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Constitutional scholars where you at?
Rank: Elder Joined: 2/26/2012 Posts: 15,980
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Dahatre wrote:limanika wrote:Dahatre wrote:limanika wrote:If Parliament forms a judicial commission of inquiry to find out where the mess was (purely in public interest, since spending an extra 10b is no small matter), nobody should sit pretty. Even the majority Is this in the works? I've heard some mention in media, can't remember exaçtly. But I think everyone right now concentrating their energies on fresh election I assume this would happen after a new government is in place, which cannot happen too soon imho. My constitutional amendments wish list: 1) Mandated recounting of votes before a new election is ordered. 2) A limit on how many election annulments/contestations can happen. The Commissions of Inquiry Act 2012 gives the President a wide mandate to investigate any matter he deems fit. Section 3(1) reads: “The President, whenever he considers it advisable so to do, may issue a commission under this Act appointing a commissioner or commissioners and authorising him or them, or any specified quorum of them, to inquire into the conduct of any public officer or the conduct or management of any public body, or into any matter into which an inquiry would, in the opinion of the President, be in the public interest.” "There are only two emotions in the market, hope & fear. The problem is you hope when you should fear & fear when you should hope: - Jesse Livermore
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Rank: Elder Joined: 12/6/2008 Posts: 3,568
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Lol,  When the three arms of garment are in any kind of conflict, the President, through Parliament, can appoint a commission of inquiry to resolve the dispute, ONLY the President through Parliament has this special powers, they are the "special powers" of a President in Kenya Ras Kienyeji Man
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Rank: Elder Joined: 2/26/2012 Posts: 15,980
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Much Know wrote:Lol, When the three arms of garment are in any kind of conflict, the President, through Parliament, can appoint a commission of inquiry to resolve the dispute, ONLY the President through Parliament has this special powers, they are the "special powers" of a President in Kenya Quote:3. Issue of commissions of inquiry
(1) The President, whenever he considers it advisable so to do, may issue a commission under this Act appointing a commissioner or commissioners and authorizing him or them, or any specified quorum of them, to inquire into the conduct of any public officer or the conduct or management of any public body, or into any matter into which an inquiry would, in the opinion of the President, be in the public interest. "There are only two emotions in the market, hope & fear. The problem is you hope when you should fear & fear when you should hope: - Jesse Livermore
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Rank: Elder Joined: 12/6/2008 Posts: 3,568
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murchr wrote:Much Know wrote:Lol, When the three arms of garment are in any kind of conflict, the President, through Parliament, can appoint a commission of inquiry to resolve the dispute, ONLY the President through Parliament has this special powers, they are the "special powers" of a President in Kenya Quote:3. Issue of commissions of inquiry
(1) The President, whenever he considers it advisable so to do, may issue a commission under this Act appointing a commissioner or commissioners and authorizing him or them, or any specified quorum of them, to inquire into the conduct of any public officer or the conduct or management of any public body, or into any matter into which an inquiry would, in the opinion of the President, be in the public interest. Kweli kabisa! Ras Kienyeji Man
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Rank: Member Joined: 12/21/2009 Posts: 602
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murchr wrote:Dahatre wrote:limanika wrote:Dahatre wrote:limanika wrote:If Parliament forms a judicial commission of inquiry to find out where the mess was (purely in public interest, since spending an extra 10b is no small matter), nobody should sit pretty. Even the majority Is this in the works? I've heard some mention in media, can't remember exaçtly. But I think everyone right now concentrating their energies on fresh election I assume this would happen after a new government is in place, which cannot happen too soon imho. My constitutional amendments wish list: 1) Mandated recounting of votes before a new election is ordered. 2) A limit on how many election annulments/contestations can happen. The Commissions of Inquiry Act 2012 gives the President a wide mandate to investigate any matter he deems fit. Section 3(1) reads: “The President, whenever he considers it advisable so to do, may issue a commission under this Act appointing a commissioner or commissioners and authorising him or them, or any specified quorum of them, to inquire into the conduct of any public officer or the conduct or management of any public body, or into any matter into which an inquiry would, in the opinion of the President, be in the public interest.” I heard the AG say that there are certain appointments that the President cannot make while waiting for a new election, e.g appointing CS's. Are special commissions exempt?
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Rank: Elder Joined: 2/26/2012 Posts: 15,980
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Dahatre wrote:murchr wrote:Dahatre wrote:limanika wrote:Dahatre wrote:limanika wrote:If Parliament forms a judicial commission of inquiry to find out where the mess was (purely in public interest, since spending an extra 10b is no small matter), nobody should sit pretty. Even the majority Is this in the works? I've heard some mention in media, can't remember exaçtly. But I think everyone right now concentrating their energies on fresh election I assume this would happen after a new government is in place, which cannot happen too soon imho. My constitutional amendments wish list: 1) Mandated recounting of votes before a new election is ordered. 2) A limit on how many election annulments/contestations can happen. The Commissions of Inquiry Act 2012 gives the President a wide mandate to investigate any matter he deems fit. Section 3(1) reads: “The President, whenever he considers it advisable so to do, may issue a commission under this Act appointing a commissioner or commissioners and authorising him or them, or any specified quorum of them, to inquire into the conduct of any public officer or the conduct or management of any public body, or into any matter into which an inquiry would, in the opinion of the President, be in the public interest.” I heard the AG say that there are certain appointments that the President cannot make while waiting for a new election, e.g appointing CS's. Are special commissions exempt? If elections dont take place on Oct 26th Uhuru is President dy default. "There are only two emotions in the market, hope & fear. The problem is you hope when you should fear & fear when you should hope: - Jesse Livermore
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Rank: Member Joined: 12/21/2009 Posts: 602
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limanika wrote:Dahatre wrote:limanika wrote:Dahatre wrote:limanika wrote:If Parliament forms a judicial commission of inquiry to find out where the mess was (purely in public interest, since spending an extra 10b is no small matter), nobody should sit pretty. Even the majority Is this in the works? I've heard some mention in media, can't remember exaçtly. But I think everyone right now concentrating their energies on fresh election I assume this would happen after a new government is in place, which cannot happen too soon imho. My constitutional amendments wish list: 1) Mandated recounting of votes before a new election is ordered. 2) A limit on how many election annulments/contestations can happen. My wish list: 1) extend period for presidential petition to 21 days 2) Split SC into 2 chambers of 3 each. CJ to sit outside and only take care of administrative matters. If any party not satisfied with ruling of first chamber you have chance of appeal. Like it happens in ICC. No judge will make flimsy or political ruling if they know it can be scrutinized 3) restructure JSC. CJ should not chair. 4) Ammend process of removal of judges to allow more influence by different arm of govt I.e. Parliament with two thirds majority Thought that this is the current process?
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Rank: Veteran Joined: 9/21/2011 Posts: 2,032
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Dahatre wrote:limanika wrote:Dahatre wrote:limanika wrote:Dahatre wrote:limanika wrote:If Parliament forms a judicial commission of inquiry to find out where the mess was (purely in public interest, since spending an extra 10b is no small matter), nobody should sit pretty. Even the majority Is this in the works? I've heard some mention in media, can't remember exaçtly. But I think everyone right now concentrating their energies on fresh election I assume this would happen after a new government is in place, which cannot happen too soon imho. My constitutional amendments wish list: 1) Mandated recounting of votes before a new election is ordered. 2) A limit on how many election annulments/contestations can happen. My wish list: 1) extend period for presidential petition to 21 days 2) Split SC into 2 chambers of 3 each. CJ to sit outside and only take care of administrative matters. If any party not satisfied with ruling of first chamber you have chance of appeal. Like it happens in ICC. No judge will make flimsy or political ruling if they know it can be scrutinized 3) restructure JSC. CJ should not chair. 4) Ammend process of removal of judges to allow more influence by different arm of govt I.e. Parliament with two thirds majority Thought that this is the current process? yes...however, to investigate a judge, JSC has to first review the petition and then recommend to the president to constitute a tribunal. Parliament comes in after the tribunal has done its work. Problem is that the chair of JSC is CJ and he can very easily dictate the proceedings, indeed he cannot recommend tribunal to investigate himself. So we need an alternative route. We should also allow parliament to be originators of such petitions, and if they garner 2/3 majority, pork forms tribunal without passing through JSC.
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