Author Topic: Arguably the worst AG kenya ever hand  (Read 5430 times)

Offline RV Pundit

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Re: Arguably the worst AG kenya ever hand
« Reply #20 on: April 25, 2021, 03:19:51 AM »
Judiciary should be independent. Not any appendage of the executive. Its even better if its against gov..executive is the main violator

Offline KenyanPlato

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Re: Arguably the worst AG kenya ever hand
« Reply #21 on: April 25, 2021, 06:13:36 AM »
Ruto will never be president. Get used to it Pandit

Offline Nowayhaha

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Re: Arguably the worst AG kenya ever hand
« Reply #22 on: April 25, 2021, 10:17:37 AM »
So who will be ?

Ruto will never be president. Get used to it Pandit

Offline RV Pundit

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Re: Arguably the worst AG kenya ever hand
« Reply #23 on: April 25, 2021, 11:04:14 AM »
The problem with Kuhara - he is a former Judge snitching on other judges and worse he is close to Uhuru. That is not someone you want to be your AG. You want the best lawyer - like Ngatia - or Wako - who will tell you the law as he is.

Amos Wako despite his failing remain kenya best AG.

Hii Kuhara should be fired pronto by Ruto as first business otherwise the judges will continue to hit back at gov.

If Ngatia fails as CJ due to political correctness (which would be a shame) - I would tap him as AG.

Offline RV Pundit

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Re: Arguably the worst AG kenya ever hand
« Reply #24 on: April 25, 2021, 11:17:32 AM »

Offline Nowayhaha

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Re: Arguably the worst AG kenya ever hand
« Reply #25 on: April 25, 2021, 01:31:30 PM »

I hope you read this quote......

Quote
It is unlikely the AG’s office is incompetent. So, the only possibility is that the President doesn’t care much for legal advice.

It is no secret that Uhuru hates the courts and would not miss a chance to humiliate them. He has called judges “wakora” and swore to “revisit” the Judiciary. The nation watched with consternation as former Chief Justice David Maraga poured out his frustrations by the Executive
.



I am not alone who think kuhara is a piece of scum
https://www.the-star.co.ke/opinion/columnists/2021-04-25-uhuru-stands-out-for-legal-goofs/

Offline Nowayhaha

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Re: Arguably the worst AG kenya ever hand
« Reply #26 on: April 25, 2021, 01:41:57 PM »

Come on pundit, Wako has the Prosecution office under him. There are merits and demerits of having that under AG.
Secondly Ngatia cut his teeth under state law office , I dont think he would want to go back there.
In regards to cutting the judges to size, Ruto should ensure he fully captures the JSC currently it minus CJ from Judiciary and one LSK rep. The last LSK Rep elections GEMA /RV lawyersmuscle enables Jubilee to defeat ODMs Ojienda , the coming elections GEMA lawyers  has lost interest ,RV as usual need a rallying call , OKA as usual will go pro ODM most likely ODM lawyers might win that one depends on whom they nominate. Ruto needs to pour big money and play politics to clinch a pro Ruto LSK rep. With Ngatia as CJ and most likely Mwilu out he might be able to capture JSC and all judges will tow the line.(In this I mean no fishy rulings).

The problem with Kuhara - he is a former Judge snitching on other judges and worse he is close to Uhuru. That is not someone you want to be your AG. You want the best lawyer - like Ngatia - or Wako - who will tell you the law as he is.

Amos Wako despite his failing remain kenya best AG.

Hii Kuhara should be fired pronto by Ruto as first business otherwise the judges will continue to hit back at gov.

If Ngatia fails as CJ due to political correctness (which would be a shame) - I would tap him as AG.

Offline RV Pundit

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Re: Arguably the worst AG kenya ever hand
« Reply #27 on: April 25, 2021, 04:06:56 PM »
How does controlling jsc sway judges who enjoy securing of tenure.Fidelity to law is more important

Offline Nowayhaha

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Re: Arguably the worst AG kenya ever hand
« Reply #28 on: April 25, 2021, 07:50:01 PM »

Simple , these judges are as corrupt as Kenyan politicians , they have X-files. JSC determines their removal either because of incompitence ,corruption or one of the reasons captured in the constitution the determination is usually done through voting , so Judges are aware how the voting will go.They will avoid making rulings which might antagonize the JSC .So why do think the Grand Mullah was feared that much in Judiciary ?

Quote
Constitution of Kenya

168. Removal from office Chapter Ten - Judiciary Part 2. Superior Courts Hits: 29506

 



(1) A judge of a superior court may be removed from office only on the grounds of--

(a) inability to perform the functions of office arising from mental or physical incapacity;
(b) a breach of a code of conduct prescribed for judges of the superior courts by an Act of Parliament;
(c) bankruptcy;
(d) incompetence; or
(e) gross misconduct or misbehaviour.

(2) The removal of a judge may be initiated only by the Judicial Service Commission acting on its own motion, or on the petition of any person to the Judicial Service Commission.
(3) A petition by a person to the Judicial Service Commission under clause (2) shall be in writing, setting out the alleged facts constituting the grounds for the judges removal.
(4) The Judicial Service Commission shall consider the petition and, if it is satisfied that the petition discloses a ground for removal under clause (1), send the petition to the President.
(5) The President shall, within fourteen days after receiving the petition, suspend the judge from office and, acting in accordance with the recommendation of the Judicial Service Commission--



(b) in the case of a judge other than the Chief Justice, appoint a tribunal consisting of--

(i) a chairperson and three other members from among persons who hold or have held office as a judge of a superior court, or who are qualified to be appointed as such but who, in either case, have not been members of the Judicial Service Commission at any time within the immediately preceding three years;
(ii) one advocate of fifteen years standing; and
(iii) two other persons with experience in public affairs.

(6) Despite Article 160 (4), the remuneration and benefits payable to a judge who is suspended from office under clause (5) shall be adjusted to one half until such time as the judge is removed from, or reinstated in, office.
(7) A tribunal appointed under clause (5) shall--

(a) be responsible for the regulation of its proceedings, subject to any legislation contemplated in clause (10);
and
(b) inquire into the matter expeditiously and report on the facts and make binding recommendations to the President
.


How does controlling jsc sway judges who enjoy securing of tenure.Fidelity to law is more important

Offline RV Pundit

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Re: Arguably the worst AG kenya ever hand
« Reply #29 on: April 25, 2021, 10:06:45 PM »
We don't want to go to Kiraitu radical surgery or grand mullah intimidation.
Justice cut both ways. We want judiciary that protect everyone.
Yeah it may look naive- but it about building institutions that can be trusted.
If anybody follow you advice - we will end up in Uganda or worse.

Let judges enjoy independence and security of tenure - and let there be an appeal mechanism - to fix any problems.


Simple , these judges are as corrupt as Kenyan politicians , they have X-files. JSC determines their removal either because of incompitence ,corruption or one of the reasons captured in the constitution the determination is usually done through voting , so Judges are aware how the voting will go.They will avoid making rulings which might antagonize the JSC .So why do think the Grand Mullah was feared that much in Judiciary ?

Offline Nowayhaha

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Re: Arguably the worst AG kenya ever hand
« Reply #30 on: April 25, 2021, 10:53:47 PM »

RV , Im just stating the facts. How JSC as currently structured and Judiciary works. There is a reason you see Warsame and Majanja in JSC , where as they are known activists.

Now in regards to my personal opinion , I echo yours , I prefer a Judiciary which will keep executive on check. I was one of rhe people who advocated capturing of JSC by Uhuru after the 2017 elections. JSC and Judiciary had gone rogue , we almost lost a country because of them.
Uhuru managed to capture JSC ,ensured they are stiffened financially and also rejected the increase of human resource. The effect is Judicial service has been affected and also Judges fear ruling anything against BBI .If it was then when they had control over JSC then by now we could be having a ruling.


We don't want to go to Kiraitu radical surgery or grand mullah intimidation.
Justice cut both ways. We want judiciary that protect everyone.
Yeah it may look naive- but it about building institutions that can be trusted.
If anybody follow you advice - we will end up in Uganda or worse.

Let judges enjoy independence and security of tenure - and let there be an appeal mechanism - to fix any problems.


Simple , these judges are as corrupt as Kenyan politicians , they have X-files. JSC determines their removal either because of incompitence ,corruption or one of the reasons captured in the constitution the determination is usually done through voting , so Judges are aware how the voting will go.They will avoid making rulings which might antagonize the JSC .So why do think the Grand Mullah was feared that much in Judiciary ?