Mp?


Quote:
(2) A person is disqualified from being elected a member of Parliament if the person--

(a) is a State officer or other public officer, other than a member of Parliament;
(b) has, at any time within the five years immediately preceding the date of election, held office as a member of the Independent Electoral and Boundaries Commission;
(c) has not been a citizen of Kenya for at least the ten years immediately preceding the date of election;
(d) is a member of a county assembly;
(e) is of unsound mind;
(f) is an undischarged bankrupt;
(g) is subject to a sentence of imprisonment of at least six months, as at the date of registration as a candidate, or at the date of election; or
(h) is found, in accordance with any law, to have misused or abused a State office or public office or in any way to have contravened Chapter Six.


If the teacher is a public officer then he/she must resign from the job in order to be an mp. But legal practice isn't always public service. So it's not against the law.

Now, perhaps you are making a new proposal. If so, then the reasons behind your proposal are not clear, though it may be possible to clarify them and come up with the necessary legislation. As for me, I see no problem with an Mp practicing law, if anything practicing may make a better legislator especially considering the role of the national assembly and the skills required.[/quote

Its still not clear where the line is cut. It appears you can fully engage in any other private business; Medical, Engineering, Accounting, Welding, teaching etc as long as they are not perfomed within a public office...
Even a BrOKeN clock is right twice a day
tycho
#8 Posted : Sunday, January 03, 2016 7:56:32 PM
Rank: Elder

Joined: 7/1/2011
Posts: 8,804
Location: Nairobi
Rollins wrote:
tycho wrote:
Rollins wrote:
tycho wrote:
marko wrote:
[quote=Rollins]Just got myself thinking. Why are Mps allowed to practice law while still in office?


They shouldn't.


Why shouldn't they?

Doesnt that amount to shortcharging constituents? Can a qualified teacher take up teaching jobs while still a serving Mp?


Quote:
(2) A person is disqualified from being elected a member of Parliament if the person--

(a) is a State officer or other public officer, other than a member of Parliament;
(b) has, at any time within the five years immediately preceding the date of election, held office as a member of the Independent Electoral and Boundaries Commission;
(c) has not been a citizen of Kenya for at least the ten years immediately preceding the date of election;
(d) is a member of a county assembly;
(e) is of unsound mind;
(f) is an undischarged bankrupt;
(g) is subject to a sentence of imprisonment of at least six months, as at the date of registration as a candidate, or at the date of election; or
(h) is found, in accordance with any law, to have misused or abused a State office or public office or in any way to have contravened Chapter Six.


If the teacher is a public officer then he/she must resign from the job in order to be an mp. But legal practice isn't always public service. So it's not against the law.

Now, perhaps you are making a new proposal. If so, then the reasons behind your proposal are not clear, though it may be possible to clarify them and come up with the necessary legislation. As for me, I see no problem with an Mp practicing law, if anything practicing may make a better legislator especially considering the role of the national assembly and the skills required.[/quote

Its still not clear where the line is cut. It appears you can fully engage in any other private business; Medical, Engineering, Accounting, Welding, teaching etc as long as they are not perfomed within a public office...


Maybe we should ask why there's a constraint regarding the holding of public office and if the same reason(s) would apply in relation to private enterprise.
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