limanika wrote:murchr wrote:Did the court say that Waititu should step aside or just that he should not be allowed back in his office? My guess is, he can operate from Thika as this does not interfere in anyway with policy dispensation.
The ruling effectively meant that he should cease exercising powers of the office of county governor until case is heard and determined. Sadly, I note the County Government Act 2012 did not contemplate this scenario. Due to the weak legislation this ruling may be quashed by either Court of Appeal or SC.
Actually we are going too far in interpretation.
The ruling by Mumbi was specifically on the legality of the constitutionality of keeping state officials in their place of work on moral issues such as corruption. She ruled that particular section of the act was unconstitutional.
As we stand any law that violates this principle is by fact unconstitutional.
She wasn't ruling on whether governors were to be called governors when charged. She ruled on a constitutional issue.
To over turn that ruling you have to go to the Court of Appeal and I'm sure they will not touch that ruling.
Ipso facto. The problem are all these ACTS of Mpigs that have effectively been watering down the constitution.
As to whether Waititu is still governor etc, that's now for the Mpigs to fix with an act of gov't. Otherwise it is now unconstitutional for a conman to continue RUINING counties on the basis of a flawed law that Mpigs have been using to remain in power.
I think that is what the Waititu judge said over and over again.
Lawyers are free to interpret. That's how they make their money. By obfuscating and pontificating.
Thieves are not good people. Tumeelewana?