alma wrote:Apana jokes...They said that there was a standing court order. It was not implemented.
Whether you like it or not, court orders are meant to be followed. By everyone, even Jesus followed the court order to appear before Pilate.
But if you think that your MP is too special to follow a court order, then you are the one who may be feeling slighted.
The Kanu gov't shouldn't come back through the back door of pretending that what they did was for the good of the country.
The good of the country means, you remove the governor using proper legal channels as the constitution says. If they think that is too hard for them, then they have another 3 years 4 months to deal with Wambora.
Wapeleke huyu mzee wakitumia sheria. Not crying all the time that the judiciary this judiciary that.
Alma i would like to point out that the law was followed in this case.
in fact i admire the speaker of the Embu county assembly in ensuring the law was followed.
Our constitution is supreme and recognises the independence of the three arms of the Government
under the constitution section 2 (3) and here i quote:
The validity or legality of this Constitution is not subject to challenge by or before any court or other State organ..
secondly in this same constitution section 181 (1) it clearly states instances a Governor can be removed and here i quote again;
A county governor may be removed from office on any of the following grounds—
(a) gross violation of this Constitution or any other law;
(b) where there are serious reasons for believing that the county governor has committed a crime under national or international law;
(c) abuse of office or gross misconduct; or
(d) physical or mental incapacity to perform the functions of office of county governor.
In section 181 (20 in the same constitution it gives
parliament the power to enact subsidiary legislation on the procedure to follow when removing a Governor the grounds specified in SECTION 181 (1);
and this was the
County Government Act 2012. Were it gives the procedures to be followed when removing a Governor;
the county governmet act states Under section 33 (1) under Article 181 of the Constitution a governor may be removed where;
A member of the county assembly may by notice to the speaker, supported by at least a third of all the members, move a motion for the removal of the governor under
(2) If a motion under subsection (1) is supported by at least two-thirds of all the members of the county assembly—
(a)the speaker of the county assembly shall inform the Speaker of the Senate of that resolution within two days; and
(b)the governor shall continue to perform the functions of the office pending the outcome of the proceedings required by this section.
(3) Within seven days after receiving notice of a resolution from the speaker of the county assembly—
(a)the Speaker of the Senate shall convene a meeting of the Senate to hear charges against the governor; and
(b) the Senate, by resolution, may appoint a special committee comprising eleven of its members to investigate the matter.
(4) A special committee appointed under subsection (3)(b) shall:
(a)investigate the matter; and
(b)report to the Senate within ten days on whether it finds the particulars of the allegations against the governor to have been substantiated.
(5) The governor shall have the right to appear and be
represented before the special committee during its investigations.
(6) If the special committee reports that the particulars of any allegation against the governor:
(a)have not been substantiated, further proceedings shall not be taken under this section in respect of that allegation; or
(b)have been substantiated, the Senate shall, after according the governor an opportunity to be heard, vote on the impeachment charges.
(7) If a majority of all the members of the Senate vote to uphold any impeachment charge, the governor shall cease to hold office.
(8) If a vote in the Senate fails to result in the removal of the governor, the Speaker of the Senate shall notify the speaker of the concerned county assembly accordingly and the motion by the assembly for the removal of the governor on the same charges may only be re-introduced to the Senate on the expiry of three months from the date of such vote.
(9) The procedure for the removal of the President on grounds of incapacity under Article 144 of the Constitution shall apply, with necessary modifications, to the removal of a governor.
(10) A vacancy in the office of the governor or deputy governor arising under this section shall be filled in the manner provided for by Article 182 of the Constitution.
I have decided to put the sections identified in the constitution and the County Government act so you can decide for your self where the law was not followed.
who broke the law?
the legislature or the courts??
Kibaki alisema tusome Katiba....