@Fundaah I have read the katiba and the two articles by Mutahi and the other one by Njoki from my personal view they are talking pure truth infact they are quoting section of the proposed katiba,However they are opposing each other.This shows us how this proposed katiba leaves lot of doors for speculation...is it ok to have this kind of katiba that is not clear that even the Judges,Lawyers and even members of COE are having problems to interprete.....tell me

Let the people decide

Good people, i do read Mutahi's column but i never take him seriously. Sometime back he was on the bench and he admits he is not always serious. He admitted to being surprised by how people take his thoughts and speculation/analysis as facts! The guy is normally out to entertain. May be in the beginning he was serious.

...Mutahi has to be sensational for him to remain relevant... I do not think he believes in what he writes... I understand he gets 150k per article...Nobody would read a story that is just a case of a dog biting a man... His stories are always twisted so that it is the man biting the dog... Infact his stories are a classic case of a man f***ing a dog!!! He is that bad... People watch this man... And Magigi is back in black and black...

Sticking to issues will hurt no one. Not to rush to insult people; not to rush to agree with others.

SEE THIS:
Mutahi Ngunyi: "And this is because Article 3 removes Section 59 of the current constitution. This is the section that tells us how to dissolve Parliament. Because the President will not dissolve Parliament, it must dissolve five years from when it first sat on January 16, 2008."

Njoki Ndungú: "Until this date, the current President still retains all his executive powers under the former Constitution, including the power to dissolve Parliament for the 2012 election."

Article 3 of the transitional provisions in draft:

"..(2) Sections 30 to 40, 43 to 46 and 48 to 58 of the former
Constitution, the provisions of the former Constitution
concerning the executive, and the National Accord and
Reconciliation Act, 2008 (No.4 of 2008) shall continue to
operate until the first general elections held under this
Constitution, but the provisions of this Constitution
concerning the system of elections, eligibility for election and
the electoral process shall apply to that election."

ISSUE: Is section 59 of the current constitution giving the President power to dissolve parliament one of the " provisions concerning the executive"? If answered in the affirmative, Njoki is probably right. If it is not, then there is ambiguity. Note that in the current constitution section 59 giving the President power to dissolve parliament is under Chapter III titled "Parliament" while Chapter II is titled "Executive".
MY OPINION: Njoki is wrong!