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Marende gives verdict
Rank: Elder Joined: 7/23/2008 Posts: 3,017
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@Mr Tea. Ease of the speaker,he could have tucked his tail and picked Mr. 8% and hid behind the simplistic interpretation of the law that Mutula and other 1eyed PNU lawyers love,but he didn't. Instead he made a ruling that basically will force MK and RAO to also think outside the box. Isn't it fantastic that the excessive powers of the presidency are being chipped,at this rate,we may soon have a real democracy. I guess if you can't win with facts,you can always pen bile-laced,xenophobic rants to distract everyone. "The purpose of bureaucracy is to compensate for incompetence and lack of discipline." James Collins
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Rank: Member Joined: 12/4/2008 Posts: 341 Location: Nairobi
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@Obi What peeves me is that fact that I thought that we had a different kind of leader in the person of Mr.Marende only for him to fall so short. It would have been more plausible if he had been decisive enough much to the chagrin of either party.. and erred..after all error is to human.To me.. thats a mark of a leader. Patience Pays in Guaranteed Checks Patience Pays In Guaranteed Checks.
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Rank: Member Joined: 6/24/2008 Posts: 238
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Bareta,fear not expressing your opinion because if it is yours it should be safe.
Now that thing about raila knowing his direction- did he not want the leader of government business position because he said it is his? Marende said no and raila celebrates! he should have said the truth- 'all i want is to stop kalonzo taking it because it may make him appear bigger than me' or said the right thing- 'this coalition is nonsensical so we should convene parliament to pass necessary laws to enable fresh elections' rather than holding the whole country ransom in power games.
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Rank: Elder Joined: 2/7/2007 Posts: 11,935 Location: Nairobi
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@Mr.Tea, To break the impasse and make a ruling favouring either of the candidate,Mr. Marende would have been forced to make an interpretation of either the accord and the constitution or both.We all know that this is outside his jurisdiction and that such a move can only be undertaken by a constitutional court...........It is therefore safe to say he did his best within the confines of the standing orders.......In my opinion,he did an exemplary job with those limited powers.......let as give the devil his due. Guka wa bijuti... Nothing great was ever achieved without enthusiasm.
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Rank: Member Joined: 9/18/2008 Posts: 27
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Excellent news. There is hope yet for Kenya. Marendes give Kenya a lifeline.
@Brewer and other such brothers/sisters. Let me keep this parsimonious. I will leave out the names of the individuals (which I will assume to be inconsequential) and refer only to the institutions. Arising from grave recent events,Kenya got into a unique National Accord to literally save the counrty. Two Principals were created (and all Kenyans seem to agree to that). Now that simply means we have two equal leaders. Equal in powers; equal in status; equal in salary and yes,equal in toilets. That is the principle. In reality one principal is however is using all sorts of tricks to be the major principal and diminish the other to a minor principal. Results - fragmentation of the country. Excellent decision by Marende. Indeed,the only good news we have had in a long while. A return to the spirit (note spirit and not necessarily the interpretation and legal tricks thereof) of the accord is necessary.
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Rank: Member Joined: 4/26/2008 Posts: 132
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Thank you Njunge.
No matter how many call him a coward,he can only be a coward of the country because he laid bare the way forward.
Chosing either of the two listed would have turned him into a gambler,gambling with the lives,businesses and future of Kenyans.
And honestly,although I am not a legal expert,I feel there could be no lawyers who can legally challenge his actions (conclusively).
But there are many who can challenge him politically,including 95% on SK. And this is the sad awakening,meaning that we are not out of the woods yet and the woods are threatening to burn.
Everyday!
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Rank: Member Joined: 6/3/2006 Posts: 553
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@ Njunge, Spot on The thicker the thigh the sweeter the pie. The thicker the thigh the sweeter the pie.
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Rank: Veteran Joined: 10/29/2008 Posts: 1,566
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@Njung'e Marende interprets the law and the constitution all the time in parliament for purposes of making the house run within the confines of law. He shouldnt have made yesterday the exception. If his argument were valid,then in future if another minister challenges what the president has decided,he will ask the president to consult with the minister. Marende should have said who is mandated by the law to nominate. Any other busy body purporting to nominate should have been seen for what they are,- time wasters. Raila thought the seat should have gone to him,Kibaki thought it was for him to pick,and indeed picked Kalonzo,how come after Marende decided to keep it,Raila and Co. rejoiced! I mean we are wrangling over whose apple this is. We call an abiter,who to my utter dismay,chooses to eat it himself,so that both of us go hungry. As I cry,you are busy grinning and clapping. Obviously you are the mischievous guy who didnt have any legitimate claim to the apple in the first place. Your sole goal was to spite me. Things arent always the way they look like Isuni yilu yi maa me muyo - ni Mbisuu
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Rank: Member Joined: 12/4/2008 Posts: 341 Location: Nairobi
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@Njung'e, My argument here is simply this..someone needed to break the impasse'.Now Marende had that opportunity.Whichever way he could have ruled,it would have freed the nation from this ransom. Otherwise the situation as it is will persist and its costing this nation dearly. Patience Pays in Guaranteed Checks Patience Pays In Guaranteed Checks.
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Rank: Member Joined: 11/13/2008 Posts: 147
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Which ever way you try to interprete it Marende saved the country by choosing an easy option that would see the return of normalcy in parliament,as he put it accordingly 'disperate moments call for extra ordinary measures' he was soo right,this is not business as usual it is a coalition govt that was formed coz of 'circumstances' and i see absolutely nothing wrong in his ruling after all if we stuck by the constitution after the disputed election many of us would be refugees somewhere.
sk lady
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Rank: Member Joined: 11/17/2006 Posts: 143
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We all seem to agree on one thing,Mr.marende did his best to save the situation.The prescription kenyans needed most and just on time. However its clear that the measure was temporary,and in that spirit meant to appease ours gods. The wisdom of solomon call for decisive action and nothing else. Its doesnt call for dividing the baby into halves nor does it stipulate that solomon takes the child! Marende did the latter and thats why to me he scores a zero for failure but 100% for curing the symptoms.
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Rank: Elder Joined: 2/26/2008 Posts: 4,449
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If you thought 2007 was bad,as Kriegler said,it will be like Christmas as compared to 2012 as long as we keep deferring making hard but necessary decisions.
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Rank: Member Joined: 3/20/2008 Posts: 8
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...every time i consider the I get a different interpretation - and in sum i do not see if what Marende did solved our problem as a country; and using the analogy of solomon in the good book this is why;
like Solomon i see kenya as the baby under dispute and when the question was put to the two mothers(read principals) of wheather to split this baby(kenya) - in this case both women (RAO & MK) Replied in callous unison -Kata ! so Solomon looked hard in disbelief - asked for afew days until this Tuesday- when the women went on to the streets now arguing on who is to get the right side or the left side as per the coalition agreement of sharing 50:50,- it occured to marende that maybe noe of the two women was the actual mother of kenya as non needed the country alive,so marende chose to hold onto the baby until the another mother is found-
which brings me to the next question,for how long should we kid ourselves that the colition will hold? the only to get another mother is to have mrende hold onto the baby- as we constitute an independent electral commision,redo our constituency borders,then ammend the constitution to either have a presidential system or parliamentary one the dissolve parliament and let the baby-kenya choose a mother who cares.
Having said that -We need to critically look at where marendes ruling leaves us! - are we better off now? or worse off! the ruling undermines the presidency,it decimates the constitution,it underscores the fact that leaders will continue to use violence or the threat of violence(which ever is worse to lord over whatever institutions - here i think we are worse off. -
i feel we have been collectively deceived that we very vulnerable to return to violence as happened in 07/08,i think we have learnt enough but some leaders want us to be afraid!
-my thoughts
...in dollar$ and cents the only score to keep!
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Rank: Elder Joined: 11/19/2008 Posts: 1,267
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Ecstacy et al . If you were Marende,what would you have done,given the circumstances? Like Kivuitu,say it's Kalonzo or Raila and let the country burn now? Why worry about 2012 when you are not guaranteed to get there? The underlying issues need to be addressed systematically,at least when we have a country called Kenya in the first place. Tell us what you would have done and at the same time ensure the shortterm stability of the patient (Kenya)? I mean fundamental analysis,you get me? Fundamental analysis of a business involves analyzing its financial statements and health,its management and competitive advantages,and its competitors Isaiah 65:17-Look! I am creating new heavens and a new earth, and no one will even think about the old ones anymore
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Rank: Elder Joined: 2/26/2008 Posts: 4,449
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As speaker,uphold the law. The rest is a price that has to be payed for the long term good of the nation. Following the rule of law can never be made optional.
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Rank: Elder Joined: 11/19/2008 Posts: 1,267
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Ecstacy,the law is made for the people not the other way round. I mean fundamental analysis,you get me? Fundamental analysis of a business involves analyzing its financial statements and health,its management and competitive advantages,and its competitors Isaiah 65:17-Look! I am creating new heavens and a new earth, and no one will even think about the old ones anymore
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Rank: Elder Joined: 2/26/2008 Posts: 4,449
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You miss the point again. The law made for the good of the people has not changed. Partisan political interests have. That is not sufficient in itself to suspend the rule of law.
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Rank: Member Joined: 6/3/2006 Posts: 553
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@ 254,ecstacy,smoothie,Mr Tea You share the same views. What is common amongst the 4 of you? Are you pals? The thicker the thigh the sweeter the pie. The thicker the thigh the sweeter the pie.
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Rank: Member Joined: 6/24/2008 Posts: 238
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Ngalaka spot on!
Marende has the role of interpreting the Standing Orders- the court will not do that for parliament. About the constitution and the national accord,he will not be interpreting them,he will be applying/following their letter and spirit. He does not have the luxury of postponing a decision in parliament on the pretext that it is not his role to interpret the law. Kazi yake ni kufuata sheria vile anaifeel. Effectively he interpreted the law -wrongly and mischievously- but was clever to say he was doing so for purposes of parliament alone.
My goodness gracious someone in SK still thinks Kibaki and raila are equal under the accord!
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Rank: Veteran Joined: 10/29/2008 Posts: 1,566
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And why would any ruffian fight if the ruling as based on law is not in their favour. Who'll drive sense into people,- that in any contest there must be winners and losers. If it happens to be you,you take it and live to fight another day. You dont shout fire just because things have gone against you. Staarabikeni jameni. Things arent always the way they look like Isuni yilu yi maa me muyo - ni Mbisuu
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