Prof Yash Pal Ghai,
Thank you! Your response to this legal
caricature called Samuel N Omwenga couldn't have been more apt! It
has, independently, vindicated me in more ways than one! You maintain,
justifiably, that Omwenga "has no understanding of the Constitution or
political science"; i have, myself, doggedly argued, on these forums,
that Omwenga, in fact, has no understanding of ANYTHING! I have,
consistently, argued that Omwenga is a muddled up soul who is a danger
to both himself and those whose course he imagines he is promoting!!!
Thank The Holly of hollies, that you seem to harbour kindred
concerns!!!
Unfortunately, Samuel N Omwenga has good
company in one Maurice John Oduor, another muddled up contraption who,
even when asked what time it was, would, FIRST, want to know what time
Samuel N Omwenga thinks it is!!! Together, they have created the
desperately lame joke, that whatever criticism i have of them, is
merely informed by my "hatred" of them, collectively or severally!!!
Of course, they have never found it worth their worthlessness to
demonstrate any proof of that!!!
I need not add anything to your very
learned/erudite response to Omwenga's take on the JSC and the
unfortunate advice availed to the President to react the unfortunate
way he did! I had taken pretty much the same stand here! I,
immediately, drew muddled up salvos from good old Maurice John Oduor!
As for Samuel N Omwenga, he must have, in his usual trade mark wont,
simply derided me as a "moron, a "D" student" and a "brief-case
carrier"!!!
I will NEVER fathom what newspapers, like the
"Star", see in people of Samuel N Omwenga's EVIDENT LIMITATIONS for a
columnist!!!
Nyamodi Ochieng-Nyamogo.
On 12/13/13, Samuel Omwenga <somwenga@gmail.com> wrote:
> Maurice,
>
> I just told Chifu the same thing!
>
> What you've said couldn't be more true and right on.
>
> Peace, Unity and Truth
>
> Omwenga
>
> Sent from my Samsung Galaxy Note II
> On Dec 13, 2013 4:50 AM, "Maurice Oduor" <mauricejoduor@gmail.com> wrote:
>
>> Chifu,
>>
>> I'm sorry but Yash Pal Ghai has not countered Wakili Omwenga's opinions
>> point by point. In fact he's done worse that what he accuses Wakili of
>> doing.
>>
>> He accuses, paints, labels and condemns the person of Wakili but does not
>> deal with the points Wakili made. Now I'm very disappointed in Yash Pal
>> Ghai. I've always thought he was someone that could debate !!!!!!! The
>> man
>> lacks basic debating skills.
>>
>> Courage
>>
>>
>>
>> On Fri, Dec 13, 2013 at 1:57 AM, <chifu2222@gmail.com> wrote:
>>
>>>
>>>
>>> Telling it as it is...
>>>
>>> In Defence Of The CJ And Judiciary Politics
>>>
>>>
>>>
>>> Thursday, December 12, 2013 - 00:00 -- BY PROF YASH PAL GHAI
>>> http://www.the-star.co.ke/news/article-147047/defence-cj-and-judiciary-politicsWilly
>>> Mutunga.
>>>
>>> In last Saturday's Star, the blogger and investment adviser, Sam Omwenga
>>> launched a scathing , and in my view totally unfair, attack on the CJ,
>>> Willy Mutunga.
>>> Normally I would ignore articles of this genre driven by narrow
>>> political
>>> motives, but I am responding because of the prominence given to the
>>> article, and more importantly, because what we need to deal with the
>>> most
>>> serious constitutional crisis since the new constitution, is not
>>> polemics
>>> but a sober reflection on the mandates given to the three major state
>>> institutions.
>>> Omwenga attacks the CJ for having failed to promote judicial reform,
>>> fending off "powerful forces". He is under siege and must make room for
>>> another CJ. He says that the CJ has lost the confidence of the people.
>>> Onwenga has no understanding of the constitution or political science.
>>> His article is a meaningless and spiteful rambling, full of
>>> inconsistencies and non-sequiturs. He provides no evidence for sweeping
>>> statements.
>>> There is no analysis of the role of the judiciary in Kenya's political
>>> and constitutional system; no understanding of political and judicial
>>> reform that the constitution requires.
>>> He has no understanding or respect for the different roles of principal
>>> state institutions (particularly the delicate and crucial role of the
>>> judiciary in a regime of the rule of law), and the intricate relations
>>> between them.
>>> It is as if his sole mission is to discredit the CJ, using highly
>>> abusive
>>> language.
>>> He accuses CJ of "good old dirty politics" without telling us what they
>>> are. Arrogantly, he tells him to resign, for "the benefit of the
>>> nation".
>>> He thus shows himself as partisan, carrying out the mission of those who
>>> are determined to undermine judicial reform. Unfortunately for them, and
>>> fortunately for us, this man has few skills for this "mission".
>>> Contrary to what says, the CJ is not spending all his time fending off
>>> "powerful forces", whoever they may be. But he is fending off the
>>> powerful
>>> forces that are undermining the constitution, as he must as the head of
>>> the
>>> judiciary.
>>> He may be under siege but that is not of his doing, but people to whom
>>> Omwenga seems partial.
>>> Contrary to what Omwenga says, the C J has indeed brought "a breath of
>>> fresh air, new ideas, resolve and no strings attached to the very rotten
>>> judiciary we had then" (his words). He has worked tirelessly to generate
>>> a
>>> new spirit among the judges of serving the people. The quality of
>>> justice
>>> has increased markedly since he became the CJ. It is this engagement of
>>> the
>>> judiciary with justice as defined in the constitution that has worried
>>> the
>>> likes of Omwenga.
>>> As to his inconsistencies and non-sequiturs, he says that we cannot have
>>> someone under "siege as the CJ", and then rather oddly refers to the ICC
>>> decision to allow the president to appear via video in his trial—the
>>> connection escaped this reader.
>>> He goes on to prescribe that the JSC should be disbanded. He also says
>>> that the president's decision to appoint the tribunal to enquire into
>>> the
>>> conduct of six commissioners was correct and that of the court
>>> challenging
>>> the decision was wrong—without any analysis of the constitution which
>>> governs this matter.
>>> He has already made up his mind that the six commissioners are guilty:
>>> "if the evidence is half as bad as it's been reported, then all of them
>>> should be sacked and the staffing of the judiciary be completed
>>> overhauled".
>>> Only someone who has no understanding or regard for due process or the
>>> organisation of the judiciary could make such a statement. He makes
>>> another
>>> odd remark, that while the JSC is re-organised or scrapped, "its work
>>> can
>>> be delegated to the administration arm of the Judiciary or shared
>>> elsewhere, including the appropriate select committees of the Senate or
>>> Parliament as the case may".
>>> Then he goes on to say equally absurdly, "We do not need the JSC as its
>>> functions can easily and more cost effectively be handled by the Supreme
>>> Court itself working in tandem with the Law Society of Kenya with
>>> oversight
>>> from the National Assembly"
>>> In the same sentence he says that the judiciary is in the same rotten
>>> state as before and then goes on to say that "significant reforms have
>>> taken place in the judiciary despite the mess it is in now"—and having
>>> earlier stated that no progress was possible under Willy Mutunga.
>>> The giveaway line is this: "A good testament of this is the very JSC
>>> mess
>>> whereby a judge, has in fact, issued an injunction preventing an order
>>> by
>>> President Uhuru Kenyatta from being given effect. Ask yourself, would
>>> this
>>> have been possible during the late President Jomo Kenyatta's time or
>>> even
>>> during former President Daniel Arap Moi's reign".
>>> This statement tells us a lot about Onwenga, apart from his somewhat
>>> muddled mind.
>>> He wants CJ removed so that judicial reform can take place, and yet he
>>> hankers after the lawless days of J Kenyatta and D Arap Moi.
>>> What with Uhuru's admiration for Moi's style of ruling (disclosed
>>> courtesy of Wikileaks) and the invocation of Moi by Omwenga, we are
>>> clearly
>>> headed for difficult and troublesome times.
>>> The author is a director of the Katiba Institute.
>>>
>>> - See more at:
>>> http://www.the-star.co.ke/news/article-147047/defence-cj-and-judiciary-politics#sthash.TUPR1mD7.dpuf
>>>
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