kadonye wrote:newfarer wrote:Jus Blazin wrote:Marende realises MK may have been right, but since he doesnt want to disappoint RAO and his cronies, declines to make a judgement.
Aiiiiiii the MK would be a genious , if the High court was wrong , the saints oops catholic bishops ,The Laywers , AG , Chief justice 99.99% of all Wazuan are wrong
Only Kibaki is right.
Let's get it right people.
1.Kibaki MUST consult RAO on appointments.
2.Kibaki does NOT need any input from JSC on appointment of the CJ.
Quote:Chief Justice
24. (1) The Chief Justice in office immediately before the effective date shall, within six months after the effective date, vacate office and may choose either--
(a) to retire from the judiciary; or
(b) subject to the process of vetting under section 23, to continue to serve on the Court of Appeal.
(2) A new Chief Justice shall be appointed by the President, subject to the National Accord and Reconciliation Act, and after consultation with the Prime Minister and with the approval of the National Assembly.
(3) Subsection (2) also applies if there are further vacancies in the office of Chief Justice before the first general elections under this Constitution.
I guess we are now progressing well after the speaker's ruling.
I have analysed all the happenings and I have an opinion this will be the verdict whether in court or in parliament.
1. Both Raila and Kibaki were wrong on the appointment of the Chief Justice.
Some lawyer must have informed them that JSC's input was not necessary. This is what convinced them " A new Chief Justice shall be appointed by the President, subject to the National Accord and Reconciliation Act, and after consultation with the Prime Minister and with the approval of the National Assembly"
Unless the same constitution specifically states that this is a special appointment, we all know that there are rules that ought to be followed when appointing the Chief Justice. And this is where the JSC comes in.
2. Kibaki and Raila may be found to have been wrong on the issue of gender balance. This is what the court has just ruled. The matter may not be conclusive for now. But chances are, this will be the final verdict.
3. Though both Kibaki and Raila must consult, the way that was worded was intended to give one of them an upper hand in case of a disagreement. am of the feeling that if there is sufficient evidence that there in deed was conclusive consultations, the President will carry the day.
If the consultations are deemed to be incomplete, then the Prime Minister will carry the day.
FinallyRegardless of the verdict in no. 3 above, the whole process or part of the process will have to be repeated.
- The CJ position will have to go through JSC
-Depending on the final court ruling one of the other 3 may have to leave the post to a woman.