Saturday 14 December 2013

[wanabidii] Re: Yash Ghai responds to Omwenga ouch!!!

Mr Samuel N Omwenga,
I presume the "moron and D student",
according to you, again, is myself! I don't seem to get it, though!
What "trap specifically set for morons" have i "walked into"?! Might
you be about to suggest, which would not be unlike you, that Prof Yash
Pal Ghai's article in response to your legal mumbo jumbo was, itself,
a hoax! That's all i wrote about! And what is this new word,
"uncluded"???!!! You card-shuffling-star-gazing confidence
trickster!!!

As i said, i've no wish to add
anything to what Prof Ghai has, so competently if authoritatively,
written because i had told you exactly the same stuff earlier on your
very same pseudo-legal scribble!!! Just respond to the good professor
or, as is your wont, simply dismiss him as a "moron and D student"!!!
As for your side-kick in ignominy, Maurice John Oduor, the less i say
about him the better!!!
Nyamodi Ochieng-Nyamogo.


On 12/14/13, Judy Miriga <jbatec@yahoo.com> wrote:
>
>
>
> I
> hear you Maurice, we shall only debate those names in the Government. We
> shall
> not even ask "Investment Advisor" to
> who or through which Government, private company or NGO or even want to
> know
> whether the investments will involve public finance, taxpayer funds, land
> or
> interest??
>
> Where
> shall we put this monster of Transparency and Accountability to
> justification??? What about if Judiciary decides to bring the
> pending packages of the cases forward, will the court be allowed to call
> names
> to prefer judgment on these most powerful politically correct to
> justice??? The spanner is at work
> creating opportunity for politically correct and the Judiciary cannot afford
> to
> slake, and it is this Judiciary that must have public trust..............It
> is Business as Usual.......and I felt that this debate will
> provide"Fresh Air" and it is very important to consider factors that
> has played major rolls in Community Welfare now and in the past and those
> that have given backbone to the Social Community Welfare and stop politics
> from interfering with basics
> of life. The NGO Bill is faulty and
> public need to engage to secure and protect its
> interests...........thus..........."A public benefit organization
> shall not receive more than 15 per cent of its total funding from external
> donors,"..........and unless we debate
> genuinely, no fair solution shall be met.
>
> Again,
> if this debate is restrictive, I wonder why the Press felt the need to add
> the
> name in reference, and if that is the case, we may never know why things
> are
> the way they are in Kenya and what take-a-way people should consider in this
> debate or the
> lesson learned that are expected to offer focus or derive new thinking.
>
> Shall
> this debate throw some light that would lead to a lasting resolution for
> onward
> strategy or it has just simply been given a natural death???
>
> Are Kenyans' security, livelihood and survival guaranteed and shall the
> Judiciary be free without politically correct interfering with its smooth
> functioning ???
>
> Judy Miriga
> Diaspora Spokesperson
> Executive Director
> Confederation Council Foundation for Africa Inc.,
> USA
> http://socioeconomicforum50.blogspot.com/
>
>
>
>
> Anglo-leasing allegations ruined my life, says former minister Chris
> Murungaru
> Updated Wednesday, November 20th 2013 at 10:46 GMT +3
> By Wilfred Ayaga
> Nairobi, Kenya: Former Internal Security minister Chris Murungaru has
> recounted the tribulations that he suffered after allegations were made
> linking him to the Anglo-leasing scandal.
> Dr Murungaru said the damning allegations ruined his political and private
> life, leading to his being dropped from the Cabinet and losing the Kieni
> parliamentary seat, and recently the Nyeri senatorial position.
> Murungaru told Justice David Onyancha that a dossier prepared by former
> Governance and Ethics Permanent Secretary John Githongo, in which he was
> accused of involvement in the awarding of dubious security contracts, was
> designed to destroy him and ruin his reputation.
> Murungaru accused Githongo of engineering a campaign that saw him lose the
> parliamentary seat. He said apart from suffering political setbacks, he was
> also ridiculed by the media and the public.
> "The contents of the report had a devastating effect on my political career.
> A man who had been elected twice in Kieni Constituency in a landslide win
> lost his re-election in 2007 to a little known new comer," Murungaru told
> the court.
> The former minister was testifying in a case in which he has sued Githongo
> for defamation for linking him to the Anglo-leasing scandal.
>
>
>
> NGOs want benefits Bill recalled
> Updated Wednesday, November 20th 2013 at 23:20 GMT +3
> By RAWLINGS OTIENO
> Non-governmental organisations (NGOs) now want the proposed Public Benefits
> Organisation Amendment Bill that is currently before the parliament
> recalled.
> International Policy Executive Director Fazul Mohammed said although they
> support the Bill, there are clauses in the proposed law that claw-back on
> the gains made in the NGO sector.
> "We are in agreement that the proposed amendments are good, but we feel some
> of the clauses will be retrogressive if passed in its current form. We want
> the Bill to be recalled first and let's give dialogue a chance," said
> Fazul.
> Speaking to the Press on the sidelines of the NGO consultative forum in
> Nairobi yesterday, Fazul said the Government should not limit the amount of
> money the organisations can get from donors.
> The controversial sections are contained in the Statute Law (Miscellaneous
> Amendments) Bill, 2013, and amendments to the Public Benefits Organisations
> Act, 2013 (No 18 of 2013).
> "A public benefit organisation shall not receive more than 15 per cent of
> its total funding from external donors," state Section 27 A (2) of the Bill.
> On the other hand, section 27A (1) States: "Any funding of a public benefit
> organisation shall be made through the federation and not by an individual
> members' organisation."
> The group also sees a sinister motive in the provision that all the money
> coming in as a donations should come through the proposed National
> Federation of NGOs, a body proposed to take over from the NGO Council.
> "We fail to understand why the Government would want all the money to go
> through one entity. This should be amended," added Fazul.
>
>
>
> ----- Forwarded Message -----
> From: Maurice Oduor <mauricejoduor@gmail.com>
> To: Judy Miriga <jbatec@yahoo.com>
> Cc: "progressive-kenyans@googlegroups.com"
> <progressive-kenyans@googlegroups.com>; "wanakenya@googlegroups.com"
> <wanakenya@googlegroups.com>; Mabadiliko
> <mabadilikotanzania@googlegroups.com>; Change Mombasa
> <changemombasa2012@yahoogroups.com>; KOL <kenyaonline@yahoogroups.com>;
> Kiswahili <Kiswahili@yahoogroups.com>
> Sent: Friday, December 13, 2013 3:26 PM
> Subject: Re: Fw: [PK] Yash Ghai responds to Omwenga ouch!!!
>
>
>
> Judy,
>
> Please don't bring Raila's name into this. Raila is not in government.
>
> If you want to debate this issue in good faith, then focus on Omwenga's
> piece and critique it point by point.
>
> Courage
>
>
>
>
> On Fri, Dec 13, 2013 at 3:22 PM, Judy Miriga <jbatec@yahoo.com> wrote:
>
> Maurice Oduor,
>>In
> the Judiciary, Mutunga was elected through a peoples' panel threshold in a
> vetting
> process according to Responsibility and Integrity mandate.........in
> compliance
> with the Reform Accord process.
>>In
> the Executive, Raila, Uhuru, Ruto and them all in the Police force and
> Uhuru
> Administration leadership did not comply with proper threshold procedure
> according to Reform Accord and for that matter did not go through the
> required
> scrutiny to answer hard questions under the properly laid down Legal Panel
> for
> threshold mandate as per the law demands in compliance for Responsibility
> and
> responsibility to ascertain credibility and be allowed to pass the test of
> a
> clean bill of record before getting certificate for clearance thus:
>>1.
> They played politics and evaded to declare their wealth
>>2.
> they played double deal in the Conflict of Interest and violated and abused
> public office and were not cleared
> from crimes against humanity
>>3.
> Public Finance and Economic plunder of public wealth and resources are in
> free
> flow dished out without proper order and in the mis-use, sneaky irregular
> and
> illegal transfers to private and personal accounts and investments,
> squandering,
> misappropriation and mismanagement of public
> funds in Mega Scandals with cover-ups to avoid justice.
>>4.
> The irregular trading, unconstitutional sale and illegal occupation of
> public
> land with displacing and forcefully evacuating
> rightful people from their land into homeless and to abject poverty is a
> serious
> crime of injustices without due care for Human Rights Dignity, Respect or
> honor
> humanity values and virtues.
>>5.
> Obstruction of justice in major cases that involved scandals of Goldenberg,
> Anglo-leasing, Triton scandal, NHIF with Clinix scandal, Kenya Railways,
> Migingo, Siaya Dominion Farm with 2,000 South Nyanza family forced out of
> their
> land etc., list is long are just cases in waiting that these executives
> were
> involved in 100%……but the politically correct machine is in full play to
> obstruct justice which is why, Mutunga became a target goose for roasting
> in
> the Judiciary so to cover-up injustices of the Politically correct Agents
> of
> the Executives, the Police and the Government Administration.
>>6.
> Public Account Budget became a Special Interest Mandate preference, treated
> like private or family business and not that is constitutionally mandated to
> primarily
> serve peoples interest for which they were elected to public office
>>In
> other words, going according to the Reform Accord, the Judiciary
> Establishment
> Set-up was properly constituted according to the Change for Reform Accord
> the
> people wanted and individuals were supposed to be thoroughly dissected for
> clearance without exception ……… and as compared to those of the Executives,
> the
> Police Force and in the leadership of Administration, the Judiciary was
> outstanding of them all.
>>If
> the two (the Judiciary and the Executive) were put to a weighing scale and
> to
> avoid scandalous cancer of corruption to continue destroying the Reform for
> Change
> that was expected to take effect in a Plan of Action for public Service
> Delivery in People's Government, Judiciary stand a better chance compared
> to
> the Executive.
>>Judiciary
> is on track to Reform than the rest of other Court of Arm of Kenya who must
> face a review and recall by the people for re-appointment. There are
> tangible progress that the Judiciary have made compared to the
> rest Court of Arm of Kenya. Omwenga did not make a case on the failures the
> Executives, the Police and the Administration leadership to public service
> delivery and the cronic cancer that dented Public Finance, Wealth and
> Resources in major scandals that have robbed the country into trillion of
> dollars and the same are transferred to private and individual accounts
> overseas. He has not spoken about how to recover public stolen funds,
> wealth and resources, neither did he speak about the rising public debt and
> swindling of taxpayer that are pushing people to extreme poverty
> situation.......No, he did not, why, because he is biased. He is watching
> on the side where his bread is battered.
>>
>>Because of this imbalance in Omwenga's press statement, it is not possible
>> to theorize the statement to feature on pros and cons as that for and
>> against on equal level, except, this type of statement is prone to
>> challenge and attack.
>>Therefore,
> if Samwel Omwenga was objective in his approach, he aught to have been
> level
> headed in his statement and to be precise, more specific and clear in his
> reasoning which I saw as a cooking up blame to demand for Resignation for
> Mutunga in the engineered Judicial failure..........(the case in question
> is
> not even determined yet)........but since Omwenga did not present a balanced
> narrative,
> it prompted Prof. Yash Ghai to respond in the same category although he
> however
> gave Omwenga a very fitting analysis and even questioned the standing of
> Samwel
> Omwenga's Legal Knowledge and understanding.............and therefore,
> demanding us to engage in the fashion of a school debate here is neither
> here
> nor there.
>>Prof.
> Yash Ghai statement in response to Omwenga's is fittingly cut according to
> size, it is analytic, factual, up to the point and very generous to Samwel
> Omwenga's outfit implications.
>>Judy Miriga
>>Diaspora Spokesperson
>>Executive Director
>>Confederation Council Foundation for Africa Inc.,
>>USA
>>http://socioeconomicforum50.blogspot.com/
>>
>>
>>
>>==========
>>
>>
>>
>>
>>In Defence Of The CJ And Judiciary Politics
>>
>>Thursday, December 12, 2013 - 00:00 -- BY PROF YASH PAL GHAI
>> Willy 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.
>>
>>
>>
>>
>>Chief Justice Willy Mutunga Should Resign
>>
>>Saturday, December 7, 2013 - 00:00 -- BY SAM OMWENGA
>>
>>Many people must be scratching their heads wondering why on earth Chief
>> Justice Willy Mutunga is in a hot seat especially with Jubilee barely a
>> few months after he led the Supreme Court in making a decision in the
>> ruling coalition's favour.
>>Some of the woes Chief Justice Mutunga is facing existed even before he
>> took over at the Supreme Court but many are largely his own making.
>>The irony of this is that CJ Mutunga was supposed to lead a new, reformed
>> judiciary or at least one on the path to greater reform.
>>Those who pushed for his appointment as Chief Justice argued that as an
>> outsider with a civil society background, Mutunga would bring a breath of
>> fresh air, new ideas, resolve and no strings attached to the very rotten
>> judiciary we had then.
>>
>>This was at least what this writer and others came to understand and
>> believed to have been the reasons why former Prime Minister Raila Odinga
>> and his allies did not oppose the appointment.
>>
>>Indeed, given Mutunga had more in common with Raila than former President
>> Mwai Kibaki, the appointment was seen by many as a significant win for
>> Raila in the then ongoing power tussles between the PM and the President.
>>
>>Ask anyone of those who so believed what they think of the Chief Justice
>> now. You are likely to be hit with unprintable epithets even before you
>> finish asking the question.
>>
>>To be sure, it's not an exaggeration or in bad faith to say Chief Justice
>> Mutunga has gravely and extremely disappointed Kenyans in the way he has
>> handled himself as Chief Justice and President of the Supreme Court.
>>
>>He has at a minimum squandered all the goodwill Kenyans accorded him to do
>> the right thing in reforming the judiciary. Therefore, the right thing for
>> him to do now is to simply resign and give the country an opportunity to
>> jump start the reforms that were underway when he was appointed. The
>> reforms appear to be stalling with the ongoing power struggles within and
>> outside the judiciary.
>>Even those Kenyans who remained with the Chief Justice after the March
>> elections surely must find it wanting that our Chief Justice is spending
>> nearly all of his waking time fending off 'powerful forces' within the
>> judiciary and unnamed 'elites' he can only advise to take their "shit"—his
>> word, not mine—elsewhere.
>>
>>There is no evidence that his fight against these powerful forces and
>> elites is for the benefit of the nation. Every indication is, it's nothing
>> but good old dirty politics which the Chief Justice should have ended
>> instead of putting himself squarely in the middle as he has repeatedly
>> done.
>>If this is not a manifestation of someone under siege, nothing else can
>> be.
>>
>>We, however, can't afford to have someone under siege heading our
>> judiciary. Especially during this time when we're dealing with other
>> uncertainties related to the ICC, one hopes the worst is behind us with
>> the recent compromise making it possible for the President to appear via
>> video link.
>>Along with the Chief Justice resigning, the Judicial Service Commission
>> should be disbanded and reconstituted or entirely scrapped.
>>
>>In fact, the latter should happen first, namely, the reconstitution or
>> altogether the scrapping of the JSC. President Uhuru Kenyatta's move to
>> suspend the six commissioners was constitutional and and the court was
>> wrong to overturn it.
>>
>>If the evidence is half as bad as it's been reported, then all of these
>> commissioners should be sacked and the management and staffing of the
>> Judiciary be completely overhauled.
>>Meanwhile, if Chief Justice Mutunga does the right thing and resigns,
>> Deputy Chief Justice Kalpana Rawal can temporarily take over his duties
>> while the JSC is either reconstituted 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 maybe.
>>Granted, it will take amending the constitution to accomplish this but it's
>> worthwhile an endeavor than continuing on the path we're on that promises
>> nothing but further conflicts and mismanagement at the Judiciary.
>>We don't 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.
>>When you have a member of the JSC bragging how he made the Chief Justice
>> and how therefore the Chief Justice should be beholden to him, you know we
>> still have a rotten system in place. It is no different from what we had
>> in place before the appointment of Dr Willy Mutunga as Chief Justice and
>> President of the Judiciary.
>>That being said, it should be noted that significant reforms have taken
>> place in the Judiciary despite the mess it's in now with the ongoing power
>> struggles.
>>A good testament of this is this 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?
>>The point is, yes, we have made great progress to be where we are in terms
>> of judicial and governance reforms but more must be done if we are to come
>> close to fully enjoying the fruits of independence.
>>However, these reforms can only continue to advance with the right people
>> in key positions. We have the wrong person heading the judiciary and it's
>> for this reason he should resign or be replaced.
>>
>>
>>=============
>>
>>
>>
>>----- Forwarded Message -----
>>From: Maurice Oduor <mauricejoduor@gmail.com>
>>To: Progressive Kenyans <progressive-kenyans@googlegroups.com>
>>Cc: "wanakenya@googlegroups.com" <wanakenya@googlegroups.com>; Change
>> Mombasa <changemombasa2012@yahoogroups.com>; Mabadiliko
>> <mabadilikotanzania@googlegroups.com>
>>Sent: Friday, December 13, 2013 12:30 PM
>>Subject: Re: [PK] Yash Ghai responds to Omwenga ouch!!!
>>
>>
>>
>>Judy,
>>
>>I'm sure you did some debating in Primary and Secondary schools.
>>
>>Do you remember such topics
> in Primary as:
>>
>>"Agriculture is more important than Education" ?
>>
>>You come in, state whether you agree with the motion or not, and you give
>> your points why you support whichever side.
>>The opponent then comes in and either gives his/her reasons for disagreeing
>> with YOUR POINTS or he/she simply also lays down his/her points one by one
>> why he/she supports or opposes the motion.
>>
>>Wakili Omwenga made his points but the Professor has not countered a single
>> one. The other people supporting the professor are just attacking Wakili's
>> person but not his points. Bure kabisa !!!!!
>>
>>
> Courage
>>
>>
>>
>>
>>
>>On Fri, Dec 13, 2013 at 1:22 PM, Judy Miriga <jbatec@yahoo.com> wrote:
>>
>>
>>>
>>>Maurice,
>>>
>>>
>>>Can you explain to us what type of statement we are making
>>>if it is not a debate......Tell us specifically where we are wrong
>>>and why you think ours/mine is not a debate. Define a debate
>>>for us to understand please so we are able to engage in this
>>>important debate and why you think I am wrong.
>>>
>>>
>>>Judy Miriga
>>>Diaspora Spokesperson
>>>Executive Director
>>>Confederation Council Foundation for Africa Inc.,
>>>USA
>>>http://socioeconomicforum50.blogspot.com/
>>>
>>>Meaning of a Debate:
>>>VERB:
>>> 1. To consider something; deliberate.
>>> 2. To engage in argument by discussing opposing points.
>>> 3. To engage in a formal discussion or argument.
>>> 4. To fight or quarrel.
>>> 5. To deliberate on; consider.
>>> 6. To dispute or argue about.
>>> 7. To discuss or argue (a question, for example) formally.
>>> 8. To fight or argue for or over
>>>NOUN:
>>> 1. A discussion involving opposing points; an argument.
>>> 2. Deliberation; consideration.
>>> 3. A formal contest of argumentation in which two opposing teams defend
>>> and attack a given proposition.
>>> 4. Conflict; strife.
>>>Derivative action:
>>>A motion was bassed without sufficient debate.
>>>A primary right to seek redress of legal grievances is through the courts.
>>> The procedure to be followed in such an action is governed by the rules
>>> of Public Mandate stipulated in the Constitution to serve as the Law
>>> guiding principles as applicable.
>>>
>>>
>>>=============================
>>>
>>>
>>>Maurice,
>>>I guess here you and Omwenga are wrong.Prof. Yash Pal Ghai is right.He may
>>> have not put his points in sequel or in sequence order, but the fact
>>> remains that he told it like it is.
>>>A Debate by all standards is challenging thoughts and putting opposing or
>>> disputed facts across to be understood in different perspectives and this
>>> is what Prof. Ghai has done and they don't have to be inherently
>>> sequential.
>>>Simply put, there were no circumstantial logics for interference,
>>> overrulling or by inferential analysis to counter the Judicial process
>>> from arriving at some conclusion that, though it is not logically
>>> derivable (to reach by reasoning) from the assumed premises, (before
>>> hearing and investigation is complete), to posses and determine some
>>> degree of probability relative to the cause or problem they had at
>>> hand…….cutting short the Judicial process prematurely by The Executives
>>> or otherwise and being subjected to a panel for dismissal is neither here
>>> nor there.
>>>The truth of the matter remains that you can take to the bank is that,
>>> Samwel Omwenga and the President with Parliamentarians saw an opportunity
>>> (when problem occurred in the judiciary) for a conspiracy to hijack the
>>> Judicial process to dismiss it and inflict their sequester to function in
>>> the Judiciary..............One thing the Omwengas theories dont
>>> understand is that, the Judiciary are better placed and has more powers
>>> to interpret the Law than the Executives, and their system of work is not
>>> determined neither can they be ordered by the Executives. In other
>>> words, they do not work under the Executives supervision.........as a
>>> matter of facts, they are independent and all they can do is collaborate
>>> for exchange of information and transfer of files to determine and
>>> establish facts for case references.
>>>Therefore, the Law is clear (this is what Prof. Yash Ghai is explaining)
>>> no one not even the President has a right to change the law to suit their
>>> way or interest, and that, the Law is clearly stipulated, that No One,
>>> not even the President has authority to interfere with the Institution of
>>> the Judiciary before apparatus of the same is left to be exhausted by the
>>> Institution of the Judiciary, to determine failure of justice or
>>> otherwise in whichever case they had at hand, before the Judiciary can be
>>> dismissed, considered useless or are rendered Know-nothing imbecile or
>>> jackass.
>>>Your thought...................!!!!!!!!!!!!!!
>>>Judy Miriga
>>>Diaspora Spokesperson
>>>Executive Director
>>>Confederation Council Foundation for Africa Inc.,
>>>USA
>>>http://socioeconomicforum50.blogspot.com/
>>>
>>>
>>>===============================
>>>
>>>
>>>
>>>----- Forwarded Message -----
>>>From: Maurice Oduor <mauricejoduor@gmail.com>
>>>To: "wanakenya@googlegroups.com" <wanakenya@googlegroups.com>
>>>Cc: progressive-kenyans <progressive-kenyans@googlegroups.com>; NVK-M
>>> MAGEUZI <nvk-mageuzi@yahoogroups.com>; "kenyaonline@yahoogroups.com"
>>> <kenyaonline@yahoogroups.com>; the last word to kenya
>>> <thelastwordtokenya@yahoogroups.com>; Kenya Canada
>>> <kenya-can@yahoogroups.com>; uchunguzi online
>>> <uchunguzionline@yahoogroups.com>; Kiswahili <kiswahili@yahoogroups.com>;
>>> Africa-Oped <africa-oped@yahoogroups.com>; VVM Vuguvugu Mashinani
>>> <VuguVuguMashinani@yahoogroups.com>
>>>Sent: Friday, December 13, 2013 11:35 AM
>>>Subject: Re: [PK] Re: [KOL] Yash Ghai responds to Omwenga ouch!!!
>>>
>>>
>>>
>>>KM,
>>>
>>>All the people commenting on this do not understand what debating entails.
>>> Prof Yash Pal Ghai has not countered a single point that Wakili made. All
>>> he has said is that "Wakili is wrong". If this were a courtroom, the
>>> judge would kick the good professor out of the courtroom in 2 min with a
>>> warning to never ever waste the court's time with such shallow stuff.
>>>
>>>I can understand that most people attacking Wakili right now simply hate
>>> him as a person. That's not Wakili's problem. It's the haters' problem.
>>> If I were Wakili, I would not even respond to these people.
>>>
>>>Courage
>>>
>>>
>>>
>>>
>>>
>>>On Fri, Dec 13, 2013 at 8:55 AM, Kuria-Mwangi <kjmwangi@gmail.com> wrote:
>>>
>>>Khaguli
>>>>Wacha uchokozi mzee. Hii maneno na mazito. Tumepata kabahati ka Jamhuri,
>>>> Early Christmas and new year from our legal department. I was getting
>>>> disappointment that we would see X-mass and New Year without even a
>>>> small war but thanks Ghai (It is Ngai in Gaturi), moto ume waka na moto
>>>> ni kazi ya Ngai.
>>>>
>>>>
>>>>Marungu bado. hii ni Manyumanyu. tu
>>>>
>>>>
>>>>
>>>>
>>>>On Fri, Dec 13, 2013 at 8:36 AM, khaguli maurice <mkhaguli@yahoo.com>
>>>> wrote:
>>>>
>>>>
>>>>>Finally, I will only say"Amen"!Okil relax.
>>>>>We stand to emphasize the truth, truth is one!
>>>>>
>>>>>
>>>>>------------------------------
>>>>>
>>>>>On Fri, Dec 13, 2013 5:21 AM PST Samuel Omwenga wrote:
>>>>>
>>>>>>You moron and D student you've walked into a trap I specifically set
>>>>>> for
>>>>>>morons like you.
>>>>>>
>>>>>>My response to Chifu was very specific and I deliberately uncluded a
>>>>>> fact
>>>>>>Chifu and others I communicated privately know about my ailing mother
>>>>>> just
>>>>>>to see your response.
>>>>>>
>>>>>>Next time brother Okil simply pause or let it be.
>>>>>>
>>>>>>Provide your # privately and I'll have my people arrange for you to
>>>>>> meet me
>>>>>>while I am on the ground.
>>>>>>
>>>>>>You may learn a thing or two and I offer you this in the spirit of
>>>>>> Madiba
>>>>>>who if anything stands for the proposition conflict and hate will
>>>>>> always be
>>>>>>there but it's love and forgiving that will overcome both.
>>>>>>
>>>>>>You can quote me on that forever.
>>>>>>
>>>>>>Peace, Unity and Truth
>>>>>>
>>>>>>Omwenga
>>>>>>
>>>>>>Sent from my Samsung Galaxy Note II
>>>>>>On Dec 13, 2013 7:50 AM, "Nyamodi Ochieng Nyamogo" <
>>>>>>okil@nyamogoadvocates.com> wrote:
>>>>>>
>>>>>>> Ye All,
>>>>>>> Yash Pal Ghai, an acknowledged/acclaimed Professor of law,
>>>>>>> has now spoken in pretty much the same way i've done about this
>>>>>>> peacock of a "lawyer"; let's wait and see if he'll dismiss the
>>>>>>> professor, as well, as simply a "D" student!!!
>>>>>>>
>>>>>>> In all fairness, it must NEVER be lost on us that Samuel N
>>>>>>> Omwenga left law school and, within a record four short years, was
>>>>>>> DISCOVERED, by a regular tribunal, to be a petty thief who happened
>>>>>>> to
>>>>>>> have passed through law school!!! That is all the "experience", if
>>>>>>> it
>>>>>>> pleases you to call it one, that this Samuel N Omwenga has in the
>>>>>>> field of practical relationship with law!!!
>>>>>>> Nyamodi
>>>>>>> Ochieng-Nyamogo.
>>>>>>>
>>>>>>> On 12/13/13, Kuria-Mwangi <kjmwangi@gmail.com> wrote:
>>>>>>> > Thanks Chifu for sharing. This is hot, this is good and so it need
>>>>>>> > to go
>>>>>>> to
>>>>>>> > Omwenga and his enemies and friends on these forums.
>>>>>>> >
>>>>>>> > Naoni mabibi na mabwana.
>>>>>>> > On Dec 13, 2013 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.
>>>>>
>
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