The question is,can a referee appoint a captain for a team that is unable to appoint one by itself? Maybe. Can a referee appoint himself such a captain? NOOOO!

The speaker's decision is illegal,period. The law does not confer on him powers to appoint himself chair of hbc. Interim or otherwise. A speaker is a referee in parliament; he thus cannot be the captain of a team in the match.

What every lawyer would have told you is that parliament is supreme,meaning it is superior to the executive. Given the executive's gridlock,it behoves parliament to lead. Of course,it can be successfully argued that the speaker's decision is parliaments' decision since parliament asked him to decide. But still,he could not choose someone else coz he knows he has no such powers - so he chose himself - hiding behind the term interim.

Legally,it would have been more legitimate to ask parliament to elect the HBC chair. After all,the supremacy of parliament cannot be questioned by the courts! But the speaker can have his decision questioned by the executive in a constitutional court on the legal premise that he cannot himself chair HBC.

Yenyewe,am admiring Marende. He has pulled a first in Kenya's history; he has effectively exercised powers of the legislature and of the executive - which he doesn't have - in one stroke of a pen to appoint himself. It looks like anyone can raid Kiguoya's turf - take anything,even Migingo but not the only wife and kids.

When buying shares,ask yourself,would you buy the whole company?

We have another 'kalooser' in SK aka Tmatekwa.
What were your expectations?

Becoming number one is easier than remaining number one

@BAAK

Whereas the courts can declare an Act of parl. unconstitutional based on the content of the Act itself,my understanding is that the courts cannot question the legitimacy of parliament's actions on technicalities other than outright disregard of the constitution.

When buying shares,ask yourself,would you buy the whole company?

Wee Andy. Punguza ma bangi zakutoka nyamira.

Osama bin Laden

@ Obi
I am trying to get you the link but this thing cant seem to stop playing games with me.
@All any body who has the link may post it here to share with compatriots.


On a different note;

Marende gave us a stop gap measure,a veritable breather for the moment.

It is not over,unfortunately.
Again Marende ruled only on the chair of HBC.
I guess matter of the leader of govt business in the house remains unabated,or did he touch on that too.

All in all

Kibaki may feel slighted on account of his Executive powers being brought to question.
One of the options to clear this issue is to get a constitutional Court to give a constitutional interpretation as to who is CEO or if that position is shared btn himself and anybody else,as asserted by some Mps and the implication of Speakers ruling.
Of course as said earlier Kibaki may play the trump card,'the last resort'.
There are implications for this move,may be dire - I dont know,definitely good for ego,but sure disaster for business.

PS
The views I post here are not necessarily what I wish to see happen,rather,I only seek to commentate of the likely ways this matter may play itself out.
Otherwise I am fo peace guys.
I also advocate for the rule of law,regardless of who that may rub the wrong way,or who the correct interpretation of the law may end up benefiting in the scheme of things.

B.timer

When we decide to put aside some law to suit our convenience,however justified,we will never know when to stop. It started with 'we will not challenge the results announced by ECK in court.........'. I hate to be a prophet of doom,but i think the plot is thickening.

On this issue,President Kibaki is not equal to Prime Minister Raila..neither is his deputy by Raila's own admission...If Marende upheld the law,what is the worst that would have happened? This country is holding off making too many hard decisions from Mau to this HBC. We need to bite the bullets and move on to more useful nation building activities.

Being leader of HBC was vp's only role. Hes now just another minister

Well,a a critical decision delayed is better or not? Me think it can go either way. but eventually you have to make it,and in the interim other factors,accidental or otherwise can make the decision easier later.

However,purely from his positioon to interpret who govt is,I think ODM came out winners this first round.

Nairobi Star indicates that Kofi Annan made a phone call to the two principals to solve the impasse....but ODM seems to have go its message through to the other side.....CONSULTATIONS NI LAZIMA! :) even if it has to be done through the speaker.

Mgema akisifiwa,itabidi umezidiwa....