Nipate
Forum => Kenya Discussion => Topic started by: RV Pundit on May 28, 2021, 01:39:43 AM
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Or kihara should surely resign - he has been arguably the worst AG in kenya history - worse than Mathew Guy Muli.
https://twitter.com/ahmednasirlaw
For the sake of his personal reputation and legacy, President Uhuru MUST sack AG Kihara...Uhuru must provide a better rational for the continuation of Kihara's calamitous tenure other than that Kiambu County is his place of birth.
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Court declares Parliament unconstitutional
Court declares half the cabinet & all CASs unconstitutional
Court declares 128 parastatal appointments unconstitutional
Court declares IEBC unconstitutional.
Court declares 90 laws passed by parliament unconstitutional.
It been disaster after disaster.
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RV - Kihara is just doing his job. Policy of Uhuru Government is called out and driven by State House operatives the Nancy Gitaus, Nzioka Waitas , Njee Muturis ,Ruth Kagias ,Kinuthia Mbuguas , The other wing of Harambee house the Matiangis and Kibicho co-ordinate and execute the policy .
Same as the Operatives managed edge out Ruto from Participating in policy making , these guys have their main man in State Law Office Ken Ogetto doing their bid (Do you remember the wars of Njee and former AG Githu Muigai ?. You very well know Uhuru and his team discern Judiciary it caused alot of headaches in their first term , Its very evident 2nd term they decided for them to operate effectively is to take the impunity way .
Now your suggestion below of Kihara to resign is akin to saying Ruto should also resign , which is arguable if looked at from different angles .
Further take example of Wako under Moi , I bet he can be graded as master of impunity and a supporter of dictatorship . Now Look at the same Wako under Kibaki , a very different AG .
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You have a point but why allow himself to be used by Njee Muturis
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A glimpse of how the Uhuru men hold power , I believe same is happening with Kihara
Supremacy wars: This is why Githu Muigai called it quits
https://www.standardmedia.co.ke/entertainment/local-news/2001269652/supremacy-wars-this-is-why-githu-muigai-called-it-quits
Infighting, supremacy wars and mistrust marked the relationship between outgoing Attorney General Githu Muigai and Solicitor General Njee Muturi.
As the Solicitor General, Mr Muturi was principally Prof Muigai’s deputy but his actions showed a man close to the instruments of power and one who never shied from overshadowing his boss in many roles and at several state functions.
But according to a senior state counsel, the rift between Githu and Muturi was not imaginary.
Different scripts
“It was like they were reading from different scripts. The Solicitor General used to assume some roles which traditionally belong to the AG, while Muigai, on many occasions, appeared reluctant to question his actions,” said the state counsel.
Muturi was viewed as being close to President Uhuru Kenyatta. Githu on the other hand was viewed as a neutral who ascended to the AG’s position, not because of political connections, but due to his rich grasp and understanding of law and many years of active practice.
The AG's close friends describe him as a professional who understood his role and would speak out his mind even when his expert opinion did not augur well with the Government.
In 2016, for example, Githu backed the Judicial Service Commission (JSC) recommendation to appoint a tribunal to investigate former Supreme Court Judge Philip Tunoi over allegations of receiving Sh200 million bribe from then Nairobi Governor Evans Kidero.
Reports indicated that the President initially declined to appoint a tribunal, arguing that suspending the Judge would occasion a constitutional crisis.
In 2014, Githu also advised against some clauses in the controversial Security Amendments law, which, according to some MPs, were backed by the Solicitor General.
“Mr Muturi was all over Parliament running up and down to ensure the Bill passed. He became the face of the state law office, eclipsing his boss Prof Muigai,” former Mombasa Senator Hassan Omar was quoted saying.
Muturi was also blamed for some unpopular decisions made by the Government, leaving the AG’s office embarrassed.
Anglo-leasing payment
When a Court in England ordered the Government to pay Universal Satspace Sh1.4 billion for the controversial Anglo-Leasing deal, the Law Society of Kenya (LSK) blamed Muturi for doing nothing to stop the payment despite being the one who represented the Government in the court proceedings.
Githu defended himself against LSK accusations and denied any involvement in the saga, saying he was only acting on something that had been concluded.
Despite differences in opinion, Githu and Muturi maintained that there was no bad blood between them.
https://nairobilawmonthly.com/index.php/2016/06/30/githu-vs-njee-apparent-sibling-rivalry-but-presidents-men-say-they-are-cool/
The divide between Attorney-General Prof Githu Muigai and Solicitor-General Njee Muturi is widening as each seems to be pushing an agenda parallel to that of the other.
Muturi is, structurally, a junior officer in Githu’s State Law Office, but his actions in the past have revealed a man close to the instruments of power and one who is not bothered about overshadowing his boss in many roles and at several state functions.
The supremacy battle is further enhanced by Githu’s apparent appetite for the position of Chief Justice, which has been left vacant following Dr Willy Mutunga’s early retirement.
On the other hand, Muturi is said to be in line to take over the AG’s position if Prof Muigai moves on.
“The rift between Prof Muigai and Muturi is not imaginary; each seems to be reading from a different scripts when it comes to functions of the State Law office,” said a state counsel at the AG’s office who wished not to be named. According to the state counsel, Muturi has been taking up roles which traditionally belong to the AG.
On his part, Githu on many occasions appears to be reluctant to question the solicitor’s actions, and that the cold war between the two has at times contributed to the President’s and Jubilee administration’s blunders in implementing the Constitution and following due legal processes.
This is informed by the fact that Muturi is so close to President Uhuru Kenyatta and has the ears of senior figures within the Jubilee government,
unlike Githu, who is a carryover from retired president Mwai Kibaki’s regime.
For several years, Muturi was President Kenyatta’s personal assistant and political confidant when he was Kanu chairman and leader of Opposition.
The two continued to work together when President Kenyatta was a Cabinet Minister in the Coalition government and later on in the National Alliance Party (TNA).
“Muturi has not hidden that fact that he and the President are close and his actions within the State Law Office suggest he is up to something bigger.
Unlike his predecessor, who liked taking the back seat and let things roll, Muturi is a hand on man who likes for everyone to feel his presence and authority,” said our source.
The state counsel added that most officers within the AG’s Office find it strange that Muturi has become more prominent within the government than his boss.
Githu, on the other hand, is viewed as a neutral who descended to the AG’s position not because of political connections but due to his reach understanding of law and many years of active practice. This was reiterated by the state counsel, who said AG is a professional who understands his role and would speak out his mind which at times doesn’t go well with the Jubilee administration.
According to lawyer Demas Kiprono, the Solicitor-General should only be the face of the Attorney-General in defending cases against the government filed in court. “He should be the AG’s chief litigator and should not act on his own motion. If the solicitor-general is engaging in functions that are outside his job description, then he should do so under the instructions of the Attorney-General, otherwise he will be assuming powers which are not assigned to him,” says Kiprono.
The solicitor-general’s job description is similar to that of a principal secretary in a ministry – being the accounting officer. Muturi’s duties include organising, co-coordinating and managing the administrative and legal functions of the office. However, the active roles Muturi has been playing in legislations show a man who is keen to overshadow his boss and be been seen as the face of the state law office.
Soon after the Judicial Service Commission recommended to the president to appoint a tribunal to investigate former Supreme Court Judge Philip Tunoi over allegations of receiving Sh200 million bribe from Nairobi governor Dr Evans Kidero, it was Muturi who took the active role of advising the President which at one point nearly led to confusion and scuttling of the process even before it begun.
First, the president through Chief of Staff and Head of Public Service Joseph Kinyua issued a statement rejecting the JSC recommendation to suspend Justice Tunoi and declined to appoint a tribunal. President Kenyatta argued that suspending the Judge would occasion a constitutional crisis and advised that they await the outcome of an appeal by Judge Tunoi against his retirement age. Prof Muigai distanced himself from the decision, and came out to clarify that he had offered his advice to the president to suspend the judge and appoint a tribunal as per the JSC recommendations.
To counter the embarrassment caused, and due to intense pressure, the President beat a retreat and suspended the judge two days later, and appointed a tribunal, just before the constitutional deadline. The tribunal’s swearing in would reveal more divide between the AG and the solicitor-general.
Unlike the routine practice where Githu would have witnessed the swearing in of members of the tribunal, it was Muturi who accompanied Retired Chief Justice Willy Mutunga in the ceremony.
The apparent confusion did not escape the attention of activist Okiya Omatah, who then sued the President for failing to follow the law, and Githu for failing to advice him correctly. “There was an anomaly in the process of appointing the tribunal since the AG failed to advice the president appropriately. This was despite opinions from prominent law scholars,” said Omtatah. In other instances, it is Muturi who has been the face of government in enacting legislations to drive the Jubilee government’s agenda.
During the passage of the controversial security laws, Prof Muigai is said to have kept his distance and advised the government against including some controversial clauses, which were later struck out by the court for being unconstitutional. The active role played by Muturi have, too, not escaped attention of some lawmakers, who claimed it was the solicitor-general who helped in crafting, arranging meetings with the President and lobbying MPs to pass the bill.
It then did not appear strange when Muturi witnessed as the President assented to the Bill at State House alongside National Assembly Speaker Justin Muturi and Leader of Majority Aden Duale. This was a break from the past where the AG himself witnesses the signing of bills. “Muturi was all over Parliament trying to ensure the Bill passed. He became the face of the state law office, eclipsing his boss Prof Muigai,” Mombasa Senator Hassan Omar was quoted saying.
When the security law was challenged in court, Prof Muigai did not actively participate in defending the government as he normally does in high profile cases against the government.
In his place was Muturi. The solicitor-general has been blamed for some unpopular decisions made by the government, leaving the AG’s office embarrassed and at pains to justify those decisions.
For instance, when the Justice Queen’s Bench Division Commercial Court in England ordered the government to pay $12,366,816 (Sh1.4 billion) to Universal Satspace (North America) LLC for the dubious Anglo-Leasing contract scandal, the Law Society of Kenya blamed Muturi for doing nothing to stop the payment despite being the one who represented the government in the court proceedings. “Having been with the president for many years, it is like he is getting trusted with several key state decisions more than Prof Muigai. In fact, Muturi gets consulted more on legal affairs more than the AG,” said the state counsel.
Some analysts have been of the opinion that it is the President’s men who are pushing for Githu’s bid for the Chief Justice position to allow Muturi take control of the State Law office and officially assume the role of chief government adviser, which he has still been doing unofficially. Despite the simmering differences between the two, Prof Muigai and Muturi have maintained that there is no bad blood between them and that each is performing their constitutional duties. However, with the race for the CJ now open, it remains to be seen if Githu will succeed to pave the way for Muturi to succeed him.
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You are disingenuous
-the 90 laws were principally senate vs NA bickering not executive. NA lost not Uhuru.
-you fail to recognize the role of judicial activism and succession wars/realignments. BBI, parastatals, CASs are political rulings that are being ignored. In the end except BBI and such cut&dry processes that can be annulled the rest Uhuru will have the last laugh. By that I mean they will be ignored until maybe Raila or Ruto respect them in 2023.
The reality is: Miguna is sulking in Canada, parliament is not dissolved, 41 bitter Odungas have not been promoted, CAS are in office, parastatal chiefs will remain in office, NMS is working bila wasi wasi while incompetent mouthy Sonko fired, KMC is selling you mutura under KDF and meat farmers are so happy. Duale Zebu farmers don't want to hear Odunga nonsense after KMC payment backlog get cut to few days from months. Koome was just rigged in and your brilliant Ngatia foxed out. Koome needs to go slow and not be confrontational. Maybe she can confront Ruto if he wins, Uhuru will freeze her budget further. Executive vs judiciary is big vs small brother... the weak party hurts wayy more.
Court declares Parliament unconstitutional
Court declares half the cabinet & all CASs unconstitutional
Court declares 128 parastatal appointments unconstitutional
Court declares IEBC unconstitutional.
Court declares 90 laws passed by parliament unconstitutional.
It been disaster after disaster.
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Those shady judges... their own CoA president was elected under that invalid IEBC. Uhuru should just ignore them until he retires.
Koome gets it: I saw you praising her "non-negotiable independence" - without noting she stressed independence from ALL corners - including activism and ideologism.
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Robina you are the one being disingenuous here . Kipchumba is on record taking President to the court on this matter after unsuccessfully trying to persuade him by 30 page letter .
https://ke.opera.news/ke/en/news_politics/c2eb226d82e676464725e0a16fa74ff2
You are now routing for impunity simply coz you think its okei if Uhuru and his government are using it to pursue their interest , Same way you equate its okei for Uhuru Govt to be corrupt . Now once Ruto becomes President and goes the impunity route , you will be first to cry how a dictator Ruto is . The Judiciary is the last line of defense of the common Mwananchi . It The only organ which can check Govt .
You are disingenuous
-the 90 laws were principally senate vs NA bickering not executive. NA lost not Uhuru.
-you fail to recognize the role of judicial activism and succession wars/realignments. BBI, parastatals, CASs are political rulings that are being ignored. In the end except BBI and such cut&dry processes that can be annulled the rest Uhuru will have the last laugh. By that I mean they will be ignored until maybe Raila or Ruto respect them in 2023.
The reality is: Miguna is sulking in Canada, parliament is not dissolved, 41 bitter Odungas have not been promoted, CAS are in office, parastatal chiefs will remain in office, NMS is working bila wasi wasi while incompetent mouthy Sonko fired, KMC is selling you mutura under KDF and meat farmers are so happy. Duale Zebu farmers don't want to hear Odunga nonsense after KMC payment backlog get cut to few days from months. Koome was just rigged in and your brilliant Ngatia foxed out. Koome needs to go slow and not be confrontational. Maybe she can confront Ruto if he wins, Uhuru will freeze her budget further. Executive vs judiciary is big vs small brother... the weak party hurts wayy more.
Court declares Parliament unconstitutional
Court declares half the cabinet & all CASs unconstitutional
Court declares 128 parastatal appointments unconstitutional
Court declares IEBC unconstitutional.
Court declares 90 laws passed by parliament unconstitutional.
It been disaster after disaster.
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You're celebrating impunity. You have hit a new low. Uhuru breaking the law will come to haunt him. 2010 constitution and independent judiciary sio mchezo. Wait until they hit him where it matters - his pockets.
Already he is starring at 15B Kshs bill from BBI.
The 180 parastal chiefs and board will have to refund the money.
The CAS will have to also refund the money.
The C0K2010 and Independent Judiciary can make life difficult for anybody. They annualed Uhuru election and lead him into a handshake.
There is no stature of limitation of when Uhuru can be made to pay for his misdeed. Even in retirement, he could be pursued for breaking the law.
You are disingenuous
-the 90 laws were principally senate vs NA bickering not executive. NA lost not Uhuru.
-you fail to recognize the role of judicial activism and succession wars/realignments. BBI, parastatals, CASs are political rulings that are being ignored. In the end except BBI and such cut&dry processes that can be annulled the rest Uhuru will have the last laugh. By that I mean they will be ignored until maybe Raila or Ruto respect them in 2023.
The reality is: Miguna is sulking in Canada, parliament is not dissolved, 41 bitter Odungas have not been promoted, CAS are in office, parastatal chiefs will remain in office, NMS is working bila wasi wasi while incompetent mouthy Sonko fired, KMC is selling you mutura under KDF and meat farmers are so happy. Duale Zebu farmers don't want to hear Odunga nonsense after KMC payment backlog get cut to few days from months. Koome was just rigged in and your brilliant Ngatia foxed out. Koome needs to go slow and not be confrontational. Maybe she can confront Ruto if he wins, Uhuru will freeze her budget further. Executive vs judiciary is big vs small brother... the weak party hurts wayy more.
Court declares Parliament unconstitutional
Court declares half the cabinet & all CASs unconstitutional
Court declares 128 parastatal appointments unconstitutional
Court declares IEBC unconstitutional.
Court declares 90 laws passed by parliament unconstitutional.
It been disaster after disaster.
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Judicial activism is impunity. Those judges attacked Uhuru, even issued unsought prayers and surprised Ndiis. You are now celebrating judicial ukora when it suits you. If Uhuruto were intact you be re-tweeting #WakoraNetwork and other anti-Odunga memes. Only the pretentious can say such judges
By the way, when Ruto promptly calls the rigged-in Koome to congratulate her, what is he doing? Are you guys not celebrating impunity - pretending to be happy for political expediency? Somehow you care about court cases but the CJ herself? :( At least Robina calls the rigging what it is.
So long as those judges act with such bareknuckle vendetta - Uhuru should ignore them. Ati dissolve parliament 8) - your celebration of this was impunity 101 - wanting a crisis liwe liwalo - cause things were bad for Ruto.
JSC & Koome if she is patriotic - should withdraw the 41 judges and quietly replace Odungas before re-submission. That is better than sulking at PORK when he has 411 those are corrupt stooges for whoever. PORK should not allow tainted individuals to be senior judges so I support Uhuru on that.
You're celebrating impunity. You have hit a new low. Uhuru breaking the law will come to haunt him. 2010 constitution and independent judiciary sio mchezo. Wait until they hit him where it matters - his pockets.
Already he is starring at 15B Kshs bill from BBI.
The 180 parastal chiefs and board will have to refund the money.
The CAS will have to also refund the money.
The C0K2010 and Independent Judiciary can make life difficult for anybody. They annualed Uhuru election and lead him into a handshake.
There is no stature of limitation of when Uhuru can be made to pay for his misdeed. Even in retirement, he could be pursued for breaking the law.
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Speak for yourselves. I was not part of Wakora network propaganda. I disagree with SCORK rulling and I blame the registar/odm for planting evidence against IEBC.
Judicial activism or not - there is nothing one can do - apart from maybe assassinating judges to send a message of fear.
We have a very independent judiciary. That is a very very good thing.
Uhuru is breaking the law....and that is not a good thing - very dangerous grounds he is trending on- that could easily bankrupt his family. Moi always never broke the law. He changed the law if he was unhappy about it.
Once Uhuru is made to pay for breaking the law...he will wish he had listened to good lawyers. BBI kwanza - he is staring at huge bill!
Judicial activism is impunity. Those judges attacked Uhuru, even issued unsought prayers and surprised Ndiis. You are now celebrating judicial ukora when it suits you. If Uhuruto were intact you be re-tweeting #WakoraNetwork and other anti-Odunga memes. Only the pretentious can say such judges
By the way, when Ruto promptly calls the rigged-in Koome to congratulate her, what is he doing? Are you guys not celebrating impunity - pretending to be happy for political expediency? Somehow you care about court cases but the CJ herself? :( At least Robina calls the rigging what it is.
So long as those judges act with such bareknuckle vendetta - Uhuru should ignore them. Ati dissolve parliament 8) - your celebration of this was impunity 101 - wanting a crisis liwe liwalo - cause things were bad for Ruto.
JSC & Koome if she is patriotic - should withdraw the 41 judges and quietly replace Odungas before re-submission. That is better than sulking at PORK when he has 411 those are corrupt stooges for whoever. PORK should not allow tainted individuals to be senior judges so I support Uhuru on that.
You're celebrating impunity. You have hit a new low. Uhuru breaking the law will come to haunt him. 2010 constitution and independent judiciary sio mchezo. Wait until they hit him where it matters - his pockets.
Already he is starring at 15B Kshs bill from BBI.
The 180 parastal chiefs and board will have to refund the money.
The CAS will have to also refund the money.
The C0K2010 and Independent Judiciary can make life difficult for anybody. They annualed Uhuru election and lead him into a handshake.
There is no stature of limitation of when Uhuru can be made to pay for his misdeed. Even in retirement, he could be pursued for breaking the law.
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Who listens to judges