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Mumo Matemu nominated as anti graft boss
McReggae
#21 Posted : Thursday, September 20, 2012 1:58:43 PM
Rank: Elder

Joined: 6/17/2008
Posts: 23,365
Location: Nairobi
Matemu's appointment nullified by the high court, his conduct raises serious integrity issues thus can't assumme office!!!!
..."Wewe ni mtu mdogo sana....na mwenye amekuandika pia ni mtu mdogo sana!".
Tebes
#22 Posted : Thursday, September 20, 2012 2:43:02 PM
Rank: Elder

Joined: 11/26/2008
Posts: 2,097
http://www.nation.co.ke/.../-/13nbh9xz/-/index.html
"Never regret, if its good, its wonderful. If its bad, its experience."
Obi 1 Kanobi
#23 Posted : Thursday, September 20, 2012 5:36:27 PM
Rank: Elder

Joined: 7/23/2008
Posts: 3,017
Fantastic. I am loving it.

This ruling should make our politicians very worried. most will not make it to the ballot come next March. Uhuru and Ruto's geese are as good as cooked.

RAO, Mudavadi, Steve are on the cliff edge.
"The purpose of bureaucracy is to compensate for incompetence and lack of discipline." James Collins
pariah
#24 Posted : Thursday, September 20, 2012 5:41:33 PM
Rank: Member

Joined: 11/24/2011
Posts: 833
which conduct led to his dismissal? this mutunga guy is changing kenya big time, both in real terms and by association!!!!!!! cant believe this stuff is happening in my lifetime

well done judiciary, next go for the vultures we call politicians and where possible recover all ill gotten wealth from the culprits and beneficiaries, this is what dreams are made of
mkeiyd
#25 Posted : Thursday, September 20, 2012 6:36:57 PM
Rank: Veteran

Joined: 3/26/2012
Posts: 1,182
pariah wrote:
which conduct led to his dismissal? this mutunga guy is changing kenya big time, both in real terms and by association!!!!!!! cant believe this stuff is happening in my lifetime

well done judiciary, next go for the vultures we call politicians and where possible recover all ill gotten wealth from the culprits and beneficiaries, this is what dreams are made of


I guess those who have ill-gotten wealth/positions have reasons to worry.Sad think they are all over calling CJ an activist,to discredit him and the judiciary.
Sadder thing, even some wazuans see mutunga as an activist for his stand on some presidential candidates.
mawinder
#26 Posted : Thursday, September 20, 2012 9:38:42 PM
Rank: Elder

Joined: 4/30/2008
Posts: 6,029
Obi 1 Kanobi wrote:
Fantastic. I am loving it.

This ruling should make our politicians very worried. most will not make it to the ballot come next March. Uhuru and Ruto's geese are as good as cooked.

RAO, Mudavadi, Steve are on the cliff edge.

the constitution is clear that public officers are, appointed after vetting by suitable OR election in free and fair elections.The constitution further spells out clearly the qualifications for presidential candidates.It even goes further to state one is innocent till proved guilty by a court of law and has not exhausted all avenues of appeal meaning even Nabutola can contest the Bumula parliamentary seat if released on bail pending conclusion of appeal.Thus UK,WR and other candidates are eligible to contest for the presidency.
maka
#27 Posted : Thursday, September 20, 2012 10:40:53 PM
Rank: Elder

Joined: 4/22/2010
Posts: 11,522
Location: Nairobi
@obi kanobi thats not true ua stretching the constitution big time,chapter 6 iz not explicit in its wording,but the presuposition created under chapter 6 iz that once you are convicted in a competent court of law you CANNOT run for public office,NABUTOLA cannot run that would be a mockery of the intent and spirit of the constitution,on the other hand WSR and UK might run because they have only been put on their defence and not convicted...
possunt quia posse videntur
mawinder
#28 Posted : Thursday, September 20, 2012 10:59:54 PM
Rank: Elder

Joined: 4/30/2008
Posts: 6,029
Maka,If Nabutola appeals and is released on bond pending the conclusion of her appeal she becomes innocent till proved guilty and can vie for a parliamentary seat.The constitution is clear on this.
maka
#29 Posted : Friday, September 21, 2012 12:30:14 PM
Rank: Elder

Joined: 4/22/2010
Posts: 11,522
Location: Nairobi
In passing the new Constitution and in including in it the provisions of Articles 27, 38 and 43 among others, the presupposition that was created was that all would have an equal opportunity and an equal voice, regardless of status. However this provison cannot be read in isolation. Save for the right to life, all rights have limitations. The Elections Act, Act No 24 of 2011, enacted pursuant to the requirements of Article 99 of the Constitution of Kenya provides:
(1) Unless disqualified under clause (2), a person is eligible for election as a member of Parliament if the person:
(a) is registered as a voter;
(b) satisfies any educational, moral and ethical requirements prescribed by this Constitution or by an Act of Parliament. Nabutola by virtue of her conviction falls short of the integrity benchmark set in Chapter 6 and she thus fails to meet the requisite threshold necessary to enable her run.
possunt quia posse videntur
Obi 1 Kanobi
#30 Posted : Friday, September 21, 2012 2:45:42 PM
Rank: Elder

Joined: 7/23/2008
Posts: 3,017
@Mawinder

If I were you I would read the judgement that was used to bar Mumo (even the newspaper version). Mumo has never been charged in court with any wrong doing, he was simply barred from the seat as KACC Director General because of the allegations against him. The court held that Parliament did not sufficiently clear his name and that were he to be the DG of KACC, the public would have no trust in him.

Now extrapolate the same judgement to WR or UK and conclude.
"The purpose of bureaucracy is to compensate for incompetence and lack of discipline." James Collins
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