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kibaki nominates visram as chief justice
For Sport
#31 Posted : Saturday, January 29, 2011 1:33:58 PM
Rank: Veteran

Joined: 12/23/2010
Posts: 1,229
Consultation goes beyond informing (or at least it should). It means you seek advice and heed it. Which suggests that there must be some form of consensus.
Ha, we’re just like Zim (remember morgan complaining about not being consulted on key appointments to government) – and some lawyers arguing that consultation did not mean that Bob had to accept Morgan’s views. And of course others arguing otherwise. we've exported really bad examples....
All said, its a matter of interpretation. Words can be stretched or shrunk to mean anything. Question is – tulitoka wapi? What was the spirit of this particular requirement.
rasilio
#32 Posted : Saturday, January 29, 2011 1:34:54 PM
Rank: Member

Joined: 6/23/2010
Posts: 153
Location: FU
great job newfarer.

consulting means exactly that. Consulting. The problem is that one guy can say they were not consulted if no agreement is made. So yes they have to agree. Kibaki apende asipende.

I am a constitutional buff and don't take kindly to those who think laws are there to be read only.

If Raila swears an affidavit that he was not consulted, then you and any other kenyan can take up the case in court and that will be the end of that. In fact, the parliamentary committee can refuse to work with the names based on that and so can Marende.

I now believe these PNU guys are hell bent on subverting the law. Of course closely followed by these ODM guys.

What interests me the most is the reaction of those appointed as CJ, AG and DPP. They will be expected to uphold the law. If their first act in office is to subvert the constitution by accepting this flawed nominations exactly where will Kenya be heading?
2 Miles
#33 Posted : Saturday, January 29, 2011 2:14:46 PM
Rank: Member

Joined: 10/26/2010
Posts: 125
What interests me is that some ODM mps allied to the Kalenjin kingpin will be in full support of baks. Had this occurred 2 years ago when the party was strong, these same fellows would now be up in arms. Political future of these country is bleak, very bleak. Constitutions are meant to promote governance and that is why the whole process is expensive. Why spend so much in the referendum and in the implementation of the constitution then mock it ????
Buster
#34 Posted : Saturday, January 29, 2011 2:24:37 PM
Rank: Veteran

Joined: 5/17/2007
Posts: 1,345
I support TAZ. No need to Blame BAKS, His is just a political game with nothing to lose. We should blame the MPIGS should they decide to pass the names in Parliament. This is the time for them to rise up and show us that the Constitution is above EVERYBODY.

By the way do you think this is a pointer to early elections... First they raise Funds through 6969 and then try and appoint a 'friendly' CJ and AG?
YesuWangu
#35 Posted : Saturday, January 29, 2011 6:52:19 PM
Rank: Elder

Joined: 8/11/2010
Posts: 1,588
I agree with Buster over here. Cry our beloved country.

Why would parliament provide a check on a runway president especially if both are up to no good?

A strong president was to check against a rogue parliament and vice versa.

But alas, political expediency will carry the day.

Cry our beloved country.
kadonye
#36 Posted : Saturday, January 29, 2011 7:27:59 PM
Rank: Elder

Joined: 5/30/2009
Posts: 1,390
Interesting developments.One thing is clear: Kibaki should consult Amolo.I am convinced that is where clarity ends.What is consultation?How should it be done?Do they need to sign somewhere everything they agree on?Two possibilities: Kibaki has consulted Odinga and either they did not come to a proper conclusion or Raila is just playing politics with us by backtracking on his decision.(he knows how to play victim politics well).Possibility 2:Kibaki decided to be jeuri by ignoring the national accord!BOTH ARE POSSIBLE!
What a wicked man I am!The things I want to do,I don't do.The things I don't want to do I find myself doing
For Sport
#37 Posted : Saturday, January 29, 2011 9:12:15 PM
Rank: Veteran

Joined: 12/23/2010
Posts: 1,229
Alfred Mutua on what consultation mean
“Consultation does not mean 100% agreement or 100% consensus – otherwise this country would never move forward” or some crap like that.

again, was this provision designed just to keep the PM informed OR was it meant to reflect the power sharing agreement?
rasilio
#38 Posted : Saturday, January 29, 2011 9:56:05 PM
Rank: Member

Joined: 6/23/2010
Posts: 153
Location: FU
(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.

Every time these pnu guys play tricks with legal matters, IDP's are created.
mlennyma
#39 Posted : Saturday, January 29, 2011 10:06:56 PM
Rank: Elder

Joined: 7/21/2010
Posts: 6,194
Location: nairobi
The guy representing ruto in a case becomes the prosecutor?baks a break please!..raila is not perfect but am now ready to give him my vote as preso.
"Don't let the fear of losing be greater than the excitement of winning."
KenSaf
#40 Posted : Saturday, January 29, 2011 10:15:30 PM
Rank: Member

Joined: 6/4/2008
Posts: 394
Do we really expect MPs to vote with their heads????. I smelled something fishy when the Eldoret meeting was held. With all this fighting of the TWO principals, when will ever think of development issues, when will they think of IDPs. Coalition government was a bad option
Doors of opportunity don't just open , they have to be unlocked & it's up to you to turn the knob.
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