Kiambu Governor Ferdinand Waititu was on Tuesday granted Sh15 million bail in the case involving a Sh588 million illegal roads tender.
Magistrate Lawrence Mugambi also barred him from accessing his county office.
He agreed with a decision rendered by judge Mumbi Ngugi last Friday following Samburu Governor Moses Lenolkulal's bid to be allowed to access his office.
Ngugi ruled a governor implicated in a criminal case should not be allowed to access his/her office.
Mugambi said, "I find Mumbi's decision more persuasive and authoritative and consider it as binding to this court."
"Barring Waitutu doesn't violate the Constitution, but it will ensure public interest is safeguarded."
There is nothing like middle ground.What ought to happen is for MCAs to impeach the governor as soon as he faces trial or nothing get done. Otherwise overriding the decision of 1M kiambu residence and suspending their governor is judiciary usurping the executive power.
Nope. The judiciary can declare a position vacant - as in South Korea and other democracies. To save the 1M people you pretend to care about from being robbed to the bone. I wish Kenyan judges had the guts to outrightly strip indicted criminals of the job. Deputy can carry on the job until the next elections. Barring access to office is not good enough for me.
I though were talking about innocent suspect facing trial. When did you convict them? Kiambu people loved their thug - they made him a governor. He has been busy working for them - fixing the alcoholism problem. They deserve him - in their wisdom - every day - innocent Waitutu is blocked from his office - justice denied to his people.
I am sure judiciary can work on bail conditions that don't include suspending governor from his job. A political job. If I was waitutu - I would simply open another office - and continue working. As a governor he can even work from home - like Sonko does in his Machakos abode.Nope. The judiciary can declare a position vacant - as in South Korea and other democracies. To save the 1M people you pretend to care about from being robbed to the bone. I wish Kenyan judges had the guts to outrightly strip indicted criminals of the job. Deputy can carry on the job until the next elections. Barring access to office is not good enough for me.
Mumbi’s Ruling applied on that specific case and every other case will have to go to courts. Each of the court’s decision can be challenged by an appeal. I realize many are confusing her Obiter dicta on section 6 as directions yet it remains an opinion. When IEBC attempts to Barr anyone following this euphoria they will be sued to their last dime.
I fear this ruling could set a precedent for witch-hunting. The target governors rep continue earning a salary but they are politically obliterated as some of these cases could run all the way to the 2022 and they lose the privilege of launching cattle dips
Rotich and Thugge are equally innocent until proven guilty which may take years all the way to SCORK. The people of Kiambu voted deputy governor and MCA (speaker) to carry on incase governor die, go crazy, bankrupt or well get indicted. Those same people deserve protection from theft and a fair chance at justice by barring county CEO from interfering with case. If suspension as middleground is not possible they should outrightly lose the seat like CS's. In South Korea, once president is indicted, she is suspended until full hearing. Prime Minister act as president until president is exonerated or condemned by court. Suspension is a legal status with many precedents in the Commonwealth.
'Office' obviously include executive actions like promoting, demoting, transferring potential witnesses. If say his PA or county executive is witness, contacting them is interference. Touching or moving office documents is interference as any of those could be evidence after investigation. So you see he effectively is SUSPENDED from the office of governor. He is thus indisposed (similar to long illness or travel) and deputy governor AUTOMATICALLY takes over without need for county assembly approval.
Note here: suspension is better than dismissal because if exonerated before elections he resumes office. If condemned he loses the seat and gets barred from running again.
Aside, I do wonder whether you pay taxes and why you cut these thugs so much slack. Unless you're immediately related to a top politician there is no logical reason to side with brazen looting of public coffers. It is literally direct armed robbery of your income. Noone asks for your Ok before slashing 30% of your paycheck, 35% of your profits, 16% VAT, fuel & road levy - the whole shebang. 60% of your income is taxed :-\ :-\ then you're here cheering thieves.I though were talking about innocent suspect facing trial. When did you convict them? Kiambu people loved their thug - they made him a governor. He has been busy working for them - fixing the alcoholism problem. They deserve him - in their wisdom - every day - innocent Waitutu is blocked from his office - justice denied to his people.
I am sure judiciary can work on bail conditions that don't include suspending governor from his job. A political job. If I was waitutu - I would simply open another office - and continue working. As a governor he can even work from home - like Sonko does in his Machakos abode.Nope. The judiciary can declare a position vacant - as in South Korea and other democracies. To save the 1M people you pretend to care about from being robbed to the bone. I wish Kenyan judges had the guts to outrightly strip indicted criminals of the job. Deputy can carry on the job until the next elections. Barring access to office is not good enough for me.
Mumbi’s Ruling applied on that specific case and every other case will have to go to courts. Each of the court’s decision can be challenged by an appeal. I realize many are confusing her Obiter dicta on section 6 as directions yet it remains an opinion. When IEBC attempts to Barr anyone following this euphoria they will be sued to their last dime.
I fear this ruling could set a precedent for witch-hunting. The target governors rep continue earning a salary but they are politically obliterated as some of these cases could run all the way to the 2022 and they lose the privilege of launching cattle dips
Simple: avoid sleaze in the same manner and caution as HIV. If you wish to earn a hefty income, join the corporate world or private business. What you fail to note is that it's entirely voluntary to run for public office. If the risk or headache of witch-hunt is too high they are welcome to step aside. It's not a right or even a calling to be a governor.
Rotich and Thugge are equally innocent until proven guilty which may take years all the way to SCORK. The people of Kiambu voted deputy governor and MCA (speaker) to carry on incase governor die, go crazy, bankrupt or well get indicted. Those same people deserve protection from theft and a fair chance at justice by barring county CEO from interfering with case. If suspension as middleground is not possible they should outrightly lose the seat like CS's. In South Korea, once president is indicted, she is suspended until full hearing. Prime Minister act as president until president is exonerated or condemned by court. Suspension is a legal status with many precedents in the Commonwealth.
'Office' obviously include executive actions like promoting, demoting, transferring potential witnesses. If say his PA or county executive is witness, contacting them is interference. Touching or moving office documents is interference as any of those could be evidence after investigation. So you see he effectively is SUSPENDED from the office of governor. He is thus indisposed (similar to long illness or travel) and deputy governor AUTOMATICALLY takes over without need for county assembly approval.
Note here: suspension is better than dismissal because if exonerated before elections he resumes office. If condemned he loses the seat and gets barred from running again.
Aside, I do wonder whether you pay taxes and why you cut these thugs so much slack. Unless you're immediately related to a top politician there is no logical reason to side with brazen looting of public coffers. It is literally direct armed robbery of your income. Noone asks for your Ok before slashing 30% of your paycheck, 35% of your profits, 16% VAT, fuel & road levy - the whole shebang. 60% of your income is taxed :-\ :-\ then you're here cheering thieves.I though were talking about innocent suspect facing trial. When did you convict them? Kiambu people loved their thug - they made him a governor. He has been busy working for them - fixing the alcoholism problem. They deserve him - in their wisdom - every day - innocent Waitutu is blocked from his office - justice denied to his people.
I am sure judiciary can work on bail conditions that don't include suspending governor from his job. A political job. If I was waitutu - I would simply open another office - and continue working. As a governor he can even work from home - like Sonko does in his Machakos abode.Nope. The judiciary can declare a position vacant - as in South Korea and other democracies. To save the 1M people you pretend to care about from being robbed to the bone. I wish Kenyan judges had the guts to outrightly strip indicted criminals of the job. Deputy can carry on the job until the next elections. Barring access to office is not good enough for me.
Please Ms Robina don't take this personal. Baba Yao is a thug but the ruling is not as clear. Watch this:
RV Pundit the machiavellian or is it the realist - Nyoro is already Ag Governor of Kiambu County - de facto. It Babu Yao who must run to court to explain how he is still managing the county from Milimani Law Court :) Kiambu MCAs are already moving to impeach Waititu and his camp - speaker Ndicho, etc - after they already dethroned Waititu crew from Majority Leader and Whip. The reality is that Waititu was VERY STUPID to side with Ruto in Kiambu. This of course embolden the renegade Nyoro and MCAs who have tacit Uhuru backing. Sonko saw this mistake and quickly course-corrected - now he praise Uhuru every morning, noon and night. This is Kenya and PORK and his machinery are still largely unaccountable and wield impunity literally. While am very happy about looters of all shades being hanged from the trees and in the streets no matter the motives of GoK - the impunity and selective justice is not lost on me. Ironically, when I show you how the Executive is effectively held to account in the UK, Germany, Israel and other parliamentary democracies - you vehemently oppose this with the narrow view of a Ruto presidency. PORK needs to be made more accountable from what it is presently - this saga is fresh live proof of more accountability argument. 8)
?s=19Former Attorney General, Professor Githu Muigai (SC) submitting on the need for the Government of Kenya to comply with Court orders. I always tell my colleagues at AG and DPP not to clear our `hiding bushes’. They will need them later. ^DoS pic.twitter.com/TBkuCi3M6S
— Nelson Havi (@NelsonHavi) July 30, 2019
I am okay with politics of it. Nyoro had MOU with Waitutu that he discarded. I am not sure how Ruto is responsible for Waitutu trying to run roughshod over Kiambu. So if he is unpopular with MCA - he will be impeached - but Ruto will save him in the senate.
Uhuru is going home. Until that changes - he will become more and more lame-duck.
Ms Robina,
I think you are looking at this through Babu vs Ruto lenses, but the boot could easily be on the other foot:?s=19Former Attorney General, Professor Githu Muigai (SC) submitting on the need for the Government of Kenya to comply with Court orders. I always tell my colleagues at AG and DPP not to clear our `hiding bushes’. They will need them later. ^DoS pic.twitter.com/TBkuCi3M6S
— Nelson Havi (@NelsonHavi) July 30, 2019
The guy who desecrated chapter 6 is my friend Justice Lenaola (now Supreme Court judge) when he vacated his brain and allowed Uhuruto to run for office. He dilly dallied and filibustered on that case and eventually gave in to pressure and allowed them to run. This is what has caused trouble in the judiciary and specific rulings by magistrates and judges are a mere chance to cure this original sin. Public office is an office of trust, if you are facing any charges (whether innocent or guilty) why not clear that and then seek office.
The nonesense being propagated by Lawyer Havi that the governor was elected by the people of Kiambu and therefore it is only they who can remove him is precisely part of the problem that we must fix-he should step aside the moment he is charged. After all the charges have been proffered after an investigative process; they haven’t just been baselessly slammed on him!
Pundit, your man has no ability to stop Waititu impeachment at the senate if it comes to that.
I'm seeing this thru reality [sic]. Uhuru has the machinery and wholesome impunity. I argue for accountability here daily. It you Tanga Tanga lot that need to view reforms objectively. Why do you have a problem with the ongoings if the system is perfect?Ms Robina,
I think you are looking at this through Babu vs Ruto lenses, but the boot could easily be on the other foot:?s=19Former Attorney General, Professor Githu Muigai (SC) submitting on the need for the Government of Kenya to comply with Court orders. I always tell my colleagues at AG and DPP not to clear our `hiding bushes’. They will need them later. ^DoS pic.twitter.com/TBkuCi3M6S
— Nelson Havi (@NelsonHavi) July 30, 2019
I'm seeing this thru reality [sic]. Uhuru has the machinery and wholesome impunity. I argue for accountability here daily. It you Tanga Tanga lot that need to view reforms objectively. Why do you have a problem with the ongoings if the system is perfect?Ms Robina,
I think you are looking at this through Babu vs Ruto lenses, but the boot could easily be on the other foot:?s=19Former Attorney General, Professor Githu Muigai (SC) submitting on the need for the Government of Kenya to comply with Court orders. I always tell my colleagues at AG and DPP not to clear our `hiding bushes’. They will need them later. ^DoS pic.twitter.com/TBkuCi3M6S
— Nelson Havi (@NelsonHavi) July 30, 2019
And you are here cheering politicizing ODPP?
RV Pundit we can just be pragmatic and let the judiciary make the call on chapter 6. Without Kiptanui, Kalpana Rawal, Ojwang' - the conservative justices on the Kenyan bench - I don't see Impunity Inc surviving this one. For now of course the good Justice Mumbi Ngugi and Magistrate Mugambi disagree with you and Prof Ojienda sijui Havi. Two governors down ten to go.The constitution is very clear on hiring and firing of elected leaders.The same judiciary continue to protect Mwilu who is facing criminal and tribunal proceeding.Bail terms should restrict its scope to the case.Actions should be taken if he interfere with witness...but those bail terms are untenable coup.Judiciary can and have abused their powers.
I'm seeing this thru reality [sic]. Uhuru has the machinery and wholesome impunity. I argue for accountability here daily. It you Tanga Tanga lot that need to view reforms objectively. Why do you have a problem with the ongoings if the system is perfect?Ms Robina,
I think you are looking at this through Babu vs Ruto lenses, but the boot could easily be on the other foot:?s=19Former Attorney General, Professor Githu Muigai (SC) submitting on the need for the Government of Kenya to comply with Court orders. I always tell my colleagues at AG and DPP not to clear our `hiding bushes’. They will need them later. ^DoS pic.twitter.com/TBkuCi3M6S
— Nelson Havi (@NelsonHavi) July 30, 2019
And you are here cheering politicizing ODPP?
There is no angel in the dock, they got a busload of lawyers and the law is being followed. The selective purge and politicization of DPP and DCI shows we need more reforms. Especially to make the 'machinery' and the president more accountable. Whining about the machinery while opposing reforms is a contradiction.
I'm seeing this thru reality [sic]. Uhuru has the machinery and wholesome impunity. I argue for accountability here daily. It you Tanga Tanga lot that need to view reforms objectively. Why do you have a problem with the ongoings if the system is perfect?Ms Robina,
I think you are looking at this through Babu vs Ruto lenses, but the boot could easily be on the other foot:?s=19Former Attorney General, Professor Githu Muigai (SC) submitting on the need for the Government of Kenya to comply with Court orders. I always tell my colleagues at AG and DPP not to clear our `hiding bushes’. They will need them later. ^DoS pic.twitter.com/TBkuCi3M6S
— Nelson Havi (@NelsonHavi) July 30, 2019
And you are here cheering politicizing ODPP?
There is no angel in the dock, they got a busload of lawyers and the law is being followed. The selective purge and politicization of DPP and DCI shows we need more reforms. Especially to make the 'machinery' and the president more accountable. Whining about the machinery while opposing reforms is a contradiction.
We don’t need reforms, just following ACECA Section 62. Elected leaders can’t be suspended. Denying Baba Yao access to his office is suspension for all purposes and intent
I'm seeing this thru reality [sic]. Uhuru has the machinery and wholesome impunity. I argue for accountability here daily. It you Tanga Tanga lot that need to view reforms objectively. Why do you have a problem with the ongoings if the system is perfect?Ms Robina,
I think you are looking at this through Babu vs Ruto lenses, but the boot could easily be on the other foot:?s=19Former Attorney General, Professor Githu Muigai (SC) submitting on the need for the Government of Kenya to comply with Court orders. I always tell my colleagues at AG and DPP not to clear our `hiding bushes’. They will need them later. ^DoS pic.twitter.com/TBkuCi3M6S
— Nelson Havi (@NelsonHavi) July 30, 2019
And you are here cheering politicizing ODPP?
There is no angel in the dock, they got a busload of lawyers and the law is being followed. The selective purge and politicization of DPP and DCI shows we need more reforms. Especially to make the 'machinery' and the president more accountable. Whining about the machinery while opposing reforms is a contradiction.
We don’t need reforms, just following ACECA Section 62. Elected leaders can’t be suspended. Denying Baba Yao access to his office is suspension for all purposes and intent
Justice Ngugi declared that section violates chapter 6. Specifically she took issue with the special treatment accorded elected officials. So you see, the court is the final abitor in legal matters. The only abuse is the selective machinery targeting Tanga Tanga which boils down to presidential impunity. Until you have adequate accountability the executive of the day will wield the force of arms. Aukot doesn't address this issue - I hope BBI does.
I'm seeing this thru reality [sic]. Uhuru has the machinery and wholesome impunity. I argue for accountability here daily. It you Tanga Tanga lot that need to view reforms objectively. Why do you have a problem with the ongoings if the system is perfect?Ms Robina,
I think you are looking at this through Babu vs Ruto lenses, but the boot could easily be on the other foot:?s=19Former Attorney General, Professor Githu Muigai (SC) submitting on the need for the Government of Kenya to comply with Court orders. I always tell my colleagues at AG and DPP not to clear our `hiding bushes’. They will need them later. ^DoS pic.twitter.com/TBkuCi3M6S
— Nelson Havi (@NelsonHavi) July 30, 2019
And you are here cheering politicizing ODPP?
There is no angel in the dock, they got a busload of lawyers and the law is being followed. The selective purge and politicization of DPP and DCI shows we need more reforms. Especially to make the 'machinery' and the president more accountable. Whining about the machinery while opposing reforms is a contradiction.
We don’t need reforms, just following ACECA Section 62. Elected leaders can’t be suspended. Denying Baba Yao access to his office is suspension for all purposes and intent
Justice Ngugi declared that section violates chapter 6. Specifically she took issue with the special treatment accorded elected officials. So you see, the court is the final abitor in legal matters. The only abuse is the selective machinery targeting Tanga Tanga which boils down to presidential impunity. Until you have adequate accountability the executive of the day will wield the force of arms. Aukot doesn't address this issue - I hope BBI does.
Wrong. She aired her opinion. They call it obiter dicter
It’s not binding
IN SUMMARY
Justice Ngenye Macharia described the governor as "morally ill" while saying he must stay away until the case is determined.
Anti-Corruption Court magistrate Lawrence Mugambi earlier granted Mr Waititu Sh15 million cash bail but imposed tough conditions on the fiery politician and his co-accused.
The High Court upheld Mr Mugambi's ruling on Thursday, justice Macharia saying Deputy Governor James Nyoro and county executive committee members will take charge.
The court dismissed Mr Waititu's application to amend the bail terms - Sh15 million cash bail or Sh30 million bond - that the Anti-Corruption Court issued.
That should end up in Supreme Court.
Yup. This time it's the suspect in a hurry. Nyoro is the principal beneficiary after Waititu trashed their MOU. Politically he is damaged goods for eating local money. What happened to his cabinet meeting? Note how the Kurias are dead silent. The Wa Irias and Muthomi Njukis must be watching - support Ruto at your own peril.
Pastor this was a ruling that binds.
RV Pundit - Waititu is on suspension until 2023 8)
Stay out of office, High Court tells Waititu
(https://mobile.nation.co.ke/image/view/-/5228462/medRes/2415841/-/41ll8pz/-/Titi.jpg?mrf-size=m)
Kiambu Governor Ferdinand Ndungu Waititu at the Milimani Law Courts in Nairobi on July 29, 2019, when he was charged over a Sh580 million irregular tender award. PHOTO | DENNIS ONSONGO | NATION MEDIA GROUPQuoteIN SUMMARY
Justice Ngenye Macharia described the governor as "morally ill" while saying he must stay away until the case is determined.
Anti-Corruption Court magistrate Lawrence Mugambi earlier granted Mr Waititu Sh15 million cash bail but imposed tough conditions on the fiery politician and his co-accused.
The High Court upheld Mr Mugambi's ruling on Thursday, justice Macharia saying Deputy Governor James Nyoro and county executive committee members will take charge.
The court dismissed Mr Waititu's application to amend the bail terms - Sh15 million cash bail or Sh30 million bond - that the Anti-Corruption Court issued.
https://mobile.nation.co.ke/news/Stay-out-office-High-Court-tells-Waititu/1950946-5228456-8hx8uoz/index.html
Yes the judiciary just made DPP and their bosses very powerful. All governors should be up in arms. Because you never know who will be next.Yup. This time it's the suspect in a hurry. Nyoro is the principal beneficiary after Waititu trashed their MOU. Politically he is damaged goods for eating local money. What happened to his cabinet meeting? Note how the Kurias are dead silent. The Wa Irias and Muthomi Njukis must be watching - support Ruto at your own peril.
Yes the judiciary just made DPP and their bosses very powerful. All governors should be up in arms. Because you never know who will be next.Yup. This time it's the suspect in a hurry. Nyoro is the principal beneficiary after Waititu trashed their MOU. Politically he is damaged goods for eating local money. What happened to his cabinet meeting? Note how the Kurias are dead silent. The Wa Irias and Muthomi Njukis must be watching - support Ruto at your own peril.
Pastor this was a ruling that binds.
RV Pundit - Waititu is on suspension until 2023 8)
Stay out of office, High Court tells Waititu
(https://mobile.nation.co.ke/image/view/-/5228462/medRes/2415841/-/41ll8pz/-/Titi.jpg?mrf-size=m)
Kiambu Governor Ferdinand Ndungu Waititu at the Milimani Law Courts in Nairobi on July 29, 2019, when he was charged over a Sh580 million irregular tender award. PHOTO | DENNIS ONSONGO | NATION MEDIA GROUPQuoteIN SUMMARY
Justice Ngenye Macharia described the governor as "morally ill" while saying he must stay away until the case is determined.
Anti-Corruption Court magistrate Lawrence Mugambi earlier granted Mr Waititu Sh15 million cash bail but imposed tough conditions on the fiery politician and his co-accused.
The High Court upheld Mr Mugambi's ruling on Thursday, justice Macharia saying Deputy Governor James Nyoro and county executive committee members will take charge.
The court dismissed Mr Waititu's application to amend the bail terms - Sh15 million cash bail or Sh30 million bond - that the Anti-Corruption Court issued.
https://mobile.nation.co.ke/news/Stay-out-office-High-Court-tells-Waititu/1950946-5228456-8hx8uoz/index.html
Ms Robina, I still insist this is a bad idea
Pastor this was a ruling that binds.
RV Pundit - Waititu is on suspension until 2023 8)
Stay out of office, High Court tells Waititu
(https://mobile.nation.co.ke/image/view/-/5228462/medRes/2415841/-/41ll8pz/-/Titi.jpg?mrf-size=m)
Kiambu Governor Ferdinand Ndungu Waititu at the Milimani Law Courts in Nairobi on July 29, 2019, when he was charged over a Sh580 million irregular tender award. PHOTO | DENNIS ONSONGO | NATION MEDIA GROUPQuoteIN SUMMARY
Justice Ngenye Macharia described the governor as "morally ill" while saying he must stay away until the case is determined.
Anti-Corruption Court magistrate Lawrence Mugambi earlier granted Mr Waititu Sh15 million cash bail but imposed tough conditions on the fiery politician and his co-accused.
The High Court upheld Mr Mugambi's ruling on Thursday, justice Macharia saying Deputy Governor James Nyoro and county executive committee members will take charge.
The court dismissed Mr Waititu's application to amend the bail terms - Sh15 million cash bail or Sh30 million bond - that the Anti-Corruption Court issued.
https://mobile.nation.co.ke/news/Stay-out-office-High-Court-tells-Waititu/1950946-5228456-8hx8uoz/index.html
Ms Robina, I still insist this is a bad idea
What's bad about it. ALL thieves should first lose office upon indictment, after damnation lose wealth and go to prison in an ideal world. Still so long as Bau Yao indeed stole county funds I couldn't care less if he was hanged. This is selective justice which is better than total impunity. The fact that Ruto suffers politically is an added bonus.
Pastor this was a ruling that binds.
RV Pundit - Waititu is on suspension until 2023 8)
Stay out of office, High Court tells Waititu
(https://mobile.nation.co.ke/image/view/-/5228462/medRes/2415841/-/41ll8pz/-/Titi.jpg?mrf-size=m)
Kiambu Governor Ferdinand Ndungu Waititu at the Milimani Law Courts in Nairobi on July 29, 2019, when he was charged over a Sh580 million irregular tender award. PHOTO | DENNIS ONSONGO | NATION MEDIA GROUPQuoteIN SUMMARY
Justice Ngenye Macharia described the governor as "morally ill" while saying he must stay away until the case is determined.
Anti-Corruption Court magistrate Lawrence Mugambi earlier granted Mr Waititu Sh15 million cash bail but imposed tough conditions on the fiery politician and his co-accused.
The High Court upheld Mr Mugambi's ruling on Thursday, justice Macharia saying Deputy Governor James Nyoro and county executive committee members will take charge.
The court dismissed Mr Waititu's application to amend the bail terms - Sh15 million cash bail or Sh30 million bond - that the Anti-Corruption Court issued.
https://mobile.nation.co.ke/news/Stay-out-office-High-Court-tells-Waititu/1950946-5228456-8hx8uoz/index.html
Ms Robina, I still insist this is a bad idea
What's bad about it. ALL thieves should first lose office upon indictment, after damnation lose wealth and go to prison in an ideal world. Still so long as Bau Yao indeed stole county funds I couldn't care less if he was hanged. This is selective justice which is better than total impunity. The fact that Ruto suffers politically is an added bonus.
Conviction is what separates the guilty from the innocent. Mwilu is still in office
Stupid reasoning.if Katiba allows a convict on appeal to stand and win office...it cannot suspend the same on suspicion.The bail conditions cannot be carte blanche to impose unconstitutional requirements like suspending a validly elected governor or Mp or Pork.This issue was taken to supreme court when uhuruto were running for office while indicted by ICC.The deputy governor can only hold office on some conditions...none envisaged a suspended governor.
We want corruption fought and won...but we cannot allow suspension of someone elected by 1m to be suspended by some magistrate or some DPP to rush cases so governor can step aside.MCA can impeach Waitutu with even lower threshold. If Ruto became pork now...say Uhuru dies...will you be happy if the shoe was on the other foot.Elected officials can never equal to appointed.never.here.or even in the us.That is why Trump is potus
They quit or resign on their volition.Waitutu is elected by nearly 1m kiambu residents and can only be removed as per constitution...if he dies, etc
Stupid reasoning.if Katiba allows a convict on appeal to stand and win office...it cannot suspend the same on suspicion.The bail conditions cannot be carte blanche to impose unconstitutional requirements like suspending a validly elected governor or Mp or Pork.This issue was taken to supreme court when uhuruto were running for office while indicted by ICC.The deputy governor can only hold office on some conditions...none envisaged a suspended governor.
Nope. In the west, if the officials don't step aside they are sacked or impeached. Never merely suspended or forgiven. Waititu is LUCKY he has not been removed but suspended. If exonerated he resumes office - assuming Uhuru calls off his hounds in the Kiambu County Assembly. Courts are the final abitor on legal matters. I hope Appeal and SCORK uphold this and vacate the moronic, unjustified, unpatriotic till-proven-guily nonsense of 2012. That is ok for MP or MCA not executive functions. Noone with a pending serious criminal case should run for office. The standard should be INDICTMENT by a court - only Caesar's wives should run. Wean yourself off the Stockholm syndrome - I know it's hard to view yourself as the victim and not the beneficiary - cause helooo you are a mere taxpayer. Also to tell you a governor or elected official is not superior to a tenured judge - the arms of government are equal. The judge must queue or apply for service; the governor must equally face justice. It is actually worse to be suspected of robbing your people than going insane. Public office is a PRIVILEGE - not a right - I think you confuse the two. I would be concerned if suspects were denied bail without proper reason.
Stupid thinking. Try to think behind Tanga Tanga. If your allegations are related to your office then you should step aside instead of intimidating witness and basically potentially perpetuating the same crimes you are being accused of. If your alleged crimes are unrelated to your office I don’t see the need for you to step down.
I’ll give you a simple example. Apostle Nganga hit and killed a woman in Limuru. One can say that had nothing to do with his Neno Church. He can remain at the helm during the case. But if there are serious allegations like raping a pen usher at his office in church then he should step aside.
There is a lacuna in that katiba envisages exhaustion of appeals against a conviction of at least 6 months but it is silent on everything before that. We must interpret the katiba in ways that promote its values in the lead up to all that.
Remember, we are not just talking about allegations but prosecution. The allegations must have been serious enough to bring charges.
I suspect this is beyond your christian brain. Yes judges and magistrate have the power to impose conditions to ensure criminal proceedings against Waitutu do not lead to a mistrial. Those conditions need to balance the fact that Waitutu is innocent till proven guilty and also hold a powerful position & could interfere with witnesses. Those conditions cannot exceed what constitution provide. There is nothing like a suspended president, governor or MP.
Anyway I hope we get 3 bench judges to hear this soon. Otherwise engaging some of you with 2 brain cells is waste of time.Stupid thinking. Try to think behind Tanga Tanga. If your allegations are related to your office then you should step aside instead of intimidating witness and basically potentially perpetuating the same crimes you are being accused of. If your alleged crimes are unrelated to your office I don’t see the need for you to step down.
I’ll give you a simple example. Apostle Nganga hit and killed a woman in Limuru. One can say that had nothing to do with his Neno Church. He can remain at the helm during the case. But if there are serious allegations like raping a pen usher at his office in church then he should step aside.
There is a lacuna in that katiba envisages exhaustion of appeals against a conviction of at least 6 months but it is silent on everything before that. We must interpret the katiba in ways that promote its values in the lead up to all that.
Remember, we are not just talking about allegations but prosecution. The allegations must have been serious enough to bring charges.
You're very wrong. Elected official are superior to appointed officials. You need to read article 1 of constitution to understand that people have the override to elect a sonko, a waitutu, a uhuru and a ruto...all these people were elected with active criminal cases. They cannot be subsequently be suspended for the same.
Please try understand the politics of the constitution. The basic principles.Nope. In the west, if the officials don't step aside they are sacked or impeached. Never merely suspended or forgiven. Waititu is LUCKY he has not been removed but suspended. If exonerated he resumes office - assuming Uhuru calls off his hounds in the Kiambu County Assembly. Courts are the final abitor on legal matters. I hope Appeal and SCORK uphold this and vacate the moronic, unjustified, unpatriotic till-proven-guily nonsense of 2012. That is ok for MP or MCA not executive functions. Noone with a pending serious criminal case should run for office. The standard should be INDICTMENT by a court - only Caesar's wives should run. Wean yourself off the Stockholm syndrome - I know it's hard to view yourself as the victim and not the beneficiary - cause helooo you are a mere taxpayer. Also to tell you a governor or elected official is not superior to a tenured judge - the arms of government are equal. The judge must queue or apply for service; the governor must equally face justice. It is actually worse to be suspected of robbing your people than going insane. Public office is a PRIVILEGE - not a right - I think you confuse the two. I would be concerned if suspects were denied bail without proper reason.
I suspect this is beyond your christian brain. Yes judges and magistrate have the power to impose conditions to ensure criminal proceedings against Waitutu do not lead to a mistrial. Those conditions need to balance the fact that Waitutu is innocent till proven guilty and also hold a powerful position & could interfere with witnesses. Those conditions cannot exceed what constitution provide. There is nothing like a suspended president, governor or MP.
Anyway I hope we get 3 bench judges to hear this soon. Otherwise engaging some of you with 2 brain cells is waste of time.
You are confused. This is not about integrity or chapter 6 but interfering with an ongoing case as well as failure or suspected failure to do what you were elected to do.
Constitution is supreme court.Declaring the county office a crime scene and the governor suspended is exceeding the constitution provision.The case is relate to a particular contractor and can be confined this far.It should be enough to warn Waitutu not to interfere with witness and evidence.If there was evidence he was interfering his bail conditions can be toughten including keeping him jail.There is nothing like suspending a governor.
Constitution is supreme.Declaring the county office a crime scene and the governor suspended is exceeding the constitution provision.The case relate to a particular contractor and can be confined to that.i.Anything else we call it scope creep in computing.It should be enough to warn Waitutu not to interfere with witness and evidence.If there was evidence he was interfering his bail conditions can be toughten including keeping him jail.There is nothing like suspending a governor.I have no sympathy for Waitutu...he is a thug..but I am afraid what kind of precedent this set against good but independent minded governors who can now be intimidated by DPP and Courts.
Robina, that is nonsense.The case relates to what happened.Not what will happen.DPP has his evidence and witnesses.Only we need to worry about is securing the evidence and the witnesses.The politics of it you'll are newbie.Lets focus on this case without even thinking of the politics..I don't think Mumbi whose is a decent lady thought of it.Dont mix this issue.This not a live case.Waitutu already got his cut.Ruto not responsible for his stupidity.He asked a contractor to geniusly deposit money in his wife n kid account.Meanwhile Ruto was doing PhD in science and probably MSc in money laundering.
The strict bail conditions would still apply notwithstanding Waititu's eligibility. Uhuruto had to keep off witnesses and threats during the trial. That aside I hope the bad precedent of 2012 is overturned soon by SCORK or a constitutional bench. Serious crime suspects should be disqualified from running for any public office in Kenya.Because you don't trust the wisdom of voters.For example, kiambu is one of greatest counties but the people there want a Waitutu.Learn to respect people and democracy.If democracy fails armed watiutu takes over aka military with overwhelming majority... nobody put a gun on Nairobi or Kiambu ..but they elected their beloved thugs Respect that Respect US of A decision to elect Obama ad and Trump.
Vooke,if elections are held today, will Waitutu be eligible.Yes.Then he will suspended.An oxymoron if you had 3 brain cells still functional.I think Waitutu was elected with more than one active criminal case so was sonko whom I voted for.You cannot suspend a governor or Mp or pork coz of criminal case.The constitution recommend an impeachment or a recall as recourse..political processes.Waitutu has case and should be impeached.The threshold is lower there.If kiambu residents don't want Waitutu..they can impeach him with simple majority of MCA's and no need of criminal culpability.its enough that DPP has opened charges.Are you just stupid or just very stupid.For a magistrate or judge to overturn the decision of 1m mostly educated and informed kiambu residents is slippery slope that will one day lead to military private suspending our useless constitution.Constitution ought to be sacrosanct without any innovation or trickery.As long as governor has not exhausted all avenues of appeals or reviews..he remain governor..not a suspended governor.
A suspended governor is still a governor. It is not for courts to remove him. That's for Kiambu electorate and their representatives. Why do you keep on missing an obviously simple point?
If you wish to commit crimes, make sure they are very far from your office.
Katiba is supreme but it is not moronic like you. Kiambu may elect anyone and anything, but they have no constitutional right to squander County revenue directly or through their elected representatives.
Reminder: Waitutu is more innocent than you. He is presumed very very innocent until proven guilty. You know the record DPP office have had previously in securing conviction.
There is a reason why any sane kenyan would oppose this. A governor is no small job. He cannot be suspended - unless the constitution provide for such suspension. It need to be protected from the presidency who basically now owns the DPP.
What now stop DPP from pressing fake charges immediately a governor is elected - and then dragging the case for 4 yrs - rendering the decision of millions null and void.
There is a clear separation of powers btw judiciary,parliament(including MCAS), executive (pork, gov) that need protection. This is the most direct assault of devolution so far.That you can unconstitutional remove the governor from office...by calling it a suspension.A suspended governor is still a governor. It is not for courts to remove him. That's for Kiambu electorate and their representatives. Why do you keep on missing an obviously simple point?
If you wish to commit crimes, make sure they are very far from your office.
Katiba is supreme but it is not moronic like you. Kiambu may elect anyone and anything, but they have no constitutional right to squander County revenue directly or through their elected representatives.
Nobody said he is guilty. This will only be determined at the determination of this. Again, this is not the point.
And since you are firmly into scenario Analysis, what if a governor loots his county dry and stashes everything abroad, and bribes DPP to drag the case forever so he keeps looting each financial year ? His case drags for 6 years so much that he uses stolen loot to successfully retain his seat ,upon which he loots some more and buys everyone for a good ten years?
MCAs would impeach him? Well, he buys them as well.
We want corruption fought and won...but we cannot allow suspension of someone elected by 1m to be suspended by some magistrate or some DPP to rush cases so governor can step aside.MCA can impeach Waitutu with even lower threshold. If Ruto became pork now...say Uhuru dies...will you be happy if the shoe was on the other foot.Yes in fact I would - fighting corruption is welcome from all quarters - like really :o. These people are merely on trial - with busloads of lawyers - not detained. Poor Wanjiku is lucky to have a vengeful Uhuru in her corner. However my key reason for opposing Ruto is his wanton unscrupulousness so perish the thought. I do reiterate you have Stockholm syndrome - this is not even blind loyalty - 50+% tax then you side with thieves?
Elected officials can never equal to appointed.never.here.or even in the us.That is why Trump is potusTrump is not on trial - has immunity - so your question is moot. Even so, Mueller's is a quasi-judicial inquiry - not a trial - appointed by the DoJ. It is the equivalent of Kenyan DPP appointing someone to probe and issue a report on a case - which could be used to file charges. Courts and judges try people - not prosecutors. Alas, Trump was exonerated.
Elected officials can never equal to appointed.never.here.or even in the us.If we had impeachments of Ojaamongs for graft - or some modicum of honesty by MPs and MCAs - I would agree with you. But what happens instead? - the governors bribe the senators to cover them - so yes the DPP and the courts are 100% right to effectively suspend them. It is why we have 3 co-equal arms of government - to check and balance each other - including where the oversight is mired in graft, incompetence and/or misplaced loyalties. That is the spirit of the Katiba 2010.
Because you don't trust the wisdom of voters.For example, kiambu is one of greatest counties but the people there want a Waitutu.Learn to respect people and democracy.If democracy fails armed watiutu takes over aka military with overwhelming majority... nobody put a gun on Nairobi or Kiambu ..but they elected their beloved thugs Respect that Respect US of A decision to elect Obama ad and Trump.
Because you don't trust the wisdom of voters.For example, kiambu is one of greatest counties but the people there want a Waitutu.Learn to respect people and democracy.If democracy fails armed watiutu takes over aka military with overwhelming majority... nobody put a gun on Nairobi or Kiambu ..but they elected their beloved thugs Respect that Respect US of A decision to elect Obama ad and Trump.
Those same people voted democratically and overwhelmingly for Katiba with independent judiciary. It is merely your personal conjecture what Kiambu people want. They voted independent courts and Mumbis in 2010 - 2017 they voted Waititu. Both must do their job. Checks and balances - donge? - there is nothing superior about elected officials.
Chapter six applies mostly to appointed officials.it requires them to be apolitical and of highest integrity.Chapter seven on executive contradict or override or overload chapter six on certain position.Waitutu therefore is save...he was elected while facing criminal trial and cannot be suspended for the same .SCORK already made a rulling on this in Marina kiai versus Uhuruto eligibility in 2017.
Chapter six applies mostly to appointed officials.it requires them to be apolitical and of highest integrity.Chapter seven on executive contradict or override or overload chapter six on certain position.Waitutu therefore is save...he was elected while facing criminal trial and cannot be suspended for the same .SCORK already made a rulling on this in Marina kiai versus Uhuruto eligibility in 2017.
You can't be suspended for the same things you were elected while facing but this is not the case.The subject here is graft under his watch which he oversaw.
Uhuru is immune from both the things he was facing before election and after elections. In fact, there can't be criminal trial with Uhuru on it. That's just Uhuru or whoever will be president.
Wish as you want but this executive immunity is strictly for the president.
3 bench high court, 5 bench court of appeals and supreme court should settle this.... we patriots who love this county hope wisdom will prevail