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This Man Ferdinand Clifford Ndung'u Waititu
Angelica _ann
#301 Posted : Tuesday, July 30, 2019 5:47:06 PM
Rank: Elder


Joined: 12/7/2012
Posts: 11,908
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 ....
In the business world, everyone is paid in two coins - cash and experience. Take the experience first; the cash will come later - H Geneen
mkenyan
#302 Posted : Tuesday, July 30, 2019 6:18:21 PM
Rank: Veteran


Joined: 4/1/2009
Posts: 1,883
Shak wrote:
Some 2 governors have also been charged in court but still continuing with their duties. Who will make them leave?

it is not that they leave on being charged. it is all about bail terms as set by the trail court. if trail court doest not put a restriction on governors going to their offices then they can just go..
Bigchick
#303 Posted : Tuesday, July 30, 2019 6:18:33 PM
Rank: Elder


Joined: 2/8/2013
Posts: 4,068
Location: At Large.
Even the murderer should step aside.
Love is beautiful and so are those who share it.With Love, Marriage is an amazing event in ones life time, the foundation of joy, happiness and success.
murchr
#304 Posted : Tuesday, July 30, 2019 6:51:10 PM
Rank: Elder


Joined: 2/26/2012
Posts: 15,980
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.
"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
.
alma1
#305 Posted : Tuesday, July 30, 2019 7:00:06 PM
Rank: Elder


Joined: 9/19/2015
Posts: 2,871
Location: hapo
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.


Those are the shortcuts the cartel lawyers are looking for.

I think the Judges did not use OFFICE as a physical location. Otherwise, they would have said so expressly. The issue was would the governor and his ilk interfere with investigations.

Bwana Waititu and co should dissuade themselves from paying more money to these cartel lawyers who cheated him that hiding until Sunday and claiming his human rights was illegal. He should be looking for money to pay for his bail and look for other lawyers. I hear he's spending another night in jail.

Wakahare is gone whether his wins an appeal or not. Kiambu people are not impressed by his antiques.
Thieves are not good people. Tumeelewana?

Shak
#306 Posted : Tuesday, July 30, 2019 7:32:51 PM
Rank: Elder


Joined: 2/22/2009
Posts: 2,449
Location: Africa
mkenyan wrote:
Shak wrote:
Some 2 governors have also been charged in court but still continuing with their duties. Who will make them leave?

it is not that they leave on being charged. it is all about bail terms as set by the trail court. if trail court doest not put a restriction on governors going to their offices then they can just go..

Oh I see
Shak
#307 Posted : Tuesday, July 30, 2019 7:38:10 PM
Rank: Elder


Joined: 2/22/2009
Posts: 2,449
Location: Africa
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.
limanika
#308 Posted : Tuesday, July 30, 2019 8:17:30 PM
Rank: Veteran


Joined: 9/21/2011
Posts: 2,032
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.
kaka2za
#309 Posted : Tuesday, July 30, 2019 8:28:08 PM
Rank: Elder


Joined: 10/3/2008
Posts: 4,057
Location: Gwitu
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.


Judge Mumbi was clearly not referring to physical office but there is a lacuna in law that will make it difficult to enforce the ruling
Truth forever on the scaffold
Wrong forever on the throne
(James Russell Rowell)
alma1
#310 Posted : Tuesday, July 30, 2019 8:30:48 PM
Rank: Elder


Joined: 9/19/2015
Posts: 2,871
Location: hapo
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?

hardwood
#311 Posted : Tuesday, July 30, 2019 8:47:54 PM
Rank: Elder


Joined: 7/28/2015
Posts: 9,562
Location: Rodi Kopany, Homa Bay
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.
alma1
#312 Posted : Tuesday, July 30, 2019 8:49:59 PM
Rank: Elder


Joined: 9/19/2015
Posts: 2,871
Location: hapo
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.


He can always do that, then we shall have a more substantive ruling. Including the fact that he may have to forfeit his bail and stick in Industrial Area until he's done.

He can always try that.

Maybe you haven't noticed but the cartel lawyers having been losing cases left right and center in the past year. They have now found great careers as very good twirraras.
Thieves are not good people. Tumeelewana?

limanika
#313 Posted : Tuesday, July 30, 2019 8:50:18 PM
Rank: Veteran


Joined: 9/21/2011
Posts: 2,032
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.

The ruling by Mumbi can be challenged in a higher court. Since the law protects the rights of both the accused and the accuser, I dont think the ruling will stand with the current weak legislation. There could be cases where someone with a grudge with the governor takes him/her to court and files phantom charges just so he can step aside. In this case it is not impossible to project a situation whereby so many governors (in fact all 47 of them) have been barred from office (some on phantom charges) same time and their deputies have taken over in acting capacity.

But Mumbi has stirred up debate and hopefully we'll go in the right direction in the fullness of time.
alma1
#314 Posted : Tuesday, July 30, 2019 8:56:03 PM
Rank: Elder


Joined: 9/19/2015
Posts: 2,871
Location: hapo
limanika 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.

The ruling by Mumbi can be challenged in a higher court. Since the law protects the rights of both the accused and the accuser, I dont think the ruling will stand with the current weak legislation. There could be cases where someone with a grudge with the governor takes him/her to court and files phantom charges just so he can step aside. In this case it is not impossible to project a situation whereby so many governors (in fact all 47 of them) have been barred from office (some on phantom charges) same time and their deputies have taken over in acting capacity.

But Mumbi has stirred up debate and hopefully we'll go in the right direction in the fullness of time.


The aftermath of an unconstitutinal law can be devastating. It is not up to the courts to decide on aftermaths or lack thereof.

It's up to the legislature to come up with honest and sane laws. They knew why the put those clauses there. They are now unconstitutional.

I am sure that such a case shall not be taken up by the court of appeal as it is not unconstitutional. That's the only way the Court of Appeal takes that case. It is unconstitutional. It is not.

The only option for these governors is go straight to the Supreme Court to get a legal opinion.

These people are fried. Now every magistrate will rely on it going forward.

I may be wrong, but I find nothing unconstitutional with her ruling on that specific section of the law. So it shall stand.
Thieves are not good people. Tumeelewana?

limanika
#315 Posted : Tuesday, July 30, 2019 8:56:41 PM
Rank: Veteran


Joined: 9/21/2011
Posts: 2,032
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.
hardwood
#316 Posted : Tuesday, July 30, 2019 9:15:55 PM
Rank: Elder


Joined: 7/28/2015
Posts: 9,562
Location: Rodi Kopany, Homa Bay
Did I just see Nyoro and Gakuyo (the one who has confessed stealing billions from wananchi via ekeza and gakuyo sacco) saying that they are now the ones in charge of kiambu?

Njunge
#317 Posted : Tuesday, July 30, 2019 9:22:34 PM
Rank: Elder


Joined: 2/7/2007
Posts: 921
Waititu is down and Kabogo is up. Someone is about to get finished. I hold this. The County Assembly of Kiambu will impeach Waititu and this will happen inside 90 days.
Lolest!
#318 Posted : Tuesday, July 30, 2019 9:34:08 PM
Rank: Elder


Joined: 3/18/2011
Posts: 12,069
Location: Kianjokoma
Njunge wrote:
Waititu is down and Kabogo is up. Someone is about to get finished. I hold this. The County Assembly of Kiambu will impeach Waititu and this will happen inside 90 days.

It is a gloomy day for buffalo too if the squirrel is impeached
Laughing out loudly smile Applause d'oh! Sad Drool Liar Shame on you Pray
hardwood
#319 Posted : Tuesday, July 30, 2019 9:35:18 PM
Rank: Elder


Joined: 7/28/2015
Posts: 9,562
Location: Rodi Kopany, Homa Bay
Njunge wrote:
Waititu is down and Kabogo is up. Someone is about to get finished. I hold this. The County Assembly of Kiambu will impeach Waititu and this will happen inside 90 days.


Embu governor was impeached many times and still continued in office. If impeached waititi will also go mpaka supreme court.
hardwood
#320 Posted : Tuesday, July 30, 2019 9:40:17 PM
Rank: Elder


Joined: 7/28/2015
Posts: 9,562
Location: Rodi Kopany, Homa Bay
Did the duo, being state officers, step aside when they were battling their cases at the hague?
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