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why do i vote YES for Kenya proposed constitution
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muganda
#51 Posted : Wednesday, May 05, 2010 5:47:27 AM
Rank: Elder

Joined: 9/15/2006
Posts: 3,907
@slammers are you still with us? smile

Chapter 6: Leadership and Integrity
How aptly titled this chapter is; a true reflection of the aspirations of the Kenyan people. Or perhaps an indication of the lack of integrity in present times - no such chapter in the current constitution


point 15: Authority assigned to a State officer is a public trust to be exercised in a manner that is
-consistent with the constitution,
-demonstrates respect for the people,
-brings honour and dignity to the office,
-and promotes public confidence in the integrit of office

Guiding principles for leadership and integrity include
-selection on basis of personal integrity, competence..
-objectivity and impartiality in decision making
-selfless serice based solely on the public interest..
-accountability to the public for decisions and actions..
-discpline and commitment in service to the people



point 16: (75) State office shall behave in a manner that avoids any conflight of interest. A person removed from office from contravention of appropriate conduct is disqualified from holding any state office.


point 17: (76) Gift or donation to a state officer is a gift or donation to the Republic and shall be delivered to the state.
A state officer shall not maintain bank account outside Kenya except in accordance with an act of parliarment...

(77) A full time state officer shall not participate in any other gainful employment; shall not hold office in a political party; if receiving pension from public funds shall not accept more than two positions as chairperson/director/employee of 'parastatal' or state organ

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  | | Edit by user: Wednesday, May 05, 2010 5:52 AM | Reason: spacing
wasee
#52 Posted : Wednesday, May 05, 2010 5:51:26 AM
Rank: Member

Joined: 2/5/2010
Posts: 273
Location: NBI
aemathenge wrote:


For the record, I have not registered and I do not intend to until after 2012.


@aemathenge If you dont have one then you are not qualified to comment/ask anything on the katiba or leadership!
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Brewer
#53 Posted : Wednesday, May 05, 2010 6:16:51 AM
Rank: Member

Joined: 6/24/2008
Posts: 238
Muganda, have you considered starting another thread titled "Download Draft Here" or something like that?
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masukuma
#54 Posted : Wednesday, May 05, 2010 6:38:42 AM
Rank: Elder

Joined: 10/4/2006
Posts: 13,823
Location: Nairobi
@muganda, sorry to drag you back. the foreigners we are talking about have already gotten Kenyan citizenship.
but there is a list of criteria to satisfy including being in the country for 7 years e.t.c.
please proceed.
All Mushrooms are edible! Some Mushroom are only edible ONCE!
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aemathenge
#55 Posted : Wednesday, May 05, 2010 7:05:17 AM
Rank: Elder

Joined: 10/18/2008
Posts: 3,434
Location: Kerugoya
@Wazee,

Oh, really? Watch me.

Incidently, I was invited to assist in IT for IIEC in our area but I pointed out I have not registered and do not intend to. I was adviced that that would infact be an advantage in that I would be impartial, their word, not mine.

Would you also be kind enough and point out which part of the constitution that makes it compulsory to register as a voter?
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poundfoolish
#56 Posted : Wednesday, May 05, 2010 7:34:09 AM
Rank: Elder

Joined: 12/2/2009
Posts: 2,458
Location: Nairobi
wasee wrote:
aemathenge wrote:


For the record, I have not registered and I do not intend to until after 2012.


@aemathenge If you dont have one then you are not qualified to comment/ask anything on the katiba or leadership!


As it has often been aptly put

If you dont own cattle, why bother attending a cattle dip meeting?

"kama hauna ng'ombe, mikutano ya kamitii ya cattle dip, unaenda kwa nini?"
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Mpenzi
#57 Posted : Wednesday, May 05, 2010 7:37:28 AM
Rank: Veteran

Joined: 10/17/2008
Posts: 1,234
Obi 1 Kanobi wrote:
Mpenzi wrote:
@Wendz and chepkel

If an appeal arises from a matter heard in the first instance by the Kadhi's court, the High Court or the Court of Appeal, as the case may be, has to examine and apply the law that was applied in arriving at the Kadhi's court decision ie Islamic law. But at that appellate level, the court is not sitting as a Kadhis court by as the High Court or the Court of Appeal in which case there is no issue of a Kadhi determining the appeal.But a Kadhi or other expert in Islamic law may be called, not to give an interpretation, but as a witness to give evidence on Islamic law in question. The appeal judge or judges then determine the appeal on their own.

As a point of addition, law schools in Kenya do incorporate a bit of Islamic law in their curricula particularly in the Family Law and Succession course, as it is expected that the students will later on need such knowledge as lawyers or as judges.


@Mpenzi, Wendz and chepkel

From my understanding, if one apeals the decision of a Kadhi court, then I thot the case going forward is determined under the Kenyan laws and the Islamic laws are henceforth discarded.


@Obi 1 Kanobi You are wrong. There is no way a case determined under Islamic law on marriage, for example, can then be determined under the Marriage Act on appeal - that would be total confusion.
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Wendz
#58 Posted : Wednesday, May 05, 2010 7:49:16 AM
Rank: Elder

Joined: 6/19/2008
Posts: 4,268
Mpenzi wrote:
[quote=Obi 1 Kanobi]

@Obi 1 Kanobi You are wrong. There is no way a case determined under Islamic law on marriage, for example, can then be determined under the Marriage Act on appeal - that would be total confusion.


@Mpenzi

Obi is right. remember i said i consulted a lawyer yesterday? His explanation was, when you fail to agree at the kadhi courts and you move your case to the Court of Appeal or High court whichever it is, then you have in essence decided not to be bound by kadhi court anymore and have agreed to be bound by another law (the law of the land) so in that case, the law of the land (and not the kadhi laws)applies. So essentially, kadhi courts and islamic law stop being applied once you move your case to high court or court of appeal and you agree to be bound by the laws you have sort to use to determine your case. The two laws cant be applied together, apparently - May be to avoid contradiction.
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  | | Edit by user: Wednesday, May 05, 2010 7:53 AM | Reason: Not specified
2012
#59 Posted : Wednesday, May 05, 2010 12:24:39 PM
Rank: Elder

Joined: 12/9/2009
Posts: 6,592
Location: Nairobi
aemathenge wrote:
For the record, I have not registered and I do not intend to until after 2012.


Not to worry, we'll be making decisions for you just don't come complaining after...

BBI will solve it :)
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Jaina
#60 Posted : Wednesday, May 05, 2010 1:16:08 PM
Rank: Member

Joined: 5/13/2008
Posts: 558
How fast do kenyans forget.
Less than 3 yrs ago, people killed others for "voting"

Now i see we seem to have forgotten the reasons and are back at it again. Arguing with passion or lust for or aganist the draft. While at it we demonise those who have opted to abstain or taking a different path from our own.

Everybody has a reason as to why they have taken the path that they have chosen "in their own intrest". Why is it so difficult to respect that??.

Just a reminder: Kenya ina wenyewe.
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