Wazua
»
Club SK
»
Politics
»
Justice Phillip Dollars Tunoi
Rank: Elder Joined: 7/1/2011 Posts: 8,804 Location: Nairobi
|
Angelica _ann wrote:harrydre wrote:washiku wrote:The constitution says the President "SHALL" appoint...within 14days. No exception...
The President argues the guy 'is not a judge' because as per the prevailing ruling, he ought to have retired.
He says we "wait" for the Court of Appeal ruling, which is under a different "Independent" body...There are no timelines as at when they shall make that ruling, since they are independent, they shall as well go on for a few years
Assuming, they make the ruling and decides Tunoi, should have retired a long time ago, Tunoi has a right to appeal at Supreme Court. At this point, again, the president will argue the Judge is retired hence he can't appoint a tribunal.
If the Appeal court rules that he can stay, the President may at that point decide he can appoint the Tribunal. HOWEVER, the very first part of 14 days lingers in mind.
The grounds for removal of a president are clear, one being GROSS violation of the constitution. Isn't this a violation?
The legal things are funny if not silly. The timing the timing! 1)2017 2)Kidero 2)Kaleo votes hii hata pamba atanyamaza kimya! The sad state of our politics. So fighting corruption now depends on timing, isorite  Everything depends on timing. Forces must be balanced, evil embraced for the sake of good.
|
|
|
Rank: Elder Joined: 7/22/2008 Posts: 2,723
|
This is bullshit. President Uhuru Kenyatta please stop playing games with us. In your own words, "This constitution ti ya nyukwa" (This constitution si ya mama yako). If in your opinion the judge is already retired why have you not appointed another judge to replace him? Does the fact that he has another court case pending mean that he is immune? If he pinches someones nose tomorrow or God forbid he murders someone are you still going to wait until the Court of Appeal rules because you do not want to create a constitutional crisis. Please Mr. President, don't go down that path. It is a slippery slope when you interpret the constitution to suit your needs.
|
|
|
Rank: Elder Joined: 7/10/2008 Posts: 9,131 Location: Kanjo
|
tycho wrote:Angelica _ann wrote:harrydre wrote:washiku wrote:The constitution says the President "SHALL" appoint...within 14days. No exception...
The President argues the guy 'is not a judge' because as per the prevailing ruling, he ought to have retired.
He says we "wait" for the Court of Appeal ruling, which is under a different "Independent" body...There are no timelines as at when they shall make that ruling, since they are independent, they shall as well go on for a few years
Assuming, they make the ruling and decides Tunoi, should have retired a long time ago, Tunoi has a right to appeal at Supreme Court. At this point, again, the president will argue the Judge is retired hence he can't appoint a tribunal.
If the Appeal court rules that he can stay, the President may at that point decide he can appoint the Tribunal. HOWEVER, the very first part of 14 days lingers in mind.
The grounds for removal of a president are clear, one being GROSS violation of the constitution. Isn't this a violation?
The legal things are funny if not silly. The timing the timing! 1)2017 2)Kidero 2)Kaleo votes hii hata pamba atanyamaza kimya! The sad state of our politics. So fighting corruption now depends on timing, isorite Everything depends on timing. Forces must be balanced, evil embraced for the sake of good. 1. Appeals court will rule Tonui should have retired. 2. Tonui will accept the ruling and walk with his package. 3. UK will argue, he can't form a tribunal on a retired judge (politically safe) 4. He will be pursued as a civilian..EACC as usual will clear him. Kidero will have done the ground work. i.am.back!!!!
|
|
|
Rank: Elder Joined: 7/10/2008 Posts: 9,131 Location: Kanjo
|
Kusadikika wrote:This is bullshit. President Uhuru Kenyatta please stop playing games with us. In your own words, "This constitution ti ya nyukwa" (This constitution si ya mama yako). If in your opinion the judge is already retired why have you not appointed another judge to replace him? Does the fact that he has another court case pending mean that he is immune? If he pinches someones nose tomorrow or God forbid he murders someone are you still going to wait until the Court of Appeal rules because you do not want to create a constitutional crisis. Please Mr. President, don't go down that path. It is a slippery slope when you interpret the constitution to suit your needs. Tonui is only working courtesy of a court order. Blame the courts for not determining this case timely. i.am.back!!!!
|
|
|
Rank: Veteran Joined: 10/29/2008 Posts: 1,566
|
The principal legal advisor the the Govt is the AG. The AG sat in the JSC committee that recommended to the wider JSC that Tunoi be put through a tribunal. In both the smaller committee and the main JSC press briefings, the AG was in prominence attendance. This can only mean that the AG has correctly advised the Govt. Why a contrary position has been taken by his client in blantant disregard to his advice is not only telling but a pointer to the confidence (or lack thereof) he enjoys with his Boss. All in all we are getting what we bargained for! Remember ICC and 2013 general! We moved on. Isuni yilu yi maa me muyo - ni Mbisuu
|
|
|
Rank: User Joined: 8/15/2013 Posts: 13,237 Location: Vacuum
|
I have said time and again, read it's our time to eat to understand how government is never serious. Comedy continues If Obiero did it, Who Am I?
|
|
|
Rank: Member Joined: 1/27/2012 Posts: 851 Location: Nairobi
|
harrydre wrote:washiku wrote:The constitution says the President "SHALL" appoint...within 14days. No exception...
The President argues the guy 'is not a judge' because as per the prevailing ruling, he ought to have retired.
He says we "wait" for the Court of Appeal ruling, which is under a different "Independent" body...There are no timelines as at when they shall make that ruling, since they are independent, they shall as well go on for a few years
Assuming, they make the ruling and decides Tunoi, should have retired a long time ago, Tunoi has a right to appeal at Supreme Court. At this point, again, the president will argue the Judge is retired hence he can't appoint a tribunal.
If the Appeal court rules that he can stay, the President may at that point decide he can appoint the Tribunal. HOWEVER, the very first part of 14 days lingers in mind.
The grounds for removal of a president are clear, one being GROSS violation of the constitution. Isn't this a violation?
The legal things are funny if not silly. The timing the timing! 1)2017 2)Kidero 2)Kaleo votes hii hata pamba atanyamaza kimya! The sad state of our politics. @harry,  Some correction please. It is the sad state of your SYCOPHANCY!
|
|
|
Rank: Elder Joined: 11/5/2010 Posts: 2,459
|
My barber thinks Tunoi has something big on UMK. How big ? I asked him. "Really big like nude photos which he is using to blackmail the president".
"It all makes sense now" I replied.
|
|
|
Rank: Elder Joined: 12/7/2012 Posts: 11,941
|
harrydre wrote:Kusadikika wrote:This is bullshit. President Uhuru Kenyatta please stop playing games with us. In your own words, "This constitution ti ya nyukwa" (This constitution si ya mama yako). If in your opinion the judge is already retired why have you not appointed another judge to replace him? Does the fact that he has another court case pending mean that he is immune? If he pinches someones nose tomorrow or God forbid he murders someone are you still going to wait until the Court of Appeal rules because you do not want to create a constitutional crisis. Please Mr. President, don't go down that path. It is a slippery slope when you interpret the constitution to suit your needs. Tonui is only working courtesy of a court order. Blame the courts for not determining this case timely. Currently is Tonui a judge, if yes then the presidency erred in their move!!! In the business world, everyone is paid in two coins - cash and experience. Take the experience first; the cash will come later - H Geneen
|
|
|
Rank: User Joined: 8/15/2013 Posts: 13,237 Location: Vacuum
|
FRM2011 wrote:My barber thinks Tunoi has something big on UMK. How big ? I asked him. "Really big like nude photos which he is using to blackmail the president".
"It all makes sense now" I replied.
 If Obiero did it, Who Am I?
|
|
|
Wazua
»
Club SK
»
Politics
»
Justice Phillip Dollars Tunoi
Forum Jump
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.
|