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Attorney General for Life!!
Wendz
#11 Posted : Thursday, May 13, 2010 8:01:22 AM
Rank: Elder

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

I think the current one has managed to encourage impunity because of our court systems... when the cases are taken to court, he has powers to stop proceedings etc or whatever lawyers call them and recall the file... i doubt he will be able to do that with an independent judiciary.... but i stand to be corrected.
muganda
#12 Posted : Thursday, May 13, 2010 8:36:21 AM
Rank: Elder

Joined: 9/15/2006
Posts: 3,907
smile @Mpenzi, you may find that when it says AG for life it's a problem, when it says AG can be dismissed by president it's a problem, and some say even the current setup (a tribunal) is still another problem.

Honestly, human beings are such emotional creatures. Many of us said YES or NO and then we begin reading the constitution (if we even do). Everything either affirms our assent, or confirms our rejection.


When I was a young man life was very black and white. As I've grown foolish with age, I've come to look with nostalgia on my convictions of days gone by. And I started by looking at where I fell short.

And I've come to realise that constitution making / dealing with people / is an art of compromise. So a strong YES proponent (MPs) or a strong NO proponent (church) can never produce a constitution. It's a difficult selfless job done by imperfect human beings.

mwenza
#13 Posted : Thursday, May 13, 2010 8:44:15 AM
Rank: Elder

Joined: 4/22/2009
Posts: 2,863
masukuma wrote:

jokingly speaking:
we would not have this abortion problem if we taught our daughters to say a firm NO and in the right tone.



And joking even further...........Who said married women don't procure abortions?
IF YOU EXPECT ME TO POST ANYTHING POSITIVE ABOUT ASENO, YOU MAY AS WELL SIT ON A PIN
masukuma
#14 Posted : Thursday, May 13, 2010 8:55:45 AM
Rank: Elder

Joined: 10/4/2006
Posts: 13,823
Location: Nairobi
@mwenza, they are someone's daughters. smile but its all jocular.
All Mushrooms are edible! Some Mushroom are only edible ONCE!
poundfoolish
#15 Posted : Thursday, May 13, 2010 9:37:31 AM
Rank: Elder

Joined: 12/2/2009
Posts: 2,458
Location: Nairobi
look at how people jumped into this one..
the AG model is very much borrowed from the Americans..

As much as he has a lifelong tenure, please not a new president can appoint a new AG, so if he decides to have a new Attoney general.. it is bye bye to the current occupier..
But he has to be approved by parliament, meaning their life long tenures are tied to the life of a presidency, parliaments will to accepts the presidents choice and lastly he's track record (if theirs nothing wrong with it dont fix it, case in point Obama retaining the secretary of defense)
Intelligentsia
#16 Posted : Thursday, May 13, 2010 10:19:32 AM
Rank: Elder

Joined: 10/1/2009
Posts: 2,436
Can you think of the AG's office without thinking of Amos S. Wako?
One unfortunate aspect is that we debate the offices (& their future) of constitutional office holders with the current office holder in mind, rather than with the Office - with its roles & responsibilities - in mind.
This is the problem of having one man too long at a particular post, so that in the public eye he/ she is synonymous with the office.

Amos huyo Wako can be for life but Amos Wangu should have a term limit, as indeed any other public servant.

BTW, Wako remains a good case study of the paradox of people who have very impressive cvs but this does not translate into an ability to execute the responsibilities of their Office as impressively.

masukuma
#17 Posted : Thursday, May 13, 2010 10:39:52 AM
Rank: Elder

Joined: 10/4/2006
Posts: 13,823
Location: Nairobi
@PundaFoolish, i beg to differ. unless you are reading the same draft i am reading. you are having what is called wishful thinking.

poundfoolish wrote:

As much as he has a lifelong tenure, please not a new president can appoint a new AG, so if he decides to have a new Attorney general.. it is bye bye to the current occupier..

where is this extracted from? you think this is how it should play out, but its not expressly stated. i foresee i crisis since the mchama cannot even resign.
poundfoolish wrote:

But he has to be approved by parliament, meaning their life long tenures are tied to the life of a presidency, parliament will to accepts the presidents choice.

this is incorrect, just because he is approved by a session of parliament like many other people does not imply that he is tied to the life of a presidency. once the dude/dudette is in...he stays in.
All Mushrooms are edible! Some Mushroom are only edible ONCE!
Mpenzi
#18 Posted : Thursday, May 13, 2010 11:15:45 AM
Rank: Veteran

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

As correctly pointed out by muganda above, the President can appoint (with parliamentary approval) and dismiss the AG - Article 132(2).

But I must quickly add that Article 132(2) is poorly/improperly drafted as it seems to suggest that the dismissal of the AG shall be in accordance with Article 156 yet Article 156 says nothing about dismissal!!
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