[wanabidii] Re: [PK] Re: [uchunguzionline] COURT BARS SWEARING IN OF TRIBUNAL

Sungu wodma,

I don't know how the Kenyan system of separation of powers works but if we can take an example of the US system, Uhuru did the right thing. Each of the 3 branches of government can not hide behind the principle of separation of powers in order to misbehave.

In the US, if a Legislator (Senator or House Rep) misbehaves, he/she is punished or impeached by his/her peers in the House of Representatives and voted out by the Senate. This is usually after a court of law has found this legislator guilty of some impropriety.

The legislators have the final word in the removal of any government official whether from the Executive, Judiciary or the Legislatures. There's a common expression here that the Legislature is the highest court in the land.

In fact in the American system, the Executive has very little power in terms of removing any official from office. The Executive's onlt significant power is on the appointment side of things. To remove an errant official, depending on the nature of the position, the Executive can fire the official or recommend, through persuasion, to the Legislatures to impeach that official.

I support what Uhuru did though. Once there's doubt about the conduct of these JSC members and the House has recommended a certain course of action, the President was obligated to act. Of course he had the option to reject the recommendation but who wants to be blamed later on if it actually turns out that these JSC members were actually errant?

Courage

On Tue, Dec 3, 2013 at 9:00 AM, OS <sunoti@yahoo.com> wrote:

Wuon Nyamogo Okil,

We are now playing what is known as "brinkmanship" with our various institutions, each wanting to show who is tougher.

Parliament does not respect the courts, Judiciary refuses summons from the Parliamentary committees, Executive wants to control everything the two in their operations.

Before we realize it, we will not even know which institution has the mandate to do what, especially when Wanjiku takes the que of ignoring the same institutions.

It is usually called a revolution.

OS.

On Tuesday, December 3, 2013 4:51 PM, Nyamodi Ochieng Nyamogo <okil@nyamogoadvocates.com> wrote:

Jexx, account146w qt4 et al,
                                        All these things you are
saying are just symptomatic of the Constitutional quagmire we are
tottering into! We are steadily digging ourselves into a small hole
and we better stop, while it is still possible!!!
                                                  Nyamodi Ochieng-Nyamogo.

On 12/3/13, Jack Ndunya <jackndunya@yahoo.com> wrote:
> The next thing President is gonna do, is demand that JSC do not incur or
> commit any tax payers money be it on allowances or otherwise by the
> suspended six until the entire JSC is constituted a fresh!
>
> Thats a clear way of sending the entire body home so we start on clean
> slate. I think Hon. Sharad Rao is best placed to investigate the entire
> commission. Not Ringera!
>
>
>
>
>
> On Tuesday, December 3, 2013 2:19 PM, khaguli maurice <mkhaguli@yahoo.com>
> wrote:
>
>
> YES!!
> We stand to emphasize the truth, truth is one!
>
>
>
> On Tuesday, December 3, 2013 4:13 AM, Nyamodi Ochieng Nyamogo
> <okil@nyamogoadvocates.com> wrote:
>
> Yee All,
>>
>  We need to be sober, and very careful! If this is not
>>ALREADY a Constitutional crisis, it is definitely one dangerously in
>>the making!!! The President was, clearly, a beneficiary of
>>faulty/incompetent legal guidance!
>>
>>        Especially with these very same matters pending in court, and
>>since Article 251(4)(a) of The Constitution of Kenya 2010 is NOT
>>couched in mandatory terms, the President did NOT have to "suspend"
>>these Commissioners! Once he "suspended" them,
>>UNCONSTITUTIONALLY/illegally of course, he had to MANDATORILY invoke
>>Article 251(4)(b) of The Constitution of Kenya 2010 and constitute a
>>"tribunal"!!!
>>
>>        That said, only God knows how this "Tribunal" was to operate
>>without flouting the "sub-judice" Rule! There is, also, that "small"
>>matter of High Court orders which Speaker Justin Mturi was clearly, if
>>brazenly, in contempt of! Whatever became of the
>  treasured golden Rule
>>that Parliament eschews debate on matters before court!!! Talk of "The
>>Animal Farm", EVEN "Sodom and Gomorrah"!!!
>>
>>        I think this latest High Court Ruling has given everyone a
>>breathing space, which MUST NOT be squandered! Let us, simply, "get
>>back to basics"!!!
>>                                                  Nyamodi Ochieng-Nyamogo.
>>
>>On 12/3/13, Daniel Muguko <dkmuguko@yahoo.com> wrote:
>>> So what next????? Where are we heading to???
>>>
>>>
>>>
>>> ...Thanking You
>>> Daniel Kamau Muguko - MBA (MIS),BA Econ,CPA(K),CPS
>>> PhD Student - UoN
>>> P.O Box 6613-00300
>>> Nairobi
>>> +254 722 281679
>>> FOR BEST DEALS ON WEDDING AND
>  BIRTHDAY CAKES
>>> "The greatest waste in the world is the difference between what we are
>>> and
>>> what we could become" Herbster, Ben
>>>
>>>
>>>
>>>
>>>
>>> On Tuesday, December 3, 2013 10:25 AM, Lee Makwiny <amosogal@gmail.com>
>>> wrote:
>>>
>>>
>>> COURT BARS swearing in of the tribunal formed to probe 6 JSC members and
>>> say
>>> no investigations can begin; suspends gazette notice.
>>>
>>>
>>> The protracted battle has just began, after CJ fails to deliver his part
>>> of
>>> the bargain at the statehouse meeting and gains leverage over the
>>> executive.
>>>
>>>
>>>
>>>
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