High court declare coopting of Gen Badi to cabinet illegal

[RV Pundit]

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Impunity kabisa.

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[KenyanPlato]

The court will be ignored and what will they do. Executive is rogue it has been since time immemorial. There is no way to reign it. Without opposition there are no political consequences to screwball

[RV Pundit]

This new constitution - very deadly one - cok2010.
1) President must issues instruction in writting
2) Any loss of funds - one will be held responsible
3) Contempt of court - will come to bite.

You can run - but you will have nowhere to hide - once you're out political favour - Uhuru may escape - but Gen Badi will find himself in Jela.

It's upto Badi..he disobey...he will cry alone

The court will be ignored and what will they do. Executive is rogue it has been since time immemorial. There is no way to reign it. Without opposition there are no political consequences to screwball

[GeeMail]

This is another BBI scenario. What business does Judiciary have with Executive meeting? They can even invite Sonko and he attend.

[RV Pundit]

Judiciary in kenya do not have any business'; Business is brought to them by aggrieved parties; Cabinet is defined by constitution; any resolution passed by cabinet with Badi on it is now null and void. Cabinet is not gikomba meeting.

This is another BBI scenario. What business does Judiciary have with Executive meeting? They can even invite Sonko and he attend.

[GeeMail]

Judiciary cannot impeach executive actions that are not illegal. Arguing Badi Cabinet attendance illegal is moot.

[RV Pundit]

Judiciary have wide unstrained powers to interpret constitution.  There is no where in constitution or law where judicial powers are limited. From now on - Badi cannot sit in cabinet - if he sits - he is going to be breaking the law - and so will the president - and any resolution with him - will not be cabinet resolution - it will be a gikomba meeting.

if Uhuru want him appointed cabinet - let him do it with approval of parliament.

These small mistakes when they add up ndio imemalize BBI and Raila

Judiciary cannot impeach executive actions that are not illegal. Arguing Badi Cabinet attendance illegal is moot.

[GeeMail]

Pundit you do not see strangeness Badi cannot attend Cabiniet meeting but high priest who oppose chairman of Cabiniet is attending?

[vooke]

[GeeMail]

Mbadi is ot appointed to Cabiniet. Does Constitution bar coopting? It's grey area. One might also say Tuju appointment illegal because he has no portfolio. Another grey area.

[RV Pundit]

You like arguing like a kid. Ruto is DPORK; Mbadi was not appointed CS - the process include vetting by parliament.

Pundit you do not see strangeness Badi cannot attend Cabiniet meeting but high priest who oppose chairman of Cabiniet is attending?

[RV Pundit]

As long as he was not vetted by parliament - Tuju if he is earning cabinet money - will refund - making him more bankrupt.
Tuju and Mbadi cannot be party to any cabinet resolution.

Mbadi is ot appointed to Cabiniet. Does Constitution bar coopting? It's grey area. One might also say Tuju appointment illegal because he has no portfolio. Another grey area.

[GeeMail]

You like arguing like a kid. Ruto is DPORK; Mbadi was not appointed CS - the process include vetting by parliament.

Pundit you do not see strangeness Badi cannot attend Cabiniet meeting but high priest who oppose chairman of Cabiniet is attending?

Badi case appealable. Nothing in Constitution stop President coopting any person. People opposing President directly sitting in Cabiniet is danger to country. They sell secrets to M7.

[RV Pundit]

My friend understand COk2010. Haina feelings. Haina coopting. Parliament must approve Cabinet Ministers. Under Moi - you could appoint and disappoint anytime. Saa hii mambo ni ngumu.

You voted YES without understanding katiba.

Ruto is DPORK - and can be impeached - if you can convince parliament that he is selling state secrets. I wonder what state secrets we have against Uganda.

Mbadi, Uhuru and others violating constitution will one day wake up to hear - Odunga order them to refund 100M kshs or face jail time - Zuma style. How will Ruto or Raila help in that case? You have to pay or go to jail.

They can even wait for 20yrs and spring a court order - when you're forgotten like Davy Koech of Kemri - Tuju will be picked from Siaya streets - straight to prison.

Cok2010 sio Mchezo. And it cannot be amended. This one is for the keeps.

Badi case appealable. Nothing in Constitution stop President coopting any person. People opposing President directly sitting in Cabiniet is danger to country. They sell secrets to M7.

[GeeMail]

Legal argument on coopting can go many directions. In law what is not express forbidden can happen without being illegal. Constitution silent on coopting. Parliament approval is for appointed CS. Badi is not.

[RV Pundit]

Jinga type. What hell is coopting? Constitution is VERY clear on cabinet. Maximum of 22 CS, PORK, DPORK and all CSs approved by parliament. There is nothing ambigous for co-opting. Cabinet can of course invite experts - but they cannot be part of cabinet resolution - neither can PSC or anyone give them benefits of CS - if Mbadi is earning CS salary - he will have to refund.

Legal argument on coopting can go many directions. In law what is not express forbidden can happen without being illegal. Constitution silent on coopting. Parliament approval is for appointed CS. Badi is not.

[GeeMail]

You cannot show from Constitution where coopting illegal. Not there. Badi is permanent guest by virtue of Nairobi importance.

[vooke]

You cannot show from Constitution where coopting illegal. Not there. Badi is permanent guest by virtue of Nairobi importance.

Justice Mrima also referred to Article 152(1) on the composition of the Cabinet, which says the Cabinet consists of the President, Deputy President, Attorney-General and not fewer than 14 or more than 21 Cabinet secretaries.

"The provision did not leave any room for discretion in respect of the composition of the Cabinet. In fact, the composition of the Cabinet is ring-fenced and insulated to consist of only the President, the Deputy President, the Attorney-General and Cabinet secretaries," stated Justice Mrima.

"I cannot imagine any manner of interpretation of the entire Constitution that will infuse discretion into the composition of the Cabinet on the part of the President," he added.

[RV Pundit]

Jinga kweli.There is nothing like coopting. It doesnt exist. Uhuru should simply appoint Badi a CS, getting him vetted and processed by parliament. I am sure he will pass.

Meanwhile best of luck appealing that president can coopt his girlfriends, and pretty much, anyone to kenya cabinet.

When will the coopting stop?

Is he trying to go round the 22 limit? or the vetting?

You cannot show from Constitution where coopting illegal. Not there. Badi is permanent guest by virtue of Nairobi importance.

[RV Pundit]

This is very clear except for that moron who escaped from Mashada to here.  Some of these low IQ mashada morons need to go back there.

Justice Mrima also referred to Article 152(1) on the composition of the Cabinet, which says the Cabinet consists of the President, Deputy President, Attorney-General and not fewer than 14 or more than 21 Cabinet secretaries.

"The provision did not leave any room for discretion in respect of the composition of the Cabinet. In fact, the composition of the Cabinet is ring-fenced and insulated to consist of only the President, the Deputy President, the Attorney-General and Cabinet secretaries," stated Justice Mrima.

"I cannot imagine any manner of interpretation of the entire Constitution that will infuse discretion into the composition of the Cabinet on the part of the President," he added.