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Attorney General for Life!!
Mpenzi
#1 Posted : Thursday, May 13, 2010 5:00:15 AM
Rank: Veteran

Joined: 10/17/2008
Posts: 1,234
The Draft Constitution creates an attorney general who may hold onto the post till he or she drops dead!! See Article 156. I stand corrected.
Sigiriri
#2 Posted : Thursday, May 13, 2010 5:55:01 AM
Rank: Member

Joined: 6/26/2008
Posts: 319
I maintain - let's vote NO until we have a better, trustworthy leadership - then we can do a constitution that is for the led, not for the leaders only!

Let's concentrate on voting in decent men and women come 2012 - that for me remains priority - hizi katiba we dont even know which one we will vote for anyway - for me a firm NO does it for now.
Wendz
#3 Posted : Thursday, May 13, 2010 6:15:20 AM
Rank: Elder

Joined: 6/19/2008
Posts: 4,268
@sigiriri

how will you ensure that we vote trustworthy leaders when the current constitution gives room for the rigging, violence, bribing, buying of votes during the election? And with the majority of kenyan voters being in rural areas where they rely on what their 'mheshimiwa'says? I doubt we are going to get those trustworthy leaders without a law that will ensure only the clean vie for the electoral seats which the proposed constitution will ensure. these others are way too minor to hold this country at the state where we are in..... the rights we have as kenyans in the proposed constitution is good and with an independent judiciary and reforms with the police, seriously....... who cares about attorney general... Wako has been there since i can remember and that hasnt been part of the many problems that we have been having....
bkismat
#4 Posted : Thursday, May 13, 2010 6:52:46 AM
Rank: Elder

Joined: 10/23/2009
Posts: 2,375
the AG is very slimy.
It is better to keep your mouth closed and let people think you are a fool than to open it and remove all doubt...
-Mark Twain
masukuma
#5 Posted : Thursday, May 13, 2010 7:01:59 AM
Rank: Elder

Joined: 10/4/2006
Posts: 13,823
Location: Nairobi
its not only the AG, several offices have been left 'hanging' with no tenure or means of exit. even principal secretaries cannot be expelled. they can only resign.
All Mushrooms are edible! Some Mushroom are only edible ONCE!
Mpenzi
#6 Posted : Thursday, May 13, 2010 7:26:28 AM
Rank: Veteran

Joined: 10/17/2008
Posts: 1,234
@Wendz!! You really want an AG for life knowing fully well that the current one has allowed impunity in relation to corruption and other vices for so long?
muganda
#7 Posted : Thursday, May 13, 2010 7:30:38 AM
Rank: Elder

Joined: 9/15/2006
Posts: 3,907
Hmmmn, @Mpenzi interesting observation. On comparing with current constitution where dismissing the Attorney-General is such a hustle (tribunal and all), it seems the new one allows president to appoint and dismiss as he deems fit.

The office of the Deputy of Public Prosecutions is the one given an 8 year security of tenure. So ideally and AG could be gone in 1 year.


Functions of the President
132 (2) The President shall nominate and, with the approval of the National Assembly, appoint, and may dismiss
(a) the Cabinet Secretaries, in accordance with Article 152;
(b) the Attorney-General, in accordance with Article 156;
(c) the Secretary to the Cabinet in accordance with Article 154;
(d) Principal Secretaries in accordance with Article 155;
(e) high commissioners, ambassadors and diplomatic and consular
representatives; and
(f) in accordance with this Constitution, any other State or public officer whom this Constitution requires or empowers the President to appoint or dismiss.

masukuma
#8 Posted : Thursday, May 13, 2010 7:31:35 AM
Rank: Elder

Joined: 10/4/2006
Posts: 13,823
Location: Nairobi
@Mpenzi, its a really bad mentality to say YES to everything. Very Bad, i think it shows character to say a FIRM and PEACEFUL NO!
jokingly speaking:
we would not have this abortion problem if we taught our daughters to say a firm NO and in the right tone.
All Mushrooms are edible! Some Mushroom are only edible ONCE!
masukuma
#9 Posted : Thursday, May 13, 2010 7:39:43 AM
Rank: Elder

Joined: 10/4/2006
Posts: 13,823
Location: Nairobi
@muganda, what you say is half true. he can hire and fire as he deems fit in accordance with 156. the issue is the reference to 156 which should state that he can be fired in case of misconduct or something else or he can resign but is very silent on this compared to the other offices listed there. it does not even open up a leeway for parliament.
All Mushrooms are edible! Some Mushroom are only edible ONCE!
Mpenzi
#10 Posted : Thursday, May 13, 2010 7:39:55 AM
Rank: Veteran

Joined: 10/17/2008
Posts: 1,234
@muganda

Thanks for pointing out Article 132(2). It seems the intention is to remove the security of tenure (subject to removal through investigations by a tribunal) that the AG enjoys under the current Constitution. But do we want to have an AG whose tenure is so tenuous that he or she becomes amenable to political manipulation?

Just to be clear, I would wish to see an AG who is not on the job for life but at the same time whose dismissal is not done at the whim of the President.
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