Nipate
Forum => Kenya Discussion => Topic started by: Omollo on June 15, 2017, 03:08:31 PM
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The ethnic Rag is campaigning for Jubilee
By AGGREY MUTAMBO
More by this Author
The National Super Alliance (Nasa) has vowed to file charges against Cabinet secretaries and State officers chasing votes for Jubilee if the chief public prosecutor does not act.
Nasa campaign chief Musalia Mudavadi on Thursday said the coalition had written to Director of Public Prosecutions Keriako Tobiko to charge seven ministers.
KRA BOSS
The alliance said it had given Mr Tobiko seven days to charge Cabinet secretaries Fred Matiang'i (Education), Joseph Nkaissery (Interior), Najib Balala (Tourism) and Mwangi Kiunjuri (Devolution) with breach of law.
The Raila Odinga camp also wants James Macharia (Transport), Eugene Wamalwa (Water) and Cleopa Mailu (Health) to face charges.
"Kenyans who may not be aware of the gross abuse of office by President Uhuru Kenyatta and cohorts should know that the IEBC, DCI, and DPP are aware of the violations but are conveniently colluding to defraud citizens of free, fair and credible elections," Mr Mudavadi told journalists in Nairobi.
Others the opposition wants dragged to court are Kenya Revenue Authority Director-General John Njiraini and Energy Principal Secretary John Njoroge.
DEFENCE
“When the head of the government's chief revenue collection agency, KRA, is a direct donor of taxpayer's money to a political party, then the National Treasury and economy are in jeopardy," he said.
All the Cabinet secretaries mentioned have, however, argued they were only doing their jobs, demonstrating to the people how they have worked in the past four years.
Mr Njiraini and Mr Njoroge, on the other hand, have said they appeared at the fundraiser as individuals.
But Nasa maintains they are breaking the law and also wants the Independent Electoral and Boundaries Commission (IEBC) to crack down on them.
"We believe the IEBC does not require prompting to penalise Uhuru Kenyatta for using the GOK delivery portal to advertise jubilee message under the guise of informing Kenyans about government programmes."
(http://omollosview.com/wp-content/uploads/2017/06/Nasa_Declares_War.jpg)
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I watched that press address. NASA seems to think CS cannot campaign for Jubilee... use GoK delivery portal for campaigns, heck Uhuru can't even talk about SGR cos it is a "state" project :o The idea that CS's - who are PORK's direct assistants and will be fired on the spot in case he loses - are "state officers" and should be neutral is misguided morony. Even county execs should campaign for incumbent governor to whom they owe allegiance.
Of course we draw a line with an under-performer like Kiunjuri, who after taking over from award-winning Waiguru, was first managing Jubilee merger and then campaigning while drought is his docket. The only prop Kiunjuri has on Waiguru is her soiled name. Another dismal performer is Wamalwa - water shortages everywhere and the moron thinks he has performed.
NASA should rate the CS's instead of whining about state officer.
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The law is the law. The reason Uhuru and Ruto are so pedestrian about all this is because they were either with Moi or too young drinking Nyayo milk when people like Orengo were fighting Moi for these rights.
A CS is paid and hired to serve the entire country with partisanship. That is why the jobs were depoliticized in the constitution.
SGR is NOT a jubilee project. It is a state project funded by public funds. Why would a political party parade it? Whichever country you live in tell me if the party in power uses state resources and then boasts of having "brought development", this or that.
Any way we can't argue about it. There is a law specifically forbidding it. First you repeal the law then discuss this.
I have no idea which Jubilee minister has achieved. Waiguru was said to be the biggest achiever. How do you take 791 millions to a slum, pay youths from your handbag to clear drainages and say you are doing more than "Laira"? She should have called the Nairobi County Government negotiated a clear scope of work and handed over the cash with her ministry working with Public works, Chief Quantity surveyor, etc to supervise and release the money as the desired objectives are met.
Wamalwa will go to prison to be sodomized for stealing Galana billions. That I can guarantee. I fear he would be dead within two weeks of being arrested.
Kiunjuri is among the three in Uhuru's plan B. Plan A is his brother and son.
I watched that press address. NASA seems to think CS cannot campaign for Jubilee... use GoK delivery portal for campaigns, heck Uhuru can't even talk about SGR cos it is a "state" project :o The idea that CS's - who are PORK's direct assistants and will be fired on the spot in case he loses - are "state officers" and should be neutral is misguided morony. Even county execs should campaign for incumbent governor to whom they owe allegiance.
Of course we draw a line with an under-performer like Kiunjuri, who after taking over from award-winning Waiguru, was first managing Jubilee merger and then campaigning while drought is his docket. The only prop Kiunjuri has on Waiguru is her soiled name. Another dismal performer is Wamalwa - water shortages everywhere and the moron thinks he has performed.
NASA should rate the CS's instead of whining about state officer.
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We don't have to agree with the laws... for instance you don't agree with the attempted repeal of section 2A (party hopping). Bad laws should be ignored and challenged in court if push comes to shove. The CS's should keep it up - and NASA, NGOs, IEBC, etc should take them to court if they have violated any laws.
The law is the law. The reason Uhuru and Ruto are so pedestrian about all this is because they were either with Moi or too young drinking Nyayo milk when people like Orengo were fighting Moi for these rights.
Of course they are, and so is PORK. That does not stop them from advocating political policy. Jubilee is a national party. A county exec in Mombasa is expected to serve all residents fairly and advocating Joho's policies does not stop that all.
A CS is paid and hired to serve the entire country with partisanship. That is why the jobs were depoliticized in the constitution.
Of course SGR is a state project. The head of state is the Jubilee Party Leader. It is called democracy - the winner has mandate to manage state resources and explain his management of the said resources to the voters at the elections. Trump will claim in 2018/20 how he brought back jobs from Mexico and China to America... using state resources (policies, laws, incentives, etc).
SGR is NOT a jubilee project. It is a state project funded by public funds. Why would a political party parade it? Whichever country you live in tell me if the party in power uses state resources and then boasts of having "brought development", this or that.
Any way we can't argue about it. There is a law specifically forbidding it. First you repeal the law then discuss this.
This is subjective but I agree with you in principle. Waiguru was awarded by the UN for Huduma Centers along with Maggy's Beyond Zero. Considering our dismal benchmark that is noteworthy.
I have no idea which Jubilee minister has achieved. Waiguru was said to be the biggest achiever. How do you take 791 millions to a slum, pay youths from your handbag to clear drainages and say you are doing more than "Laira"? She should have called the Nairobi County Government negotiated a clear scope of work and handed over the cash with her ministry working with Public works, Chief Quantity surveyor, etc to supervise and release the money as the desired objectives are met.
Wamalwa will go to prison to be sodomized for stealing Galana billions. That I can guarantee. I fear he would be dead within two weeks of being arrested.
Kiunjuri is among the three in Uhuru's plan B. Plan A is his brother and son.
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Robina
If everyone said I don't agree with the law that protects my neighbor's land and so I will raze his home to the ground and let him go to court where I am sure the courts will dispense with the law... you realize that would be war.
A government has no option but to bend over backwards and obey the law. In some silly jurisdictions like the US where their own jurisprudence has place corporations, government etc on the same footing as Human Beings, we have had cases of citizens resorting to violence and their defense has been "well, the government started it".
Fine, CS should proceed because you do not agree with the laws that forbid them from either working for anybody else than the state and from engaging in partisan politics. So let me ask you a question:
CS have an administrative / legal role. They are required by law to make certain decisions exercising their discretion. The CS Internal Security is given wind powers to issue directions to the IG on policy, Designate certain areas as he deems fit for security etc; The Minister for Health may also take decisions on matters of public health while the Education CS has powers over the school calendar and many issues previously under the Director of Education - until the late seventies a Mzungu or their lackey (Mzungu could not trust an independence African politician to make fair decisions on education).
What are the chances that even if the minister makes the decision fairly and without prejudice, a person shall not claim that he did so out of political malice arising from his political beliefs?
CASE IN POINT: Joho's guns and security was withdrawn. He went to court and it played out as I have suggested. The court saw politics in a security decision and threw hot water in Nkaissery's face.
We don't have to agree with the laws... for instance you don't agree with the attempted repeal of section 2A (party hopping). Bad laws should be ignored and challenged in court if push comes to shove. The CS's should keep it up - and NASA, NGOs, IEBC, etc should take them to court if they have violated any laws.
Of course they are, and so is PORK. That does not stop them from advocating political policy. Jubilee is a national party. A county exec in Mombasa is expected to serve all residents fairly and advocating Joho's policies does not stop that all.
A CS is paid and hired to serve the entire country with partisanship. That is why the jobs were depoliticized in the constitution.
Of course SGR is a state project. The head of state is the Jubilee Party Leader. It is called democracy - the winner has mandate to manage state resources and explain his management of the said resources to the voters at the elections. Trump will claim in 2018/20 how he brought back jobs from Mexico and China to America... using state resources (policies, laws, incentives, etc).
This is subjective but I agree with you in principle. Waiguru was awarded by the UN for Huduma Centers along with Maggy's Beyond Zero. Considering our dismal benchmark that is noteworthy.
I can arrange a UN Prize for you any day. Just make a proper donation to the right fund and you in.
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The penal code is separate from civil law and conduct guidelines... so no we should not evict our neighbors. CSs can be taken to court if they are seen to be biased as in Nkaisery's case. Nothing to do with political leaning. Unlike Boinet, judges, etc CS's are political appointees and therefore are automatically trapped into partisanship. That is our point of departure. Gagging them is time wastage as we can now see.
Robina
If everyone said I don't agree with the law that protects my neighbor's land and so I will raze his home to the ground and let him go to court where I am sure the courts will dispense with the law... you realize that would be war.
A government has no option but to bend over backwards and obey the law. In some silly jurisdictions like the US where their own jurisprudence has place corporations, government etc on the same footing as Human Beings, we have had cases of citizens resorting to violence and their defense has been "well, the government started it".
Fine, CS should proceed because you do not agree with the laws that forbid them from either working for anybody else than the state and from engaging in partisan politics. So let me ask you a question:
CS have an administrative / legal role. They are required by law to make certain decisions exercising their discretion. The CS Internal Security is given wind powers to issue directions to the IG on policy, Designate certain areas as he deems fit for security etc; The Minister for Health may also take decisions on matters of public health while the Education CS has powers over the school calendar and many issues previously under the Director of Education - until the late seventies a Mzungu or their lackey (Mzungu could not trust an independence African politician to make fair decisions on education).
What are the chances that even if the minister makes the decision fairly and without prejudice, a person shall not claim that he did so out of political malice arising from his political beliefs?
CASE IN POINT: Joho's guns and security was withdrawn. He went to court and it played out as I have suggested. The court saw politics in a security decision and threw hot water in Nkaissery's face.
I can arrange a UN Prize for you any day. Just make a proper donation to the right fund and you in.
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The penal code is separate from civil law and conduct guidelines... so no we should not evict our neighbors. CSs can be taken to court if they are seen to be biased as in Nkaisery's case. Nothing to do with political leaning. Unlike Boinet, judges, etc CS's are political appointees and therefore are automatically trapped into partisanship. That is our point of departure. Gagging them is time wastage as we can now see.
(http://omollosview.com/wp-content/uploads/2017/06/Election-Offences-Act.jpg)(http://omollosview.com/wp-content/uploads/2017/06/Public-Officers-Law.jpg)
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The dotted line between the two... and why the ball is in Tobiko's or EACC's court... so the CSs can field the argument that as political appointees their role is separate from judges, cops, technocrats and other state officers. It is what I meant with ignoring bad laws. I am with them.
(http://omollosview.com/wp-content/uploads/2017/06/Election-Offences-Act.jpg)(http://omollosview.com/wp-content/uploads/2017/06/Public-Officers-Law.jpg)
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The penal code is separate from civil law and conduct guidelines... so no we should not evict our neighbors. CSs can be taken to court if they are seen to be biased as in Nkaisery's case. Nothing to do with political leaning. Unlike Boinet, judges, etc CS's are political appointees and therefore are automatically trapped into partisanship. That is our point of departure. Gagging them is time wastage as we can now see.
(http://omollosview.com/wp-content/uploads/2017/06/Election-Offences-Act.jpg)(http://omollosview.com/wp-content/uploads/2017/06/Public-Officers-Law.jpg)
Looks like it ought to be a slam dunk case. I would be surprised if an impartial judge takes more than a minute to arrive at the same conclusion.
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The dotted line between the two... and why the ball is in Tobiko's or EACC's court... so the CSs can field the argument that as political appointees their role is separate from judges, cops, technocrats and other state officers. It is what I meant with ignoring bad laws. I am with them.
That it is separate is not in dispute. It is obvious they are not cops or judges or other state officers. I think it's a stretch to imagine that they are anything other than state officers.
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The dotted line between the two... and why the ball is in Tobiko's or EACC's court... so the CSs can field the argument that as political appointees their role is separate from judges, cops, technocrats and other state officers. It is what I meant with ignoring bad laws. I am with them.
That issue was settled when Uhuru resigned as minister for Finance.
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260. In this Constitution, unless the context requires otherwise—
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.
.
.
“State office” means any of the following offices—
(a) President;
(b) Deputy President;
(c) Cabinet Secretary;
(d) Member of Parliament;
(e) Judges and Magistrates;
(f) member of a commission to which Chapter Fifteen applies;
(g) holder of an independent office to which Chapter Fifteen applies;
(h) member of a county assembly, governor or deputy governor of a county, or other member of the executive committee of a county government;
(i) Attorney-General;
(j) Director of Public Prosecutions;
(k) Secretary to the Cabinet;
(l) Principal Secretary;
(m) Chief of the Kenya Defence Forces;
(n) commander of a service of the Kenya Defence Forces; (o) Director-General of the National Intelligence Service;
(p) Inspector-General, and the Deputy Inspectors-General, of the National Police Service; or
(q) an office established and designated as a State office by national legislation;
“State officer” means a person holding a State office;
“State organ” means a commission, office, agency or other body established under this Constitution;
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We are discussing this because, while they are clearly state officers, so is the president, governors, etc who are also party politicians. Unlike a judge, a CS executes partisan policy. The issue is whether he is to evangelize the said policy and at what point that ceases to be duty and becomes an offence.
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We are discussing this because, while they are clearly state officers, so is the president, governors, etc who are also party politicians. Unlike a judge, a CS executes partisan policy. The issue is whether he is to evangelize the said policy and at what point that ceases to be duty and becomes an offence.
It's one of those cases where Potter Stewart's analogy comes in hand. Without defining it, a judge will know pornography when he sees it. If I am DPP, these are cases that are easy to argue. Bring them in-front of the judge and let him make the call.
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Tells us nothing. Almost all the state officers in this list are busy campaigning - are they committing electoral offences or just the CSs?
260. In this Constitution, unless the context requires otherwise—
.
.
.
.
“State office” means any of the following offices—
(a) President;
(b) Deputy President;
(c) Cabinet Secretary;
(d) Member of Parliament;
(e) Judges and Magistrates;
(f) member of a commission to which Chapter Fifteen applies;
(g) holder of an independent office to which Chapter Fifteen applies;
(h) member of a county assembly, governor or deputy governor of a county, or other member of the executive committee of a county government;
(i) Attorney-General;
(j) Director of Public Prosecutions;
(k) Secretary to the Cabinet;
(l) Principal Secretary;
(m) Chief of the Kenya Defence Forces;
(n) commander of a service of the Kenya Defence Forces; (o) Director-General of the National Intelligence Service;
(p) Inspector-General, and the Deputy Inspectors-General, of the National Police Service; or
(q) an office established and designated as a State office by national legislation;
“State officer” means a person holding a State office;
“State organ” means a commission, office, agency or other body established under this Constitution;
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Robina,
If you look at the link Omollo shared, you will see something like this
A public officer who -
...
b) publicly indicates support for or opposition against any party, side or candidate participating in an election.
c) engages in political campaigns or other political activity.
...
As an example, if Eugene Wamalwa appears at a jubilee campaign event, and promotes the party, he is in violation.
That is as clear as I can imagine it getting short of naming specific officials and activities. I believe the constitution makes an exception for the President and his deputy and other elective offices, even though I am not at a good place to pull that information up.
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It fails to designate CSs as part of the public officers banned from partisanship. They have been making that argument, and I agree with them, due to the nature of their job. Show us the part of the law or the constitution that clearly puts the CS in the non-partisan public officer basket.
Robina,
If you look at the link Omollo shared, you will see something like this
A public officer who -
...
b) publicly indicates support for or opposition against any party, side or candidate participating in an election.
c) engages in political campaigns or other political activity.
...
As an example, if Eugene Wamalwa appears at a jubilee campaign event, and promotes the party, he is in violation.
That is as clear as I can imagine it getting short of naming specific officials and activities. I believe the constitution makes an exception for the President and his deputy and other elective offices, even though I am not at a good place to pull that information up.
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I posted section 260 of the constitution that designates State Officers. You read it and remarked that all are campaigning and then concluded that because they are all breaking the law, it can't be true.
Welcome to the reality that is Uhuru Kenyatta. He set out to wreck the constitution and he is doing it with reckless abandon. He is encouraging all those around him to join him in desecrating it. He went to state house to wreck the constitution.
But when the time comes, he will mention it a zillion times.
It fails to designate CSs as part of the public officers banned from partisanship. They have been making that argument, and I agree with them, due to the nature of their job. Show us the part of the law or the constitution that clearly puts the CS in the non-partisan public officer basket.
Robina,
If you look at the link Omollo shared, you will see something like this
A public officer who -
...
b) publicly indicates support for or opposition against any party, side or candidate participating in an election.
c) engages in political campaigns or other political activity.
...
As an example, if Eugene Wamalwa appears at a jubilee campaign event, and promotes the party, he is in violation.
That is as clear as I can imagine it getting short of naming specific officials and activities. I believe the constitution makes an exception for the President and his deputy and other elective offices, even though I am not at a good place to pull that information up.
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Here Uhuru acts to legalize his illegality. Instead of conforming to the law, he seeks to get rid of it. Why not then just go back to MPs becoming ministers?
(https://pbs.twimg.com/media/DBp4VR8XgAEDkvn.jpg)(https://pbs.twimg.com/media/DBp4Xh5XgAIjqaM.jpg)(https://pbs.twimg.com/media/DBp4bIJWsAAx_3Q.jpg)
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It fails to designate CSs as part of the public officers banned from partisanship. They have been making that argument, and I agree with them, due to the nature of their job. Show us the part of the law or the constitution that clearly puts the CS in the non-partisan public officer basket.
Robina,
If you look at the link Omollo shared, you will see something like this
A public officer who -
...
b) publicly indicates support for or opposition against any party, side or candidate participating in an election.
c) engages in political campaigns or other political activity.
...
As an example, if Eugene Wamalwa appears at a jubilee campaign event, and promotes the party, he is in violation.
That is as clear as I can imagine it getting short of naming specific officials and activities. I believe the constitution makes an exception for the President and his deputy and other elective offices, even though I am not at a good place to pull that information up.
Legally, there is no doubt they are in violation. I will show you when I get a chance. I know for a fact that CSs are not exempt from that rule.
The nature of the job argument, aside from not making a legal point, is still debatable. Robert Gates, to pick an example, is a Republican, who served as Defence Secretary for Obama. At no point was he required or even expected to endorse or promote the Democratic Party of his boss, in the performance of his duties.
For the Eugene Wamalwas of this world, which part of their work is hindered if they can't campaign for the BOSS?
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Legally, there is no doubt they are in violation. I will show you when I get a chance. I know for a fact that CSs are not exempt from that rule.
The nature of the job argument, aside from not making a legal point, is still debatable. Robert Gates, to pick an example, is a Republican, who served as Defence Secretary for Obama. At no point was he required or even expected to endorse or promote the Democratic Party of his boss, in the performance of his duties.
For the Eugene Wamalwas of this world, which part of their work is hindered if they can't campaign for the BOSS?
Eugene has been effecting Uhuru's water and irrigation policies via Galana etc, so he has to explain to the public his achievements so far as Uhuru's assistant. If they collectively fail they pack - just as the governors, MPs, etc. No exceptions.
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Legally, there is no doubt they are in violation. I will show you when I get a chance. I know for a fact that CSs are not exempt from that rule.
The nature of the job argument, aside from not making a legal point, is still debatable. Robert Gates, to pick an example, is a Republican, who served as Defence Secretary for Obama. At no point was he required or even expected to endorse or promote the Democratic Party of his boss, in the performance of his duties.
For the Eugene Wamalwas of this world, which part of their work is hindered if they can't campaign for the BOSS?
Eugene has been effecting Uhuru's water and irrigation policies via Galana etc, so he has to explain to the public his achievements so far as Uhuru's assistant. If they collectively fail they pack - just as the governors, MPs, etc. No exceptions.
It is illegal. He should have done that BEFORE elections were called. Once the elections are called it becomes illegal. I will post the entire law sometime in the day. I am busy now
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Legally, there is no doubt they are in violation. I will show you when I get a chance. I know for a fact that CSs are not exempt from that rule.
The nature of the job argument, aside from not making a legal point, is still debatable. Robert Gates, to pick an example, is a Republican, who served as Defence Secretary for Obama. At no point was he required or even expected to endorse or promote the Democratic Party of his boss, in the performance of his duties.
For the Eugene Wamalwas of this world, which part of their work is hindered if they can't campaign for the BOSS?
Eugene has been effecting Uhuru's water and irrigation policies via Galana etc, so he has to explain to the public his achievements so far as Uhuru's assistant. If they collectively fail they pack - just as the governors, MPs, etc. No exceptions.
My bad. Whatever I had in mind is restrictions on running for elective office, not general political activities. There is nothing specific in the constitution that outlaws their activities; at least not in a blanket sense(all CSs).
But Omolo's link shows that their political activities are outlawed. The consensus, that the President and DP, the two elected state officers are exempt is sensible.
The idea that Eugene somehow can't effect Galana or his docket's policies without giving praises to Jubilee or reminding whoever it is that he was appointed by Uhuru, is simply crazy. Robert Gates is able to do his work without praising Democrats or Obama just fine(and there is no US statute or any law against it; just tradition). Why can't Eugene or Nkaissery(in a country where they are forbidden by law)?
While I can't find anything specific in the constitution, outside of the statute shared by Omollo, that outlaws their activities, there are still some restrictions, even in the constitution for people like Nkaissery.
Chapter 14, (239)(3)
In performing their functions and exercising their powers, the national security organs and every member of the national security organs shall not
(a) act in a partisan manner;
(b) further any interest of a political party or cause; ...
Nkaiserry is a member of these organs.
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The intention of the "information" is what is at the root of this. The election has been declared, parliament gone on a death recess, the same to county assemblies, the president is effectively an "acting president" and then you come up with "information"? The intention is to CAMPAIGN for one side.
Nobody is stopping Eugene from holding a press conference to address legitimate matters concerning the failed Galana-Kulalu Scheme. But if the intention is to win favor for any party then he is engaging in politics.
We shall institute private prosecution of a number of them next week. I have advised against the inclusion of Eunice since these cases will go beyond the election and will get serious after Uhuru is removed. Eunice can die in prison.
Kiunjuri is playing with fire because should he be found guilty he will automatically be banned from the 2022 election. So as he nurses presidential ambitions, he should start using his head. His own friends can work to have him convicted.
I am definitely for Nkaissery's trial. I want to see him REFUSE to attend court and I want the IG to pretend he cant be found when a warrant is issued. This will expose Jubilee for the lawless motherfuckers they are.
My bad. Whatever I had in mind is restrictions on running for elective office, not general political activities. There is nothing specific in the constitution that outlaws their activities; at least not in a blanket sense(all CSs).
But Omolo's link shows that their political activities are outlawed. The consensus, that the President and DP, the two elected state officers are exempt is sensible.
The idea that Eugene somehow can't effect Galana or his docket's policies without giving praises to Jubilee or reminding whoever it is that he was appointed by Uhuru, is simply crazy. Robert Gates is able to do his work without praising Democrats or Obama just fine(and there is no US statute or any law against it; just tradition). Why can't Eugene or Nkaissery(in a country where they are forbidden by law)?
While I can't find anything specific in the constitution, outside of the statute shared by Omollo, that outlaws their activities, there are still some restrictions, even in the constitution for people like Nkaissery.
Chapter 14, (239)(3)
In performing their functions and exercising their powers, the national security organs and every member of the national security organs shall not
(a) act in a partisan manner;
(b) further any interest of a political party or cause; ...
Nkaiserry is a member of these organs.
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Omollo if wishes were horses :o
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Omollo if wishes were horses :o
I wish you were more clear like Yule Musee in stating what you think is wishful thinking.
I want to assume its the prosecution of ministers.
Here is the way it works:
1. A person citing the constitution can institute private prosecutions.
2. Due to legal precedents, one may need to show a reluctance on the part of the DPP to prosecute (though this is only so as to minimize the chances of the court agreeing to a possible application by the DPP to take over and discontinue the charges - something Wako specialized in doing)
3. Once charged, the CSs will be bound by the law to cease working
Please fell free to ask me to clarify any other "wish".
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I wish you were more clear like Yule Musee in stating what you think is wishful thinking.
I want to assume its the prosecution of ministers.
Here is the way it works:
1. A person citing the constitution can institute private prosecutions.
2. Due to legal precedents, one may need to show a reluctance on the part of the DPP to prosecute (though this is only so as to minimize the chances of the court agreeing to a possible application by the DPP to take over and discontinue the charges - something Wako specialized in doing)
3. Once charged, the CSs will be bound by the law to cease working
Please fell free to ask me to clarify any other "wish".
Laughable at best. Let us assume Raila wins: these guys would start singing praises for NASA and "Eunice" the parrot might even land an ambassador position. So you can stop dreaming about prosecutions. Remember #Lockherup?
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Laughable at best. Let us assume Raila wins: these guys would start singing praises for NASA and "Eunice" the parrot might even land an ambassador position. So you can stop dreaming about prosecutions. Remember #Lockherup?
I will give it one more try one last time:
1. The prosecutions are supposed to be NOW for the crimes being committed NOW
2. This comes after GoK and DPP refused to act to stop the violations;
3. The law allows for private prosecutions
The idea is to file charges and force them to be interdicted.
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I will give it one more try one last time:
1. The prosecutions are supposed to be NOW for the crimes being committed NOW
2. This comes after GoK and DPP refused to act to stop the violations;
3. The law allows for private prosecutions
The idea is to file charges and force them to be interdicted.
This is even better. Should we watch out for it in the evening news?
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DPP writes to CID over NASA complaints
https://www.standardmedia.co.ke/article/2001244540/dpp-writes-to-cid-over-nasa-complaints
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DPP writes to CID over NASA complaints
https://www.standardmedia.co.ke/article/2001244540/dpp-writes-to-cid-over-nasa-complaints
He is pre-empting the NASA private prosecution by setting in motion delaying tactics
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He is pre-empting the NASA private prosecution by setting in motion delaying tactics
I wouldn't put it past him. If there is one systemic failure under the new constitution it's the DPP. At first I imagined he was hired only to shield Uhuruto from PEV manenos and that his mettle would shine elsewhere. Alas, was I wrong! Ironically his resume really wows, what a waste.
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Robina
I agree
Many of these people have seen their careers come to a rapid sunset because of working with regimes like Uhuru Kenyatta's. In this global world who would not read about Githu Muigai's role as Consigliere for the Kenyatta mafia? How then would such a person vote to give him a serious job unless he was out to recruit a loyal poodle who would bend the law to suit his master?
Amos Wako had a wonderful career and a promising international role. Then Moi happened and he became Kibaki's adviser on how not to pass the new constitution. The bastard actually received orders from Kiraitu Murungi to write a constitution that would get Kibaki re-elected and he did and wanted us to vote for it
He is pre-empting the NASA private prosecution by setting in motion delaying tactics
I wouldn't put it past him. If there is one systemic failure under the new constitution it's the DPP. At first I imagined he was hired only to shield Uhuruto from PEV manenos and that his mettle would shine elsewhere. Alas, was I wrong! Ironically his resume really wows, what a waste.
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These men have security of tenure so they don't have to listen to anyone. With sterling careers, international reputations. Must be the quick cash that beats them. A corrupt AG or DPP - seriously powerful jobs - is bound to retire with loads of billions. You can smell it on Wako who has retired into the Senate. Unlike other idiots who are now clamoring for governor, Wako knew the Senate is toothless and is content to be there.
Robina
I agree
Many of these people have seen their careers come to a rapid sunset because of working with regimes like Uhuru Kenyatta's. In this global world who would not read about Githu Muigai's role as Consigliere for the Kenyatta mafia? How then would such a person vote to give him a serious job unless he was out to recruit a loyal poodle who would bend the law to suit his master?
Amos Wako had a wonderful career and a promising international role. Then Moi happened and he became Kibaki's adviser on how not to pass the new constitution. The bastard actually received orders from Kiraitu Murungi to write a constitution that would get Kibaki re-elected and he did and wanted us to vote for it
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These men have security of tenure so they don't have to listen to anyone. With sterling careers, international reputations. Must be the quick cash that beats them. A corrupt AG or DPP - seriously powerful jobs - is bound to retire with loads of billions. You can smell it on Wako who has retired into the Senate. Unlike other idiots who are now clamoring for governor, Wako knew the Senate is toothless and is content to be there.
They certainly could do a lot better ... but, looking at what it must look like from the other side: At the end of the day, it has to do with what Kenyans want. For the most part---that is unless they are getting some serious shafting, Moi style---they are mostly content with "our man!" and "eating" and getting "sponsored" .... Perhaps fair enough: as a general rule, the rabble is good for cannon fodder in "the revolution", but that's it; by definition, they cannot lead. (I am hard-pressed to think of any "people's revolution" that actually succeeded without "topP leadership.)
Now, if the people at the top---the so-called leaders---have other priorities, and the rabble are preoccupied with their rabble business---e.g., suffering and starving while surfing the web on the toddler's tablet---what's a person in the middle to do? Do the right thing and get it from both sides? Depending on the stage of life, it might be hard to resist the temptation to "retire on the job". That is what Wako is doing in the Senate; Tobiko is in a slightly different position, because he has to show signs of life ... daily cases to be prosecuted or allegedly prosecuted, etc. But signs of live and actually living, let alone doing the right thing in life, are quite different.
There is now a lot of excitement about the IEBC. All of it has to do with the counting of votes and the declaration of eaters winners. But a major part of the IEBC's mandate is "voter education". Has anyone---IEBC, Government, Opposition, ...---shown any real effort, of even just concern, in that direction at any time in the last 5 years?
Perhaps we should just accept that most Kenyans actually have few problems with things as they are. Yes, when (think Aug 8th) there are new openings for the "eating", there will be a certain amount of jockeying-for-position, and, inevitably that will generate a great deal of excitement, but that's about it. Nor should it be surprising that much of this excitement comes rather later in the day and intensifies as "D-Day" gets closer ... but a "plus" is that the "preliminary mayhem" is not what it used to be.
A CS loses her job because of excessive theft in her watch? Well, then, the next step is (with the support of the "our people") to run for high political office. An escaped-convict manages, by way of handouts, to worm his way into some political office? Well, then, the next step is surely higher political office. We are a country of thieves and scoundrels and what-not, from the lowest level to the highest. Here's an "exercise" I suggest, and I have done it so I know the results: use Google (!) or whatever to look at "Kenya News". For any given year, count the number of weeks without some serious stuff on theft and all sorts of corruption.)
Now, here we are. June 2017. All sorts of "appropriate" representatives of the aforementioned state of things are lining up all sorts of political office, but apparently there is not a single one of them that can be barred (as per the laws of the land) on the basis of questionable character, dodgy integrity, etc. All are safi kama pamba.
I see don't see much fundamental change in Kenya until the people decide that they want it. Historically that has required a certain amount of savagery, e.g. Moi beating the crap out of them. We have, relatively, done well with the new Constitution, but (after the initial round) that required the mayhem of the PEV.
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The heroes are dead MOON Ki. The last of the endangered species I think are Omtatah and Boniface Mwangi, he of the "MPigs" no-tax-exemption fame. We still desperately need those even while courting the enterprising fortune-building breed. I think passage of the new constitution made the change agents take a recess in the misjudgment Sinai is Caanan.