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This Man Ferdinand Clifford Ndung'u Waititu
kaka2za
#331 Posted : Tuesday, July 30, 2019 10:40:13 PM
Rank: Elder

Joined: 10/3/2008
Posts: 4,058
Location: Gwitu
hardwood wrote:







Huyo obiter dictum ni Governor wa wapi?
Truth forever on the scaffold
Wrong forever on the throne
(James Russell Rowell)
Shak
#332 Posted : Tuesday, July 30, 2019 10:56:05 PM
Rank: Elder

Joined: 2/22/2009
Posts: 2,449
Location: Africa
hardwood wrote:
limanika wrote:
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.


The lawyers agree with me.




I completely disagree with this lawyer and agree with @limanika. When a public officer is interdicted what it effectively means is that the officer cannot discharge his or her duties until that time he/she is cleared of wrong doing. In addition such officers are given only half their salary for the entire period of interdiction. During this period an officer should not report to work, issue official instructions, sign or authorize anything. What in effect it does is to bar him/her from "office" which is not necessarily the physical space. To purport that this ruling applies to access to the physical office is a completely misleading view.

QUOTE
The judge wondered why Kenyans have legislative authority, which they have delegated under Article 1 to the legislature and who passed Section 62(6) of the Anti-corruption and Economic Crimes Act to allow State officers whose removal is provided for in the Constitution to remain in the offices they have abused and used it for personal enrichment to the detriment of the public they are supposed to serve and to continue serving while undergoing prosecution.

ABUSE OF OFFICE

She reasoned that a county governor, to whom Article 10 and Chapter Six apply, is charged with abuse of office, adding that he is basically charged with enriching himself at the expense of the people.

"Would it serve the public interest for him to go back to office and preside over the finances of the county that he has been charged with embezzling?" the judge posed.
hardwood
#333 Posted : Tuesday, July 30, 2019 10:56:58 PM
Rank: Elder

Joined: 7/28/2015
Posts: 9,562
Location: Rodi Kopany, Homa Bay
I agree with the grand mulla

murchr
#334 Posted : Tuesday, July 30, 2019 11:03:14 PM
Rank: Elder

Joined: 2/26/2012
Posts: 15,980
hardwood wrote:
I agree with the grand mulla




Lol! Laughing out loudly the address can indeed always be changed.

Sonko is very bright to run the city without a deputy gov. They are hyenas waiting for the meat to fall down.

"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
.
Gathige
#335 Posted : Wednesday, July 31, 2019 12:40:44 AM
Rank: Elder

Joined: 3/29/2011
Posts: 2,242
murchr wrote:
hardwood wrote:
I agree with the grand mulla




Lol! Laughing out loudly the address can indeed always be changed.

Sonko is very bright to run the city without a deputy gov. They are hyenas waiting for the meat to fall down.




So in essence BabaYao can run the Kiambu County Business from Industrial Area Remand Prison? Won't be surprised that those umichinda mamillioni SMSs will be on the rise during his stay there.
"Things that matter most must never be at the mercy of things that matter least." Goethe
hardwood
#336 Posted : Wednesday, July 31, 2019 1:10:33 AM
Rank: Elder

Joined: 7/28/2015
Posts: 9,562
Location: Rodi Kopany, Homa Bay
Shak wrote:
hardwood wrote:
limanika wrote:
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.


The lawyers agree with me.




I completely disagree with this lawyer and agree with @limanika. When a public officer is interdicted what it effectively means is that the officer cannot discharge his or her duties until that time he/she is cleared of wrong doing. In addition such officers are given only half their salary for the entire period of interdiction. During this period an officer should not report to work, issue official instructions, sign or authorize anything. What in effect it does is to bar him/her from "office" which is not necessarily the physical space. To purport that this ruling applies to access to the physical office is a completely misleading view.

QUOTE
The judge wondered why Kenyans have legislative authority, which they have delegated under Article 1 to the legislature and who passed Section 62(6) of the Anti-corruption and Economic Crimes Act to allow State officers whose removal is provided for in the Constitution to remain in the offices they have abused and used it for personal enrichment to the detriment of the public they are supposed to serve and to continue serving while undergoing prosecution.

ABUSE OF OFFICE

She reasoned that a county governor, to whom Article 10 and Chapter Six apply, is charged with abuse of office, adding that he is basically charged with enriching himself at the expense of the people.

"Would it serve the public interest for him to go back to office and preside over the finances of the county that he has been charged with embezzling?" the judge posed.


The court is yet to hear the case and rule whether waititi abused his office and used it for personal enrichment. The judge should go mos mos. Seems she got carried away by public opinion and politics though I am happy she said this as her personal opinion, an AOB, and not part of the ruling. Just because someone is charged in court doesn't mean one is guilty. It's the duty of the prosecution to convince the court that the person is guilty and the charged must also be given an opportunity to defend himuselefu.
alma1
#337 Posted : Wednesday, July 31, 2019 6:39:17 AM
Rank: Elder

Joined: 9/19/2015
Posts: 2,871
Location: hapo
The cabal of lawyers are now on TV. They lost the case in court. They should do the necessary and start filing for an appeal for their client.

Apana sumbua raia with useless opinions that have no bearing in law.

As I said before, Waititu is free to test the will of the court. He can go to his new office in Runda today and test his bail terms.

Then we shall know the real stand. Laughing out loudly Laughing out loudly Laughing out loudly Laughing out loudly

Thieves are not good people. Tumeelewana?

Njunge
#338 Posted : Wednesday, July 31, 2019 7:54:29 AM
Rank: Elder

Joined: 2/7/2007
Posts: 921
The problem with this Kenyan TV lawyers is, they think they are smarter than everybody around. What would it take to walk to Mumbi's chamber and ask this simple question, "Madam, ulimaanisha nini". Better still, knowing how dumb Waititu is, they can always advice him to go back to the Kiambu offices and then sit silently and wait. They have nothing to lose.
kaka2za
#339 Posted : Wednesday, July 31, 2019 8:42:47 AM
Rank: Elder

Joined: 10/3/2008
Posts: 4,058
Location: Gwitu
hardwood wrote:
I agree with the grand mulla



No wonder Jubilee lost the Presidential petition with grand Mullah as a lead counsel.

I am waiting to hear what Dr Atiende Amollo has to say about this. I regard him as the most objective of the lot.
Truth forever on the scaffold
Wrong forever on the throne
(James Russell Rowell)
Lolest!
#340 Posted : Wednesday, July 31, 2019 9:12:55 AM
Rank: Elder

Joined: 3/18/2011
Posts: 12,069
Location: Kianjokoma
MCAs plotting an impeachment motion...

Then you remember we've been there with Wambora
Laughing out loudly smile Applause d'oh! Sad Drool Liar Shame on you Pray
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