Wa_ithaka wrote:Eeh ata ma pastor manaongeo uongo!
Mutahi has actually taken advantage of the fact that many kenyans still haven't read the new katiba.
Njoki's column is factual
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!