Ngalaka wrote:maka wrote:Ngalaka wrote:
Is it an option that someone could go to Court seeking that the court finds the move to be in contravention of the Constitution.
Supposing the Court grants such prayers, what next!
He is within the law....I dont think he had an option...OAR is wrong on this
Art 251(3) of the Constitution gives Parliament the power to consider consider petitions of removal of office for Constitutional Commissions such as the JSC.
Opinions seem to differ on various aspects of this whole matter.
Was a court order ignored!
Is that a basis in itself!
Lets not forget one thing. The order was not directed at the President. He received a Petition under Art 251 from the National Assembly he is obligated under 251(4) to constitute the Tribunal. No ifs or buts to blame the Prezzy is to bark up the wrong tree. There is NOTHING he could have done once the Petition was served upon him.
Remember we have a system of separation of powers
The President has no powers to decline a Petition under 251 even if he was well meaning which unfortunately he is not
So under 251 he had no option than to constitute a tribunal
Or else he would have been guilty of flouting Art10 and the very Constitution he is to uphold.
And just like we say in Judicial Review we cannot question the merit of the decision but the decision making process itself
The Constitution uses the word SHALL
Otherwise Constitutional Office Holders would have said 'we need to consult' on almost everything! The President in my view and I repeat cannot be blamed. The idiots to bear the blame are the August House!
possunt quia posse videntur