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This Man Ferdinand Clifford Ndung'u Waititu
Rank: Elder Joined: 7/28/2015 Posts: 9,562 Location: Rodi Kopany, Homa Bay
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I agree with Kanjama 100%....
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Rank: Elder Joined: 7/28/2015 Posts: 9,562 Location: Rodi Kopany, Homa Bay
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Rank: Elder Joined: 3/18/2011 Posts: 12,069 Location: Kianjokoma
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Shak wrote:Angelica _ann wrote:murchr wrote:Shak wrote:Some 2 governors have also been charged in court but still continuing with their duties. Who will make them leave?
Of corruption? Who else? Ojamoong .... Migori 1. My understanding of the ruling is that it applies to public and state officers charged with any criminal offence not just corruption. Migori 1 had a corruption case too. Kes 2b. Involved wiring money to his kids in Australia The Sharon case shouldn't be used to bar him from office.
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Rank: Elder Joined: 7/28/2015 Posts: 9,562 Location: Rodi Kopany, Homa Bay
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limanika wrote:hardwood wrote:Waititi was only barred from going to the county offices, not performing his functions as county governor. Basically he can run the county from his private offices or home or wherever he deems fit. He can even be parking outside the county offices gate and be signing all the documents and hold meetings from there. As I said earlier sonko has been holding cabinet meetings in his machakos home which is legal. The term 'office' in this case does not refer to a physical place. It refers to the 'functions' that go with the office. You are right that Sonko was 'running' Nairobi from Mua hills since it's not about the physical place. The lawyers agree with me.
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Rank: Elder Joined: 7/28/2015 Posts: 9,562 Location: Rodi Kopany, Homa Bay
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Rank: Elder Joined: 7/28/2015 Posts: 9,562 Location: Rodi Kopany, Homa Bay
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Kanjama: Court asked Waititu to keep away from the ‘offices’, did not take away the ‘office’ from him
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Rank: Elder Joined: 2/7/2007 Posts: 921
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Waititu and his wife have a bunch of rich thieves for lawyers and of course some tangatanga friends with deep pockets yet wamelala ndani for a third day. Poor couple.
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Rank: Elder Joined: 2/26/2012 Posts: 15,980
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alma1 wrote: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. Are you already judging him yet he has not been heard? "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: 7/28/2015 Posts: 9,562 Location: Rodi Kopany, Homa Bay
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Njunge wrote:Waititu and his wife have a bunch of rich thieves for lawyers and of course some tangatanga friends with deep pockets yet wamelala ndani for a third day. Poor couple. When you are charged with corruption its bad PR to pay 15m + 4m bail cash, coz everyone will believe that its true that you stole millions. Therefore the good thing to do is lala dani for a day or 2 as you pretend to look for bail cash.
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Rank: Elder Joined: 10/3/2008 Posts: 4,057 Location: Gwitu
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murchr wrote:alma1 wrote: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. Are you already judging him yet he has not been heard? He is a kirimino no matter what the courts decide. Akashas were presumed innocent in Kenya for many years yet we all knew they were up to no good Truth forever on the scaffold Wrong forever on the throne (James Russell Rowell)
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Rank: Elder Joined: 10/3/2008 Posts: 4,057 Location: Gwitu
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Huyo obiter dictum ni Governor wa wapi? Truth forever on the scaffold Wrong forever on the throne (James Russell Rowell)
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Rank: Elder Joined: 2/22/2009 Posts: 2,449 Location: Africa
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hardwood wrote:limanika wrote:hardwood wrote:Waititi was only barred from going to the county offices, not performing his functions as county governor. Basically he can run the county from his private offices or home or wherever he deems fit. He can even be parking outside the county offices gate and be signing all the documents and hold meetings from there. As I said earlier sonko has been holding cabinet meetings in his machakos home which is legal. The term 'office' in this case does not refer to a physical place. It refers to the 'functions' that go with the office. You are right that Sonko was 'running' Nairobi from Mua hills since it's not about the physical place. The lawyers agree with me. I completely disagree with this lawyer and agree with @limanika. When a public officer is interdicted what it effectively means is that the officer cannot discharge his or her duties until that time he/she is cleared of wrong doing. In addition such officers are given only half their salary for the entire period of interdiction. During this period an officer should not report to work, issue official instructions, sign or authorize anything. What in effect it does is to bar him/her from "office" which is not necessarily the physical space. To purport that this ruling applies to access to the physical office is a completely misleading view. QUOTE The judge wondered why Kenyans have legislative authority, which they have delegated under Article 1 to the legislature and who passed Section 62(6) of the Anti-corruption and Economic Crimes Act to allow State officers whose removal is provided for in the Constitution to remain in the offices they have abused and used it for personal enrichment to the detriment of the public they are supposed to serve and to continue serving while undergoing prosecution.
ABUSE OF OFFICE
She reasoned that a county governor, to whom Article 10 and Chapter Six apply, is charged with abuse of office, adding that he is basically charged with enriching himself at the expense of the people.
"Would it serve the public interest for him to go back to office and preside over the finances of the county that he has been charged with embezzling?" the judge posed.
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Rank: Elder Joined: 7/28/2015 Posts: 9,562 Location: Rodi Kopany, Homa Bay
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I agree with the grand mulla
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Rank: Elder Joined: 2/26/2012 Posts: 15,980
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hardwood wrote:I agree with the grand mulla
Lol! the address can indeed always be changed. Sonko is very bright to run the city without a deputy gov. They are hyenas waiting for the meat to fall down. "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: 3/29/2011 Posts: 2,242
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murchr wrote:hardwood wrote:I agree with the grand mulla
Lol! the address can indeed always be changed. Sonko is very bright to run the city without a deputy gov. They are hyenas waiting for the meat to fall down. So in essence BabaYao can run the Kiambu County Business from Industrial Area Remand Prison? Won't be surprised that those umichinda mamillioni SMSs will be on the rise during his stay there. "Things that matter most must never be at the mercy of things that matter least." Goethe
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Rank: Elder Joined: 7/28/2015 Posts: 9,562 Location: Rodi Kopany, Homa Bay
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Shak wrote:hardwood wrote:limanika wrote:hardwood wrote:Waititi was only barred from going to the county offices, not performing his functions as county governor. Basically he can run the county from his private offices or home or wherever he deems fit. He can even be parking outside the county offices gate and be signing all the documents and hold meetings from there. As I said earlier sonko has been holding cabinet meetings in his machakos home which is legal. The term 'office' in this case does not refer to a physical place. It refers to the 'functions' that go with the office. You are right that Sonko was 'running' Nairobi from Mua hills since it's not about the physical place. The lawyers agree with me. I completely disagree with this lawyer and agree with @limanika. When a public officer is interdicted what it effectively means is that the officer cannot discharge his or her duties until that time he/she is cleared of wrong doing. In addition such officers are given only half their salary for the entire period of interdiction. During this period an officer should not report to work, issue official instructions, sign or authorize anything. What in effect it does is to bar him/her from "office" which is not necessarily the physical space. To purport that this ruling applies to access to the physical office is a completely misleading view. QUOTE The judge wondered why Kenyans have legislative authority, which they have delegated under Article 1 to the legislature and who passed Section 62(6) of the Anti-corruption and Economic Crimes Act to allow State officers whose removal is provided for in the Constitution to remain in the offices they have abused and used it for personal enrichment to the detriment of the public they are supposed to serve and to continue serving while undergoing prosecution.
ABUSE OF OFFICE
She reasoned that a county governor, to whom Article 10 and Chapter Six apply, is charged with abuse of office, adding that he is basically charged with enriching himself at the expense of the people.
"Would it serve the public interest for him to go back to office and preside over the finances of the county that he has been charged with embezzling?" the judge posed.
The court is yet to hear the case and rule whether waititi abused his office and used it for personal enrichment. The judge should go mos mos. Seems she got carried away by public opinion and politics though I am happy she said this as her personal opinion, an AOB, and not part of the ruling. Just because someone is charged in court doesn't mean one is guilty. It's the duty of the prosecution to convince the court that the person is guilty and the charged must also be given an opportunity to defend himuselefu.
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Rank: Elder Joined: 9/19/2015 Posts: 2,871 Location: hapo
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The cabal of lawyers are now on TV. They lost the case in court. They should do the necessary and start filing for an appeal for their client. Apana sumbua raia with useless opinions that have no bearing in law. As I said before, Waititu is free to test the will of the court. He can go to his new office in Runda today and test his bail terms. Then we shall know the real stand. Thieves are not good people. Tumeelewana?
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Rank: Elder Joined: 2/7/2007 Posts: 921
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The problem with this Kenyan TV lawyers is, they think they are smarter than everybody around. What would it take to walk to Mumbi's chamber and ask this simple question, "Madam, ulimaanisha nini". Better still, knowing how dumb Waititu is, they can always advice him to go back to the Kiambu offices and then sit silently and wait. They have nothing to lose.
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Rank: Elder Joined: 10/3/2008 Posts: 4,057 Location: Gwitu
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hardwood wrote:I agree with the grand mulla
No wonder Jubilee lost the Presidential petition with grand Mullah as a lead counsel. I am waiting to hear what Dr Atiende Amollo has to say about this. I regard him as the most objective of the lot. Truth forever on the scaffold Wrong forever on the throne (James Russell Rowell)
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Rank: Elder Joined: 3/18/2011 Posts: 12,069 Location: Kianjokoma
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MCAs plotting an impeachment motion... Then you remember we've been there with Wambora
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This Man Ferdinand Clifford Ndung'u Waititu
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