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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: 11,935
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: 1,885
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: 4,058
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?

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