Nipate

Forum => Kenya Discussion => Topic started by: vooke on January 29, 2020, 09:31:27 PM

Title: Waititi Impeached!
Post by: vooke on January 29, 2020, 09:31:27 PM
I heard 28:11 votes on all the three charges

Tanga Tanga roaches better strategize and stop counting on their imaginary majority

Viva!
Title: Re: Waititi Impeached!
Post by: Nefertiti on January 29, 2020, 09:38:58 PM
RV Pundit? any fresh spin? - i heard they didn't save him cause Waititu has no more value for Ruto :)
Title: Re: Waititi Impeached!
Post by: KenyanPlato on January 29, 2020, 09:39:57 PM
Adios stupid Goan moron
Title: Re: Waititi Impeached!
Post by: KenyanPlato on January 29, 2020, 09:40:24 PM
Impeach that sickly cow called ruto now
Title: Re: Waititi Impeached!
Post by: Nefertiti on January 29, 2020, 09:52:40 PM
What a fool. Waititu relocated from Nairobi and Uhuru let him in there to be governor easy through mlolongo ukora. Then he started chest-thumping and defying him to drum up Ruto. That's such pride and stupidity.
Title: Re: Waititi Impeached!
Post by: RV Pundit on January 29, 2020, 10:08:17 PM
It impossible to defend such a foolish thief who steal like a fool. Those 11 were doing it for political mileage - .but it would have been best to let him hang.
Title: Re: Waititi Impeached!
Post by: RV Pundit on January 29, 2020, 10:09:30 PM
Who is GOAN; the father?
Adios stupid Goan moron
Title: Re: Waititi Impeached!
Post by: Garliv on January 30, 2020, 12:13:43 AM
We better agree that if there was GENUINE war on corruption, very few Governors and MPs plus hosts of other government functionaries would escape prosecution.

But what's going on at the moment is the fight against corruption has become the enforcing arm of BBI. Indeed if Waititu Precedence is to be applied then every Governor charged should be impeached.

Waititu isn't clean. He has his issues, and crude ones too but let's not pretend that he's trouble chiefly because of him being corrupt.

Sonko is next. Once Kananu is in office of Deputy then Sonko will be appearing next at the Senate.


What a fool. Waititu relocated from Nairobi and Uhuru let him in there to be governor easy through mlolongo ukora. Then he started chest-thumping and defying him to drum up Ruto. That's such pride and stupidity.
Title: Re: Waititi Impeached!
Post by: Garliv on January 30, 2020, 12:21:35 AM
Whereas that is true, It is also true that for purely strategic and optics reasons, there is no way to save Waititu or Sonko even. Reason being even if there good reasons not to approve impeachment, the propaganda would be Ruto Group is condoning corruption. They have to therefore play ball.
Unfortunately BBI/Kieleweke Team has control of  "inside Government" which can arrest any TangaTanga member at will and claim they fighting corruption.

This Uhuru/Raila Alliance is now getting to the level of dark days of Mtukufu Rais. And it's 2020!


It impossible to defend such a foolish thief who steal like a fool. Those 11 were doing it for political mileage - .but it would have been best to let him hang.
Title: Re: Waititi Impeached!
Post by: patel on January 30, 2020, 12:30:15 AM
next..Narok governor, governor Tunai....no one can stop reggae.

It impossible to defend such a foolish thief who steal like a fool. Those 11 were doing it for political mileage - .but it would have been best to let him hang.
Title: Re: Waititi Impeached!
Post by: Georgesoros on January 30, 2020, 12:42:15 AM
From Embakasi, that guy was a true tribalist, calling Maasais all kinds of names.
Title: Re: Waititi Impeached!
Post by: Kadudu on January 30, 2020, 12:50:51 AM
That made him more popular by "his people".

From Embakasi, that guy was a true tribalist, calling Maasais all kinds of names.
Title: Re: Waititi Impeached!
Post by: Nefertiti on January 30, 2020, 06:49:56 AM
Waititu's real crime is supporting William Ruto for president. Noone is pretending otherwise. Like Sonko there are two reasons to hang him - 1) send a clear message to any would- be Ruto backers in Mt Kenya. No governor there will touch him with a 10ft pole. Wa Iria and Waiguru have become fierce critics. The rest simply avoid him. 2) maintain the war on corruption facade. This I believe is the reason to hang Sonko despite his quick about-turn from the Ruto bandwagon.

This is principally a Mt Kenya war as Uhuru brings down the hammer. You are either with BBI or be as clean as Caesar's wife. Expect drug dealers like Joho to enjoy full impunity.

We better agree that if there was GENUINE war on corruption, very few Governors and MPs plus hosts of other government functionaries would escape prosecution.

But what's going on at the moment is the fight against corruption has become the enforcing arm of BBI. Indeed if Waititu Precedence is to be applied then every Governor charged should be impeached.

Waititu isn't clean. He has his issues, and crude ones too but let's not pretend that he's trouble chiefly because of him being corrupt.

Sonko is next. Once Kananu is in office of Deputy then Sonko will be appearing next at the Senate.
Title: Re: Waititi Impeached!
Post by: KenyanPlato on January 30, 2020, 09:56:06 AM
Who is GOAN; the father?
Adios stupid Goan moron

His mother was a slum "business lady"
Title: Re: Waititi Impeached!
Post by: KenyanPlato on January 30, 2020, 10:00:55 AM
We better agree that if there was GENUINE war on corruption, very few Governors and MPs plus hosts of other government functionaries would escape prosecution.

But what's going on at the moment is the fight against corruption has become the enforcing arm of BBI. Indeed if Waititu Precedence is to be applied then every Governor charged should be impeached.

Waititu isn't clean. He has his issues, and crude ones too but let's not pretend that he's trouble chiefly because of him being corrupt.

Sonko is next. Once Kananu is in office of Deputy then Sonko will be appearing next at the Senate.


What a fool. Waititu relocated from Nairobi and Uhuru let him in there to be governor easy through mlolongo ukora. Then he started chest-thumping and defying him to drum up Ruto. That's such pride and stupidity.

You love conspiracies every thing to you has to have a invincible hand. You are a yarn spinner. Waititi was caught looting. His was not even corruption or fraud it was looting of kiambu coffers in a crude manner. He lost all his initial CEC most refused to get involved. One is a good friend and Waititi ought to he hanged

Same thing with ruto. His son was looting dod till military intelligence asked kenyatta to reign him.
Title: Re: Waititi Impeached!
Post by: RV Pundit on January 30, 2020, 11:03:03 AM
So he went to India to look for his father because clearly he didn't get that much education :)
His mother was a slum "business lady"
Title: Re: Waititi Impeached!
Post by: Kadudu on January 30, 2020, 11:29:32 AM
I know a person who studied with Waititu in India. Waititu has university education. He is not the most articulate person in this world, but he is not as ignorant as he sometimes potraits himself. Waititu is not in the league of Sonko.

So he went to India to look for his father because clearly he didn't get that much education :)
Title: Re: Waititi Impeached!
Post by: KenyanPlato on January 30, 2020, 11:34:21 AM
I know a person who studied with Waititu in India. Waititu has university education. He is not the most articulate person in this world, but he is not as ignorant as he sometimes potraits himself. Waititu is not in the league of Sonko.

So he went to India to look for his father because clearly he didn't get that much education :)

Education in most Indian institutions is poor. Kids from rich families went there and most came back as dumb as they left if not dumber ..some came back with a hashish addiction fuck some worked as kahabas giving muhindi that African nookie
Title: Re: Waititi Impeached!
Post by: Garliv on January 30, 2020, 11:49:14 AM
Yap. Conspiracy theories. You know that term was popularised by CIA to denigrate anything that does not follow or agree with "officially sanctioned" narrative. So no wonder you truly believe man is responsible for climate change nonsense without question.

Didn't you claim to be Interested in Limuru seat? Get to the ground and start challenging BBI. But you may be lucky and get ignored since most likely you are little known in the area or in politics.

NB: issue is selective prosecution/engineered impeachment and am not claiming Waititu is innocent.
Actually Waititu legal team should have brought in MCAs who allegedly voted for his impeachment but its provable they were not within Kiambu that day. Then stories (provables and with witnesses) in some telephone calls directing how the whole thing would play out. Maybe all those chickened out or maybe Waititu didn't want to facilitate... But the whole charade is deplorable.
Even Senate voted last night and by 5am Gazette Notice had been published and Nyoro is shortly being sworn in.



You love conspiracies every thing to you has to have a invincible hand. You are a yarn spinner. Waititi was caught looting. His was not even corruption or fraud it was looting of kiambu coffers in a crude manner. He lost all his initial CEC most refused to get involved. One is a good friend and Waititi ought to he hanged

Same thing with ruto. His son was looting dod till military intelligence asked kenyatta to reign him.
Title: Re: Waititi Impeached!
Post by: Nefertiti on January 30, 2020, 11:59:07 AM
I don't care about the politics. We really need a few Waititus, Sonkos and Kideros behind bars for 20years+ - to send a message to thieves not to bother with governorship. Corruption is a big threat to devolution.

Yap. Conspiracy theories. You know that term was popularised by CIA to denigrate anything that does not follow or agree with "officially sanctioned" narrative. So no wonder you truly believe man is responsible for climate change nonsense without question.

Didn't you claim to be Interested in Limuru seat? Get to the ground and start challenging BBI. But you may be lucky and get ignored since most likely you are little known in the area or in politics.

NB: issue is selective prosecution/engineered impeachment and am not claiming Waititu is innocent.
Actually Waititu legal team should have brought in MCAs who allegedly voted for his impeachment but its provable they were not within Kiambu that day. Then stories (provables and with witnesses) in some telephone calls directing how the whole thing would play out. Maybe all those chickened out or maybe Waititu didn't want to facilitate... But the whole charade is deplorable.
Even Senate voted last night and by 5am Gazette Notice had been published and Nyoro is shortly being sworn in.
Title: Re: Waititi Impeached!
Post by: Nefertiti on January 30, 2020, 12:06:30 PM
Kabogo must be smiling ear to ear. Just like PK tells Nairobi "i told you so"
Title: Re: Waititi Impeached!
Post by: Garliv on January 30, 2020, 12:31:38 PM
Unfortunately Robina it's all about politics. What are the chances Kidero and his billions will be convicted? Besides its a known issue he just have to make peace with Odingas.
Then, most of these corruption cases are rushed to court for publicity purposes. When you get to legal proof of beyond reasonable doubt they are found wanting. Yet if EACC and DPP take their time and duties diligently there are a lot of facts. But that requires hard work and away from publicity or political pressure to be seen to be fighting corruption


I don't care about the politics. We really need a few Waititus, Sonkos and Kideros behind bars for 20years+ - to send a message to thieves not to bother with governorship. Corruption is a big threat to devolution.
Title: Re: Waititi Impeached!
Post by: vooke on January 30, 2020, 12:31:42 PM
Yap. Conspiracy theories. You know that term was popularised by CIA to denigrate anything that does not follow or agree with "officially sanctioned" narrative. So no wonder you truly believe man is responsible for climate change nonsense without question.

Didn't you claim to be Interested in Limuru seat? Get to the ground and start challenging BBI. But you may be lucky and get ignored since most likely you are little known in the area or in politics.

NB: issue is selective prosecution/engineered impeachment and am not claiming Waititu is innocent.
Actually Waititu legal team should have brought in MCAs who allegedly voted for his impeachment but its provable they were not within Kiambu that day. Then stories (provables and with witnesses) in some telephone calls directing how the whole thing would play out. Maybe all those chickened out or maybe Waititu didn't want to facilitate... But the whole charade is deplorable.
Even Senate voted last night and by 5am Gazette Notice had been published and Nyoro is shortly being sworn in.



You love conspiracies every thing to you has to have a invincible hand. You are a yarn spinner. Waititi was caught looting. His was not even corruption or fraud it was looting of kiambu coffers in a crude manner. He lost all his initial CEC most refused to get involved. One is a good friend and Waititi ought to he hanged

Same thing with ruto. His son was looting dod till military intelligence asked kenyatta to reign him.

Baba yao is a shameless crook. That’s what did him in.

Senate has protected crooks before such as Samboja so what changed?  Waititi cast his lot with Tanga Tanga
Title: Re: Waititi Impeached!
Post by: Garliv on January 30, 2020, 12:39:39 PM
You nailed it. He's on the "losing side..."

Truth be told Counties are clear proof that corruption and wastage were effectively devolved. Tales abound from counties on amassed wealth and cronyism and total disregard on simple financial propriety. But so long as one is on the "right side" then all is ignored.



Baba yao is a shameless crook. That’s what did him in.

Senate has protected crooks before such as Samboja so what changed?  Waititi cast his lot with Tanga Tanga
Title: Re: Waititi Impeached!
Post by: KenyanPlato on January 30, 2020, 12:41:06 PM
Waititi lost his voters support. that is what killed him. Sonko lost the cartels and started messing with business owners. His indiscipline couldnt go unpunished. Uhuru is a social misfit but not every kikuyu in power wants uhurus behaviours replicated everywhere. I bet you the NAS decided Sonko had to go.
Title: Re: Waititi Impeached!
Post by: Garliv on January 30, 2020, 01:49:36 PM
 Judge Onyiego has categorically refused to swear in Nyoro. Says the whole charade did not follow procedures. And no, he doesn't have a career death wish..

Well... Just a small hitch..


For the record, Senate voted at 9pm. By 9.10pm Gazette Notice was ready. By morning Judiciary had organized and allocated Justice Onyiego to go and swear Nyoro.
County Commissioners, DC and other government functionaries were ready by 6am.

And then Justice Onyiego says he won't do an illegal swearing in!
Title: Re: Waititi Impeached!
Post by: Nefertiti on January 30, 2020, 02:34:02 PM
Last i check Kidero assets had been frozen... the effect of justice is to deter crime. Nail one or two Kideros and that is fear down the spine of salivating hyenas. The way ICC stops Ruto and his warrriors from declaring war openly. Because 1 out of 20 Bosco Ntagandas or Charles Taylors have been locked up for 30 years in lonely winter conditions.

That is why  i also applaud the Mumbi Ngugi suspension orders... deterrence. Now they know stealing comes with significant political and legal risk.

Unfortunately Robina it's all about politics. What are the chances Kidero and his billions will be convicted? Besides its a known issue he just have to make peace with Odingas.
Then, most of these corruption cases are rushed to court for publicity purposes. When you get to legal proof of beyond reasonable doubt they are found wanting. Yet if EACC and DPP take their time and duties diligently there are a lot of facts. But that requires hard work and away from publicity or political pressure to be seen to be fighting corruption


I don't care about the politics. We really need a few Waititus, Sonkos and Kideros behind bars for 20years+ - to send a message to thieves not to bother with governorship. Corruption is a big threat to devolution.
Title: Re: Waititi Impeached!
Post by: Kadudu on January 30, 2020, 02:40:11 PM
It is called a smooth efficient operating government. :D :D :D :D

Judge Onyiego has categorically refused to swear in Nyoro. Says the whole charade did not follow procedures. And no, he doesn't have a career death wish..

Well... Just a small hitch..


For the record, Senate voted at 9pm. By 9.10pm Gazette Notice was ready. By morning Judiciary had organized and allocated Justice Onyiego to go and swear Nyoro.
County Commissioners, DC and other government functionaries were ready by 6am.


And then Justice Onyiego says he won't do an illegal swearing in!
Title: Re: Waititi Impeached!
Post by: Nefertiti on January 30, 2020, 02:42:13 PM
Lol. The highlighted are contradictions. If he has defied Jezebel he doesn't love his career... the way that Kiambu magistrate gave Waititu anticipatory bail and got suspended by CJ.

Everyone except gullible Wanjiku knows this "war on corruption" is Stop Ruto charade. But the dogfights will land a few thieves behind bars and that is a good by-product. So long as Waititu is not innocent i couldn't care less.

Judge Onyiego has categorically refused to swear in Nyoro. Says the whole charade did not follow procedures. And no, he doesn't have a career death wish..

Well... Just a small hitch..


For the record, Senate voted at 9pm. By 9.10pm Gazette Notice was ready. By morning Judiciary had organized and allocated Justice Onyiego to go and swear Nyoro.
County Commissioners, DC and other government functionaries were ready by 6am.

And then Justice Onyiego says he won't do an illegal swearing in!
Title: Re: Waititi Impeached!
Post by: Nefertiti on January 30, 2020, 03:05:24 PM
Has Speaker Ken Lusaka abandoned Ruto? That Godspeed he signed the gazette notice
Title: Re: Waititi Impeached!
Post by: Kadudu on January 30, 2020, 03:52:32 PM
The situation in the counties only reflects of what is going on at the natioanl level only at a much higher scale. The national government has the monopoly of violence and decides who at the county level is allowed to get away with the looting.

You nailed it. He's on the "losing side..."

Truth be told Counties are clear proof that corruption and wastage were effectively devolved. Tales abound from counties on amassed wealth and cronyism and total disregard on simple financial propriety. But so long as one is on the "right side" then all is ignored.
Title: Re: Waititi Impeached!
Post by: Garliv on January 30, 2020, 04:38:49 PM
The highlighted was in jest... Even Social media has already several forwards how Justice Onyiego has been on the payroll of Waititu and cartels. He has momentarily stopped Reggae and therefore he's destined to pay for it...

Lol. The highlighted are contradictions. If he has defied Jezebel he doesn't love his career... the way that Kiambu magistrate gave Waititu anticipatory bail and got suspended by CJ.

Everyone except gullible Wanjiku knows this "war on corruption" is Stop Ruto charade. But the dogfights will land a few thieves behind bars and that is a good by-product. So long as Waititu is not innocent i couldn't care less.

Judge Onyiego has categorically refused to swear in Nyoro. Says the whole charade did not follow procedures. And no, he doesn't have a career death wish..

Well... Just a small hitch..


For the record, Senate voted at 9pm. By 9.10pm Gazette Notice was ready. By morning Judiciary had organized and allocated Justice Onyiego to go and swear Nyoro.
County Commissioners, DC and other government functionaries were ready by 6am.

And then Justice Onyiego says he won't do an illegal swearing in!
Title: Re: Waititi Impeached!
Post by: Nefertiti on January 30, 2020, 04:47:15 PM
 :D :D

The highlighted was in jest... Even Social media has already several forwards how Justice Onyiego has been on the payroll of Waititu and cartels. He has momentarily stopped Reggae and therefore he's destined to pay for it...

Lol. The highlighted are contradictions. If he has defied Jezebel he doesn't love his career... the way that Kiambu magistrate gave Waititu anticipatory bail and got suspended by CJ.

Everyone except gullible Wanjiku knows this "war on corruption" is Stop Ruto charade. But the dogfights will land a few thieves behind bars and that is a good by-product. So long as Waititu is not innocent i couldn't care less.

Judge Onyiego has categorically refused to swear in Nyoro. Says the whole charade did not follow procedures. And no, he doesn't have a career death wish..

Well... Just a small hitch..


For the record, Senate voted at 9pm. By 9.10pm Gazette Notice was ready. By morning Judiciary had organized and allocated Justice Onyiego to go and swear Nyoro.
County Commissioners, DC and other government functionaries were ready by 6am.

And then Justice Onyiego says he won't do an illegal swearing in!
Title: Re: Waititi Impeached!
Post by: Garliv on January 30, 2020, 05:07:20 PM

That Speech by Kuria encapsulate how the common Gema view this BBI thing. At least the majority.
It's in Kikuyu so to non-kikuyu speakers maybe someone else can try and translate
.
Title: Re: Waititi Impeached!
Post by: Kichwa on January 30, 2020, 05:44:42 PM
Nyani kweli ioni kundule.  I do not see any difference between the way Ruto and Waititu steals.  Regardless of how Ruto steals, he takes so much that everybody knows he is a thief. Its like an F student stealing the exams then getting all the questions correct.  How would a son of a peasant be worth billions in his early fifties after being a government employee all his life.

It impossible to defend such a foolish thief who steal like a fool. Those 11 were doing it for political mileage - .but it would have been best to let him hang.
Title: Re: Waititi Impeached!
Post by: vooke on January 30, 2020, 08:36:59 PM
So it was technicalities.

Swearing in to proceed tomorrow
Title: Re: Waititi Impeached!
Post by: Garliv on January 30, 2020, 10:12:19 PM
What do you mean it "is technicalities" only? It's the law. In an Act of Parliament. And there is a period of 10th day...

But then while BBI build its bridges law no longer matter. Someone wants Waititu gone asap come rain come sunshine such that even following laid down laws/procedures becomes cumbersome.


So it was technicalities.

Swearing in to proceed tomorrow
Title: Re: Waititi Impeached!
Post by: patel on January 30, 2020, 10:24:34 PM
What do you mean it "is technicalities" only? It's the law. In an Act of Parliament. And there is a period of 10th day...

But then while BBI build its bridges law no longer matter. Someone wants Waititu gone asap come rain come sunshine such that even following laid down laws/procedures becomes cumbersome.


my friend we are tired, like tayad of baby sitting thieves. aint you mad bro of this daylight robbery by Waititu and his clan?
we need to know whe Waititu will refund the money he stole.

So it was technicalities.

Swearing in to proceed tomorrow
Title: Re: Waititi Impeached!
Post by: Garliv on January 30, 2020, 10:28:41 PM
Very noble of you. You fight corruption by corrupting the law. What else can go wrong?


What do you mean it "is technicalities" only? It's the law. In an Act of Parliament. And there is a period of 10th day...

But then while BBI build its bridges law no longer matter. Someone wants Waititu gone asap come rain come sunshine such that even following laid down laws/procedures becomes cumbersome.


my friend we are tired, like tayad of baby sitting thieves. aint you mad bro of this daylight robbery by Waititu and his clan?
we need to know whe Waititu will refund the money he stole.

So it was technicalities.

Swearing in to proceed tomorrow
Title: Re: Waititi Impeached!
Post by: patel on January 30, 2020, 10:36:28 PM
Thanks for the compliments...those are small small technical/semantic  things you are worried about. we need to see Waitititu hauled to jail and his
properties auctioned to recover stolen funds. anything short of that is not good enough.

Very noble of you. You fight corruption by corrupting the law. What else can go wrong?


What do you mean it "is technicalities" only? It's the law. In an Act of Parliament. And there is a period of 10th day...

But then while BBI build its bridges law no longer matter. Someone wants Waititu gone asap come rain come sunshine such that even following laid down laws/procedures becomes cumbersome.


my friend we are tired, like tayad of baby sitting thieves. aint you mad bro of this daylight robbery by Waititu and his clan?
we need to know whe Waititu will refund the money he stole.

So it was technicalities.

Swearing in to proceed tomorrow
Title: Re: Waititi Impeached!
Post by: Nefertiti on January 31, 2020, 01:36:46 AM

That Speech by Kuria encapsulate how the common Gema view this BBI thing. At least the majority.
It's in Kikuyu so to non-kikuyu speakers maybe someone else can try and translate
.

Just usual cheap propaganda. Kuria et al are obviously fuming over Waititu. I asked you why Kalenjin don't hold a similar view about Ruto? - that he is betraying their long-term interest by opposing parliamentary system. That nonsense is applied selectively to Kenyatta. Kikuyu without Uhuru don't have the numbers nor muscle to block BBI.
Title: Re: Waititi Impeached!
Post by: Nefertiti on January 31, 2020, 01:41:58 AM
They are within the law. Read the Justice Onyiego take on the 10days as applies to the swearing in of a Deputy Governor. The period is subject to "necessary modification." It was a technicality - meaning the one day delay has no material effect. The high court already refused to block the swearing in.

Thanks for the compliments...those are small small technical/semantic  things you are worried about. we need to see Waitititu hauled to jail and his
properties auctioned to recover stolen funds. anything short of that is not good enough.

Very noble of you. You fight corruption by corrupting the law. What else can go wrong?


What do you mean it "is technicalities" only? It's the law. In an Act of Parliament. And there is a period of 10th day...

But then while BBI build its bridges law no longer matter. Someone wants Waititu gone asap come rain come sunshine such that even following laid down laws/procedures becomes cumbersome.


my friend we are tired, like tayad of baby sitting thieves. aint you mad bro of this daylight robbery by Waititu and his clan?
we need to know whe Waititu will refund the money he stole.

So it was technicalities.

Swearing in to proceed tomorrow
Title: Re: Waititi Impeached!
Post by: Nefertiti on January 31, 2020, 01:47:16 AM
Thanks for the compliments...those are small small technical/semantic  things you are worried about. we need to see Waitititu hauled to jail and his
properties auctioned to recover stolen funds. anything short of that is not good enough.

Murconman and Tangatanga are worried about all dots and crosses but not the looting of public coffers. Odd priorities.

There were even more "technicalities" and intrigues at the Senate. They pulled all stops to rescue the thug.



Inside dirty tricks to swing Senate vote during Waititu ouster

(https://www.standardmedia.co.ke/images/thursday/inside_dirty_tricks_5e33277e46143.jpg)
Former Kiambu Governor Ferdinand Waititu


https://www.standardmedia.co.ke/article/2001358588/inside-dirty-tricks-to-swing-senate-vote-during-waititu-ouster
Title: Re: Waititi Impeached!
Post by: Garliv on January 31, 2020, 06:49:36 AM
That Robina ain't cheap propaganda no matter how many times you repeat saying so. And as i said you have to understand Kenya's history with this Parliamentary/Federal crap. From Independence up to the present. And how even in Naivasha they settled for Counties and Presidential system. If you do not appreciate that then you cannot understand why is it Uhuru is getting stiff opposition in his backyard. You will keep trying to believe it's because Ruto has bribed people or have rigged so and so... This is a genuine issue.

Second, BBI may pass but at least people should be left to decide whether they are for it or not.

Third, as i said before in my analysis Kalenjin are very much Okay with Presidential. And Parliamentary would also be okay with them. So even if you talk to Kalenjin influencers they say either way William at the moment is on the front seat.




That Speech by Kuria encapsulate how the common Gema view this BBI thing. At least the majority.
It's in Kikuyu so to non-kikuyu speakers maybe someone else can try and translate
.

Just usual cheap propaganda. Kuria et al are obviously fuming over Waititu. I asked you why Kalenjin don't hold a similar view about Ruto? - that he is betraying their long-term interest by opposing parliamentary system. That nonsense is applied selectively to Kenyatta. Kikuyu without Uhuru don't have the numbers nor muscle to block BBI.
Title: Re: Waititi Impeached!
Post by: Garliv on January 31, 2020, 07:51:55 AM
There is no way "with necessary modifications" can mean shortening of time period. Even a 2nd year law student won't go that far. Necessary modification means where it refers to Governor-elect it can also refer to Deputy Governor or County Secretary. Or where it state him it can also refer to her. Where it says "duly elected" it can refer to a "court order declaring so and so as governor.."
To support this one has to bear in mind why elaborate procedures to swear in President and Governors were adopted in the constitution. It was to PREVENT NIGHT SWEARING like what ODM accused Kibaki of doing in 2097/08. Therefore no one can honestly and with intellectual acuity claim "necessary modification" means shortening of time period. It doesn't.

But those in legal fraternity knows the pressure to bear that was heaped on the Judiciary to expedite Nyoro swearing in. Indeed had we been under previous constitution Justice Onyiego would have been sacked or suspended by 1pm yesterday. Therefore his interpretation to mean "lessening of time period" is due to purely pressure. Even consider that Senate was finalising voting by 9pm and yet by early morning Judiciary and Senate and Government Printers had finalised all procedures and nitty gritties of swearing in. Right now the new Kenya is expediting harassing anyone who oppose the system. Tomorrow someone else will be in power and use similar methods.

Yes. Waititu is not a nice fella. But fidelity to law and procedures should not be determined by who we like and who we dislike. We all know he's fighting a losing battle but at least let it run its course in a civilised manner. Already the court declined to give orders/injunction stopping swearing in which says all needs to be said.



They are within the law. Read the Justice Onyiego take on the 10days as applies to the swearing in of a Deputy Governor. The period is subject to "necessary modification." It was a technicality - meaning the one day delay has no material effect. The high court already refused to block the swearing in.

Thanks for the compliments...those are small small technical/semantic  things you are worried about. we need to see Waitititu hauled to jail and his
properties auctioned to recover stolen funds. anything short of that is not good enough.

Very noble of you. You fight corruption by corrupting the law. What else can go wrong?


What do you mean it "is technicalities" only? It's the law. In an Act of Parliament. And there is a period of 10th day...

But then while BBI build its bridges law no longer matter. Someone wants Waititu gone asap come rain come sunshine such that even following laid down laws/procedures becomes cumbersome.


my friend we are tired, like tayad of baby sitting thieves. aint you mad bro of this daylight robbery by Waititu and his clan?
we need to know whe Waititu will refund the money he stole.

So it was technicalities.

Swearing in to proceed tomorrow
Title: Re: Waititi Impeached!
Post by: RV Pundit on January 31, 2020, 08:37:02 AM
If Ruto as Pork will do as half as what they are doing they will cry so.loud like they did during Moi who simply followed Kenyatta nyayos.Most of those cheering run abroad to avoid Moi regime
Title: Re: Waititi Impeached!
Post by: Nefertiti on January 31, 2020, 08:41:10 AM
Hey Garliv - am no lawyer but the good judge does say that "necessary modifications" includes the time period. I don't know why you think this is not included.

Can you appreciate why people have the "cry me a river" attitude towards the Waititu and Ruto tribulations. Ruto especially nurtured and reaped from that impunious system. The "government eats its own children" warning was already issued unheeded by James Orengo and company. If you just checked in from the moon you might be forgiven to imagine these are law-abiding folks being harassed. But here we know better. Someone has looted a war chest and wants to be left alone to conduct peaceful campaigns.

I don't have any sympathy for William Ruto and Tangatanga. Uhuru is way too lenient to them.


There is no way "with necessary modifications" can mean shortening of time period. Even a 2nd year law student won't go that far. Necessary modification means where it refers to Governor-elect it can also refer to Deputy Governor or County Secretary. Or where it state him it can also refer to her. Where it says "duly elected" it can refer to a "court order declaring so and so as governor.."
To support this one has to bear in mind why elaborate procedures to swear in President and Governors were adopted in the constitution. It was to PREVENT NIGHT SWEARING like what ODM accused Kibaki of doing in 2097/08. Therefore no one can honestly and with intellectual acuity claim "necessary modification" means shortening of time period. It doesn't.

But those in legal fraternity knows the pressure to bear that was heaped on the Judiciary to expedite Nyoro swearing in. Indeed had we been under previous constitution Justice Onyiego would have been sacked or suspended by 1pm yesterday. Therefore his interpretation to mean "lessening of time period" is due to purely pressure. Even consider that Senate was finalising voting by 9pm and yet by early morning Judiciary and Senate and Government Printers had finalised all procedures and nitty gritties of swearing in. Right now the new Kenya is expediting harassing anyone who oppose the system. Tomorrow someone else will be in power and use similar methods.

Yes. Waititu is not a nice fella. But fidelity to law and procedures should not be determined by who we like and who we dislike. We all know he's fighting a losing battle but at least let it run its course in a civilised manner. Already the court declined to give orders/injunction stopping swearing in which says all needs to be said.
Title: Re: Waititi Impeached!
Post by: Nefertiti on January 31, 2020, 08:43:59 AM
If Ruto as Pork will do as half as what they are doing they will cry so.loud like they did during Moi who simply followed Kenyatta nyayos.Most of those cheering run abroad to avoid Moi regime

Ruto will never be president. Moi tortured and killed people .... are you seriously comparing these kid gloves with Nyayo days of suppressing Mwakenya?
Title: Re: Waititi Impeached!
Post by: Nefertiti on January 31, 2020, 08:56:21 AM
What do you say Bw Pundit?


Waititu voting exposes DP Ruto’s dwindling grip of Senate
https://www.the-star.co.ke/news/2020-01-30-waititu-voting-exposes-dp-rutos-dwindling-grip-of-senate/
Title: Re: Waititi Impeached!
Post by: Dear Mami on January 31, 2020, 09:48:56 AM
Can you appreciate why people have the "cry me a river" attitude towards the Waititu and Ruto tribulations. Ruto especially nurtured and reaped from that impunious system. The "government eats its own children" warning was already issued unheeded by James Orengo and company. If you just checked in from the moon you might be forgiven to imagine these are law-abiding folks being harassed. But here we know better. Someone has looted a war chest and wants to be left alone to conduct peaceful campaigns.

I don't have any sympathy for William Ruto and Tangatanga. Uhuru is way too lenient to them.

Yep, yep! 4 sure if Uhuru was going after innocents, my ears would open. But he's going after thugs everyone knows are thugs, and letting the law chew them up. That, to me, is watching a big wolf tear to pieces a smaller wolf that was foolish enough to rattle the Alpha without growing big enough teeth. I'm being asked to be very concerned but all I see is at least there's one less wolf in the pen now. It's not like the foolish wolf has been torn up coz it's fighting for .ke. So why should it matter? Wacha wamenyane tu.
Title: Re: Waititi Impeached!
Post by: RV Pundit on January 31, 2020, 10:04:44 AM
Ruto still has the largest share of senators - the rest are all ganging up against Ruto - ODM, KANU, Wiper, Amani, Kieleweke.

They all know Ruto is the man to beat in 2022.

But eventually they all have to go separate ways.

For now all anti-ruto forces are aligned - the common enemy being the heir-apparent.

What do you say Bw Pundit?


Waititu voting exposes DP Ruto’s dwindling grip of Senate
https://www.the-star.co.ke/news/2020-01-30-waititu-voting-exposes-dp-rutos-dwindling-grip-of-senate/
Title: Re: Waititi Impeached!
Post by: RV Pundit on January 31, 2020, 10:08:01 AM
Yes Ruto will never be a ceremonial president :) That you can keep for Raila. Otherwise at barely 53yrs - he has what - 30 yrs - till 2050 to become the PORK.

There is nothing Moi did that Kenyatta never did. Moi simply followed Kenyatta Nyayo as he had promised. Kenyatta tortuted people just like Moi did.

Ruto will never be president. Moi tortured and killed people .... are you seriously comparing these kid gloves with Nyayo days of suppressing Mwakenya?
Title: Re: Waititi Impeached!
Post by: Nefertiti on January 31, 2020, 10:23:23 AM
Yep, yep! 4 sure if Uhuru was going after innocents, my ears would open. But he's going after thugs everyone knows are thugs, and letting the law chew them up. That, to me, is watching a big wolf tear to pieces a smaller wolf that was foolish enough to rattle the Alpha without growing big enough teeth. I'm being asked to be very concerned but all I see is at least there's one less wolf in the pen now. It's not like the foolish wolf has been torn up coz it's fighting for .ke. So why should it matter? Wacha wamenyane tu.

To the average Kiambu voter who can see how badly he was reaped off Uhuru is a hero.
Title: Re: Waititi Impeached!
Post by: Nefertiti on January 31, 2020, 10:26:06 AM
Yes Ruto will never be a ceremonial president :) That you can keep for Raila. Otherwise at barely 53yrs - he has what - 30 yrs - till 2050 to become the PORK.

There is nothing Moi did that Kenyatta never did. Moi simply followed Kenyatta Nyayo as he had promised. Kenyatta tortuted people just like Moi did.

You are conflating Kenyatta 1 and 2? He is busy atoning sins of the father by parliamentary-federal... otherwise Uhuru has not tortured anyone nor tormented the innocent. Waititu, Sonko and even Ruto are big thieves. Only Uhuru's motives are suspect.
Title: Re: Waititi Impeached!
Post by: Nefertiti on January 31, 2020, 10:30:22 AM
In short Ruto does not control the Senate. His "largest share" is a minority.

About the "heir apparent" or leading in the polls there has been a lineup of such dreamers: Jaramogi, Saitoti, Kalonzo, Raila. Ruto perfectly fits in the Jaramogi shoes.

Ruto still has the largest share of senators - the rest are all ganging up against Ruto - ODM, KANU, Wiper, Amani, Kieleweke.

They all know Ruto is the man to beat in 2022.

But eventually they all have to go separate ways.

For now all anti-ruto forces are aligned - the common enemy being the heir-apparent.
Title: Re: Waititi Impeached!
Post by: Nefertiti on January 31, 2020, 11:02:55 AM
Poor Ruto

https://www.nation.co.ke/news/Political-games-that-led-to-Waititu-ouster/1056-5438438-ay6qnhz/index.html
Title: Re: Waititi Impeached!
Post by: RV Pundit on January 31, 2020, 11:11:46 AM
Like BB1.0 disappointed you - don't be in so hurry. Uhuru is the biggest thief. He was born right in prison to a criminal and his was raised by a criminal mother and father who stole more than anybody could ever steal. Nobody come with such credential in Kenya. Not even Gideon Moi.Lena Moi at least refused to be part of the criminal enterprise...to kind-hearted for what was needed to govern. Mama Ngina immediately went to business - including decimating a lot of elephants.
You are conflating Kenyatta 1 and 2? He is busy atoning sins of the father by parliamentary-federal... otherwise Uhuru has not tortured anyone nor tormented the innocent. Waititu, Sonko and even Ruto are big thieves. Only Uhuru's motives are suspect.
Title: Re: Waititi Impeached!
Post by: Nefertiti on January 31, 2020, 11:20:01 AM
I agree...  no honor among thieves. Uhuru and Ruto should just retire and leave Kenya alone. But we don't mind if Uhuru helps Raila first.

Like BB1.0 disappointed you - don't be in so hurry. Uhuru is the biggest thief. He was born right in prison to a criminal and his was raised by a criminal mother and father who stole more than anybody could ever steal. Nobody come with such credential in Kenya. Not even Gideon Moi.Lena Moi at least refused to be part of the criminal enterprise...to kind-hearted for what was needed to govern. Mama Ngina immediately went to business - including decimating a lot of elephants.
Title: Re: Waititi Impeached!
Post by: Garliv on January 31, 2020, 12:30:07 PM
"with necessary modification" cannot mean Lessening or extending time period for assumption of office because that is a SUBSTANTIVE part of that Act or put another way, its substantive law. And it clearly states "first Thursday after the 10th day..." That is clear. And to claim to "modify" that to mean 1 day through a Gazette Notice is being disingenuous and self serving interpretation of law. To change that you need to have the Act amended through Parliament. Gazette Notice cannot purport to amend or alter meaning of an Act. Otherwise the Executive would be ruling through decrees published in the Gazette Notice without regard to other laws.

Eg.. If Act says President to be sworn in on the 7th day after declaration of election results, it would be unacceptable for anyone to use "apply that with necessary modification" to mean you can swear within a day or 2 days.

Legally they want to swear Nyoro so that when Waititu is back in court on Monday the argument will be that Nyoro is already a governor, not Deputy. Therefore procedures to remove a Governor should apply. And Waititu would have effectively been denied any further argument...




Hey Garliv - am no lawyer but the good
Title: Re: Waititi Impeached!
Post by: Nefertiti on January 31, 2020, 12:45:59 PM
Right. And the justice's interpretation is coerced so we have no arbiter.

The difference between a governor- elect and a deputy governor is substantive enough to alter the period.

"with necessary modification" cannot mean Lessening or extending time period for assumption of office because that is a SUBSTANTIVE part of that Act or put another way, its substantive law. And it clearly states "first Thursday after the 10th day..." That is clear. And to claim to "modify" that to mean 1 day through a Gazette Notice is being disingenuous and self serving interpretation of law. To change that you need to have the Act amended through Parliament. Gazette Notice cannot purport to amend or alter meaning of an Act. Otherwise the Executive would be ruling through decrees published in the Gazette Notice without regard to other laws.

Eg.. If Act says President to be sworn in on the 7th day after declaration of election results, it would be unacceptable for anyone to use "apply that with necessary modification" to mean you can swear within a day or 2 days.

Legally they want to swear Nyoro so that when Waititu is back in court on Monday the argument will be that Nyoro is already a governor, not Deputy. Therefore procedures to remove a Governor should apply. And Waititu would have effectively been denied any further argument...
Title: Re: Waititi Impeached!
Post by: Nefertiti on January 31, 2020, 12:59:02 PM
Kuria has been dancing about styling himself as a presidential candidate, Team Wanjiku, now back to Ruto. He is just another Waititu chest-thumping now until he is squeezed out of the gas business. There is no altruism here just self- interest. A few months ago Waititu was chest-thumping saying noone can force him to support Raila. After a few days in the cell he was stalking Uhuru all over begging forgiveness. Just shut down a few stations in lucrative towns and Kuria will abandon Tangatanga in a huff.

About Kikuyu - the hoi polloi cannot make head or tail of parliamentary vs presidential. They are sheeple just following their leaders. Ruto numbers will dwindle by attrition - Kanini Kega tops a long list - and the ground will fizzle too. By the time the Uhuru vs Ruto for PM whistle blows not even Kiunjuri will be standing behind your new hero.

That Robina ain't cheap propaganda no matter how many times you repeat saying so. And as i said you have to understand Kenya's history with this Parliamentary/Federal crap. From Independence up to the present. And how even in Naivasha they settled for Counties and Presidential system. If you do not appreciate that then you cannot understand why is it Uhuru is getting stiff opposition in his backyard. You will keep trying to believe it's because Ruto has bribed people or have rigged so and so... This is a genuine issue.

Second, BBI may pass but at least people should be left to decide whether they are for it or not.

Third, as i said before in my analysis Kalenjin are very much Okay with Presidential. And Parliamentary would also be okay with them. So even if you talk to Kalenjin influencers they say either way William at the moment is on the front seat.
Title: Re: Waititi Impeached!
Post by: Nefertiti on January 31, 2020, 01:08:58 PM
Kiambu folks have moved on... Waititu was a bad dream they won't indulge again. He needs to go back to hurling rocks at city askaris in Kayole.

Title: Re: Waititi Impeached!
Post by: KenyanPlato on January 31, 2020, 02:41:27 PM
Kiambu folks have moved on... Waititu was a bad dream they won't indulge again. He needs to go back to hurling rocks at city askaris in Kayole.


Impressed at the clarity of thought by kiambu residents. Waititi was imposed by kabete thugs on kiambu populace. He is gone and is headed for jail
Title: Re: Waititi Impeached!
Post by: vooke on January 31, 2020, 04:44:14 PM
There is no way "with necessary modifications" can mean shortening of time period. Even a 2nd year law student won't go that far. Necessary modification means where it refers to Governor-elect it can also refer to Deputy Governor or County Secretary. Or where it state him it can also refer to her. Where it says "duly elected" it can refer to a "court order declaring so and so as governor.."
To support this one has to bear in mind why elaborate procedures to swear in President and Governors were adopted in the constitution. It was to PREVENT NIGHT SWEARING like what ODM accused Kibaki of doing in 2097/08. Therefore no one can honestly and with intellectual acuity claim "necessary modification" means shortening of time period. It doesn't.

But those in legal fraternity knows the pressure to bear that was heaped on the Judiciary to expedite Nyoro swearing in. Indeed had we been under previous constitution Justice Onyiego would have been sacked or suspended by 1pm yesterday. Therefore his interpretation to mean "lessening of time period" is due to purely pressure. Even consider that Senate was finalising voting by 9pm and yet by early morning Judiciary and Senate and Government Printers had finalised all procedures and nitty gritties of swearing in. Right now the new Kenya is expediting harassing anyone who oppose the system. Tomorrow someone else will be in power and use similar methods.

Yes. Waititu is not a nice fella. But fidelity to law and procedures should not be determined by who we like and who we dislike. We all know he's fighting a losing battle but at least let it run its course in a civilised manner. Already the court declined to give orders/injunction stopping swearing in which says all needs to be said.



They are within the law. Read the Justice Onyiego take on the 10days as applies to the swearing in of a Deputy Governor. The period is subject to "necessary modification." It was a technicality - meaning the one day delay has no material effect. The high court already refused to block the swearing in.

Thanks for the compliments...those are small small technical/semantic  things you are worried about. we need to see Waitititu hauled to jail and his
properties auctioned to recover stolen funds. anything short of that is not good enough.

Very noble of you. You fight corruption by corrupting the law. What else can go wrong?


What do you mean it "is technicalities" only? It's the law. In an Act of Parliament. And there is a period of 10th day...

But then while BBI build its bridges law no longer matter. Someone wants Waititu gone asap come rain come sunshine such that even following laid down laws/procedures becomes cumbersome.


my friend we are tired, like tayad of baby sitting thieves. aint you mad bro of this daylight robbery by Waititu and his clan?
we need to know whe Waititu will refund the money he stole.

So it was technicalities.

Swearing in to proceed tomorrow

How long did Nyeri DG take before being sworn in?
Title: Re: Waititi Impeached!
Post by: vooke on January 31, 2020, 04:49:13 PM
"with necessary modification" cannot mean Lessening or extending time period for assumption of office because that is a SUBSTANTIVE part of that Act or put another way, its substantive law. And it clearly states "first Thursday after the 10th day..." That is clear. And to claim to "modify" that to mean 1 day through a Gazette Notice is being disingenuous and self serving interpretation of law. To change that you need to have the Act amended through Parliament. Gazette Notice cannot purport to amend or alter meaning of an Act. Otherwise the Executive would be ruling through decrees published in the Gazette Notice without regard to other laws.

Eg.. If Act says President to be sworn in on the 7th day after declaration of election results, it would be unacceptable for anyone to use "apply that with necessary modification" to mean you can swear within a day or 2 days.

Legally they want to swear Nyoro so that when Waititu is back in court on Monday the argument will be that Nyoro is already a governor, not Deputy. Therefore procedures to remove a Governor should apply. And Waititu would have effectively been denied any further argument...




Hey Garliv - am no lawyer but the good

Just asking,
How do you determine substantive and non-substantive aspects of this Act?
Title: Re: Waititi Impeached!
Post by: Nefertiti on January 31, 2020, 06:44:33 PM
There is no way "with necessary modifications" can mean shortening of time period. Even a 2nd year law student won't go that far. Necessary modification means where it refers to Governor-elect it can also refer to Deputy Governor or County Secretary. Or where it state him it can also refer to her. Where it says "duly elected" it can refer to a "court order declaring so and so as governor.."
To support this one has to bear in mind why elaborate procedures to swear in President and Governors were adopted in the constitution. It was to PREVENT NIGHT SWEARING like what ODM accused Kibaki of doing in 2097/08. Therefore no one can honestly and with intellectual acuity claim "necessary modification" means shortening of time period. It doesn't.

But those in legal fraternity knows the pressure to bear that was heaped on the Judiciary to expedite Nyoro swearing in. Indeed had we been under previous constitution Justice Onyiego would have been sacked or suspended by 1pm yesterday. Therefore his interpretation to mean "lessening of time period" is due to purely pressure. Even consider that Senate was finalising voting by 9pm and yet by early morning Judiciary and Senate and Government Printers had finalised all procedures and nitty gritties of swearing in. Right now the new Kenya is expediting harassing anyone who oppose the system. Tomorrow someone else will be in power and use similar methods.

Yes. Waititu is not a nice fella. But fidelity to law and procedures should not be determined by who we like and who we dislike. We all know he's fighting a losing battle but at least let it run its course in a civilised manner. Already the court declined to give orders/injunction stopping swearing in which says all needs to be said.

How long did Nyeri DG take before being sworn in?

Dr Wahome Gakuru died on Tuesday 7 November 2017 and Mutahi Kahiga was sworn in on Thursday 9 November 2017. 2 days later.
Title: Re: Waititi Impeached!
Post by: Garliv on January 31, 2020, 10:28:39 PM
The Act under discussion came into effect in the year 2019.



Dr Wahome Gakuru died on Tuesday 7 November 2017 and Mutahi Kahiga was sworn in on Thursday 9 November 2017. 2 days later.
Title: Re: Waititi Impeached!
Post by: Garliv on January 31, 2020, 10:46:04 PM
Most times application of "with necessary modification" doesn't give rise to dispute. Because the rule of the thumb is that if "modifying" gives rise to "different interpretation" than what Parliament intended when it enacted the law, then that is not "applying with necessary modification.." It is giving the Act a totally different meaning which is actually amending the Act.
In the current case, if you "replace" the word Governor-elect with Deputy Governor you are just applying the Act to apply to the Deputy Governor when he's being sworn in (you are applying the Act with necessary modification to fit the situation without changing its meaning). But when you claim that.... "the first Thursday after tenth day... " means swearing in can proceed within 1 day because it's applied "with necessary modification" then what you are doing you are actually shortening the waiting period which is clearly not the intent of the Act.


Just asking,
How do you determine substantive and non-substantive aspects of this Act?
Title: Re: Waititi Impeached!
Post by: Nefertiti on January 31, 2020, 11:54:08 PM
Even for Barchok I didn't hear any hullabaloo. The case of a DG taking over following impeachment is materially different from elections which have a history of disputes and mischief.

The Act under discussion came into effect in the year 2019.



Dr Wahome Gakuru died on Tuesday 7 November 2017 and Mutahi Kahiga was sworn in on Thursday 9 November 2017. 2 days later.
Title: Re: Waititi Impeached!
Post by: Garliv on February 01, 2020, 12:00:07 AM
If that were the case, why don't you claim the whole Act doesn't apply and we can make up procedures as the situation demands?


Even for Barchok I didn't hear any hullabaloo. The case of a DG taking over following impeachment is materially different from elections which have a history of disputes and mischief.

The Act under discussion came into effect in the year 2019.



Dr Wahome Gakuru died on Tuesday 7 November 2017 and Mutahi Kahiga was sworn in on Thursday 9 November 2017. 2 days later.
Title: Re: Waititi Impeached!
Post by: Nefertiti on February 01, 2020, 12:29:57 AM
The only way your position makes sense is to assume Justice Onyiego was intimidated or compromised. Otherwise his learned opinion is that the 10 day period is a necessary modification. I concur with the judge.

If that were the case, why don't you claim the whole Act doesn't apply and we can make up procedures as the situation demands?


Even for Barchok I didn't hear any hullabaloo. The case of a DG taking over following impeachment is materially different from elections which have a history of disputes and mischief.

The Act under discussion came into effect in the year 2019.



Dr Wahome Gakuru died on Tuesday 7 November 2017 and Mutahi Kahiga was sworn in on Thursday 9 November 2017. 2 days later.
Title: Re: Waititi Impeached!
Post by: vooke on February 02, 2020, 09:31:00 PM
Most times application of "with necessary modification" doesn't give rise to dispute. Because the rule of the thumb is that if "modifying" gives rise to "different interpretation" than what Parliament intended when it enacted the law, then that is not "applying with necessary modification.." It is giving the Act a totally different meaning which is actually amending the Act.
In the current case, if you "replace" the word Governor-elect with Deputy Governor you are just applying the Act to apply to the Deputy Governor when he's being sworn in (you are applying the Act with necessary modification to fit the situation without changing its meaning). But when you claim that.... "the first Thursday after tenth day... " means swearing in can proceed within 1 day because it's applied "with necessary modification" then what you are doing you are actually shortening the waiting period which is clearly not the intent of the Act.


Just asking,
How do you determine substantive and non-substantive aspects of this Act?

To be honest you said nothing. Any modification can amount to “different interpretation” if you chose to see it that way.  Supposing a governor dies today. The deputy assumes office. What value would ten days and Thursday rule add?

The reasoning behind the ten days is election results. Between provisional results and declaration of final results is a number of days. This is clearly unnecessary in the case of impeachment or death or resignation. That’s why the learned judge regarded it as “necessary modification”.

Non-negotiables would include serious matters such as being sworn in by a judge, gazetting the location and date of the swearing in etc

Btw, why do you think swearing a DG has “necessary modifications”? It is because a governor only comes to office through elections while a DG is through all those things I gave, death, impeachment, resignation....
Title: Re: Waititi Impeached!
Post by: Nefertiti on February 03, 2020, 12:04:48 AM
vooke, Garliv says "necessary modifications" is restricted to  appending "Deputy" in front of "Governor".
Title: Re: Waititi Impeached!
Post by: Garliv on February 03, 2020, 05:30:36 PM
1. 10 days are legal requirements. Not modifying according to ad hic wishes and political interests. If you can modify 10days to read 1 day, then why not 2days?4days? 5days? This would lead to absurdity.

2. Its a weak argument to claim 10days is restricted to election results only. Why would you justify 10days and not 5days or even 21 days? And no, in law there is nothing like provisional results. Results recognised by law are those published by IEBC in the Kenya Gazette. They are procedures for that. Therefore the issue of you claiming 10days on that basis of provisional is not accurate.

3. You also need to get Parliament Hansard and the historical reasons why elaborate swearing in was adopted in the constitution. Because it gives the reasoning behind having A SPECIFIC TIME PERIOD TO SWEAR OFFICIALS ESPECIALLY THE PRESIDENT. And some of the reasons were (a), to remove uncertainty and chaotic manner of swearing in where Government Officials could decide time and place of swearing in LIKE THIEVES IN THE NIGHT. Here revisit Kibaki swearing in of 2007/08. Apparently swearing in of DG Nyoro was designed to beat that aim. (b), to have sufficient time period in case of complains or legal challenge. This works with (a). That you cannot rush to swear someone just to escape legal challenge. Therefore certainty and reasonable time period was provided. In this Waititu Case, there was all indications legal challenge was on the way and therefore it was schemed to beat it. I could on for several other reasons including constitutional provisions but I would draft an essay!

4. The Act itself specifically deals with Assumptions of office by Governors and it envisions it will be applied to Governor-elect, DG and County Secretary or any other official/person being sworn in as Governor. Therefore where the Act refers to Governor elect it can also refer to County Secretary or DG if they are being sworn in as Governor. In this case DG was being sworn in as Governor and therefore to claim that 10days doesn't apply is just stretching imagination. It's rendering the Act useless and inapplicable in case of DG. Maybe they just need a specific Act for each occasion when Governor dies, is impeached, or resigns. This is of course unnecessarily cumbersome waste of time.

I repeat: the Act applies to anyone who is being sworn in as a Governor.

Finally, the issue of 10days is NOT MINOR. If parliament/law wanted fewer days to swear in DG then it should say so and not let guesswork prevail. We can as well modify and say it isn't necessary to be sworn in by Hihh Court, we can say Magistrate will do it!
NB: read the Act. There is even some Committee which should be formed to oversee Assumption of office, and it write reports, then issue to do with coordination of security agencies etc. If you read the whole of it then you can understand why 10days are envisioned and why those cannot be modified willy-nilly.

To be honest you said nothing. Any modification can amount to “different interpretation” if you chose to see it that way.  Supposing a governor dies today. The deputy assumes office. What value would ten days and Thursday rule add?

The reasoning behind the ten days is election results. Between provisional results and declaration of final results is a number of days. This is clearly unnecessary in the case of impeachment or death or resignation. That’s why the learned judge regarded it as “necessary modification”.

Non-negotiables would include serious matters such as being sworn in by a judge, gazetting the location and date of the swearing in etc

Btw, why do you think swearing a DG has “necessary modifications”? It is because a governor only comes to office through elections while a DG is through all those things I gave, death, impeachment, resignation....
Title: Re: Waititi Impeached!
Post by: RV Pundit on February 03, 2020, 07:15:44 PM
Very good wakili. But you know these ODMorons long lost their marbles after losing too many elections. Now anything goes.They are the most dangerous threat to kenya democracy and rule of law. An angry man is a dangerous man.
1. 10 days are legal requirements. Not modifying according to ad hic wishes and political interests. If you can modify 10days to read 1 day, then why not 2days?4days? 5days? This would lead to absurdity.

2. Its a weak argument to claim 10days is restricted to election results only. Why would you justify 10days and not 5days or even 21 days? And no, in law there is nothing like provisional results. Results recognised by law are those published by IEBC in the Kenya Gazette. They are procedures for that. Therefore the issue of you claiming 10days on that basis of provisional is not accurate.

3. You also need to get Parliament Hansard and the historical reasons why elaborate swearing in was adopted in the constitution. Because it gives the reasoning behind having A SPECIFIC TIME PERIOD TO SWEAR OFFICIALS ESPECIALLY THE PRESIDENT. And some of the reasons were (a), to remove uncertainty and chaotic manner of swearing in where Government Officials could decide time and place of swearing in LIKE THIEVES IN THE NIGHT. Here revisit Kibaki swearing in of 2007/08. Apparently swearing in of DG Nyoro was designed to beat that aim. (b), to have sufficient time period in case of complains or legal challenge. This works with (a). That you cannot rush to swear someone just to escape legal challenge. Therefore certainty and reasonable time period was provided. In this Waititu Case, there was all indications legal challenge was on the way and therefore it was schemed to beat it. I could on for several other reasons including constitutional provisions but I would draft an essay!

4. The Act itself specifically deals with Assumptions of office by Governors and it envisions it will be applied to Governor-elect, DG and County Secretary or any other official/person being sworn in as Governor. Therefore where the Act refers to Governor elect it can also refer to County Secretary or DG if they are being sworn in as Governor. In this case DG was being sworn in as Governor and therefore to claim that 10days doesn't apply is just stretching imagination. It's rendering the Act useless and inapplicable in case of DG. Maybe they just need a specific Act for each occasion when Governor dies, is impeached, or resigns. This is of course unnecessarily cumbersome waste of time.

I repeat: the Act applies to anyone who is being sworn in as a Governor.

Finally, the issue of 10days is NOT MINOR. If parliament/law wanted fewer days to swear in DG then it should say so and not let guesswork prevail. We can as well modify and say it isn't necessary to be sworn in by Hihh Court, we can say Magistrate will do it!
NB: read the Act. There is even some Committee which should be formed to oversee Assumption of office, and it write reports, then issue to do with coordination of security agencies etc. If you read the whole of it then you can understand why 10days are envisioned and why those cannot be modified willy-nilly.

To be honest you said nothing. Any modification can amount to “different interpretation” if you chose to see it that way.  Supposing a governor dies today. The deputy assumes office. What value would ten days and Thursday rule add?

The reasoning behind the ten days is election results. Between provisional results and declaration of final results is a number of days. This is clearly unnecessary in the case of impeachment or death or resignation. That’s why the learned judge regarded it as “necessary modification”.

Non-negotiables would include serious matters such as being sworn in by a judge, gazetting the location and date of the swearing in etc

Btw, why do you think swearing a DG has “necessary modifications”? It is because a governor only comes to office through elections while a DG is through all those things I gave, death, impeachment, resignation....