Nipate
Forum => Kenya Discussion => Topic started by: Nefertiti on September 23, 2020, 03:37:09 AM
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and Mobutu worst nightmare. Tangatanga was kicked out of main committees so any IPPG or bills will sideline them. I predict UhuRao will leverage this advisory for BBI.
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and Mobutu worst nightmare. Tangatanga was kicked out of main committees so any IPPG or bills will sideline them. I predict UhuRao will leverage this advisory for BBI.
Whenever a momentous thing politically happens you go mute then come back with a kishindo. Do you consult someone before coming back to post?
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Indeed now he has constitutional moment to amend Katrina but without a legally constituted parliament it maybe be easy to block BBI on its track.We also have Ndii banana on basic structure
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Robina is just excited over nothing. Most pro BBI supporters were until the analysed the situation and reality struck.
This has really put BBI in a very bad place and thats the reason all BBI supporters are calling Maraga a supporter of Hustler Nation.
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BBI was limping. Uhuru had big plans for parliament - you saw how he kicked out Ruto folks - but now the same parliament is limping.
In short BBI crowd just got wasted.
The parliament they worked so hard to control is now for all purpose and intent in abeyance of the constitution.
The only window for parliament is to quickly meet and pass the gender law - while suspending everything else.
Robina is just excited over nothing. Most pro BBI supporters were until the analysed the situation and reality struck.
This has really put BBI in a very bad place and thats the reason all BBI supporters are calling Maraga a supporter of Hustler Nation.
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As usual Tangatanga bimbos cannot see beyond their noses. Shit is about to hit the fan for Mobutu. They were claiming here how Uhuru is not coming back after elections - which the bombshell now means you can have elections without Uhuru going anywhere for 2 years. The lameduck parliament is at Uhuru mercy.
BBI is BLANK CHEQUE - all the 1/3 gender, 35% devolution, PM, etc - get bundled with welfare and all mana from kondele heaven. Your hustler nonsense is dead.
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As usual Tangatanga bimbos cannot see beyond their noses. Shit is about to hit the fan for Mobutu. They were claiming here how Uhuru is not coming back after elections - which the bombshell now means you can have elections without Uhuru going anywhere for 2 years. The lameduck parliament is at Uhuru mercy.
BBI is BLANK CHEQUE - all the 1/3 gender, 35% devolution, PM, etc - get bundled with welfare and all mana from kondele heaven. Your hustler nonsense is dead.
Robina you have flip flopped on BBI was Railas Manifesto and was just about promises not to be full field , now you are saying its going to happen .
If " Maragas advice " is manna from Heaven for ODM and BBI supporters ask yourself why are the "real politicians" angry and worried and now attacking Maraga , They should be rejoicing according to " Robinas punditry"
https://www.the-star.co.ke/news/2020-09-23-raila-supporters-attack-cj-maraga-over-uhuru-letter/
Ironically, even Raila’s team that widely celebrated Maraga when he nullified Uhuru’s 2017 presidential election, accused the CJ of turning into an activist.
In 2017, the Nasa team heaped praises on Maraga as a faithful defender of the 2010 Constitution whose decisions will forever be remembered in Africa.
On Tuesday, Minority Whip Junet Mohamed opened the debate with a clarion call for Maraga to follow in his predecessor Willy Mutunga’s footsteps and proceed on leave, pending his retirement.
“The precedent was set by Willy Mutunga when he left office six months before the expiry of his term for good governance purposes,” Junet said.
“I was shocked when the CJ told the Justice and Legal Affairs committee that he’d leave office on January 12, 2021, the same date when his term is ending,” Junet said.
He claimed Maraga has never gone on leave for four months and his exit from the helm of the Judiciary should have started in August.
“He has four months of leave which should have started in August. How can someone take his advisory seriously? Parliament is going nowhere. We have a term ending August 2022. Which election is Maraga asking for now? Which election is this?” Junet thundered.
Leader of Minority John Mbadi asked why the CJ has been allowed to make such a major decision in his last days in office.
“The CJ did something that now appears to be a desire to be trending in social media and the news,” Migori Senator Ochilo Ayacko said.
Busia Senator Amos Wako, the attorney general who held office for a record 20 years, took a swipe at the CJ for making the decision despite what he called the glaring contradictions in the Constitution.
He argued that while the Constitution stipulates a fixed term for Parliament, it does give the give the President the powers to prorogue or dissolve Parliament.
“It almost appears that he has become an activist, where he should be a president and at the same time being a judge of the supreme Court,” Makueni Senator Mutula Kilonzo Jnr said.
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Omtata Noway - those are smoke and red herring. Uhuru will call presser along with covid update and say public interest overrides Omtata or FIDA interest. So the 1/3 and all issues will be rectified with BBI. This makes Raila Manifesto a constitutional imperative :)
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Uhuru doesn't have all the cards. Judiciary is ready to declare BBI illegal anytime until the constitution has been ammended. That is a long way to go.
Omtata Noway - those are smoke and red herring. Uhuru will call presser along with covid update and say public interest overrides Omtata or FIDA interest. So the 1/3 and all issues will be rectified with BBI. This makes Raila Manifesto a constitutional imperative :)
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BBI will be passed by new parliament if current is dissolved. This make Raila Manifesto a national emergency. AG and Kimunya will draft BBI Omnibus Bill with 1/3, 35% and shebang - for this or next parliament to vote. Either way BBI is now court- sanctioned. Court orders or advisory affect all bills or none.
Uhuru doesn't have all the cards. Judiciary is ready to declare BBI illegal anytime until the constitution has been ammended. That is a long way to go.
Omtata Noway - those are smoke and red herring. Uhuru will call presser along with covid update and say public interest overrides Omtata or FIDA interest. So the 1/3 and all issues will be rectified with BBI. This makes Raila Manifesto a constitutional imperative :)
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Not easy to ammend this katiba. Forget it. 1/3 will have to be dealt within current laws. Not enough time. The legal challenges that will be thrown it making it impossible to do it before.
And judiciary will not wait for illegal parliament to ammend katiba.
And it's likely Ndii reading - which reflect my reading (check my history here) - is absolutely righ.
There are basic structure of constitution that you cannot ammend.
You cannot ammend the right to life for example....even if you have super-majority.
So pray you'll be able to ammend progressive law like 1/3 gender :)
BBI will be passed by new parliament if current is dissolved. This make Raila Manifesto a national emergency. AG and Kimunya will draft BBI Omnibus Bill with 1/3, 35% and shebang - for this or next parliament to vote. Either way BBI is now court- sanctioned. Court orders or advisory affect all bills or none.
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Yes that is what am saying. You need referendum to
amend most of katiba including 1/3 - cause current MPs already failed to pass 1/3 - and Kenyans refused to vote women. So elections is crisis - how do you make Kenyans vote women - or new parliament to pass 1/3? Now you see Uhuru choice is easy - he will ignore David the Brinkman Maraga - and say fasttfack BBI. In meantime Parliament will remain constitutional but lameduck.
Illegal vs lameduck - you know the difference right?
Not easy to ammend this katiba. Forget it. 1/3 will have to be dealt within current laws. Not enough time. The legal challenges that will be thrown it making it impossible to do it before.
And judiciary will not wait for illegal parliament to ammend katiba.
And it's likely Ndii reading - which reflect my reading (check my history here) - is absolutely righ.
There are basic structure of constitution that you cannot ammend.
You cannot ammend the right to life for example....even if you have super-majority.
So pray you'll be able to ammend progressive law like 1/3 gender :)
BBI will be passed by new parliament if current is dissolved. This make Raila Manifesto a national emergency. AG and Kimunya will draft BBI Omnibus Bill with 1/3, 35% and shebang - for this or next parliament to vote. Either way BBI is now court- sanctioned. Court orders or advisory affect all bills or none.
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How do you fast track when our courts are slow. BBI has small window before IEBC start to prepare or general election. One court case that gets an injunction - and it kaput. Now imagine many court cases. Judiciary is something the Uhuru doesn't control. Even parliament - despite Raila - help - he failed in senate - in simple 1M1S.
Go slow on wishful thinking.
Parliament has to find a way out first. You cannot ammend constitution - to fix the constitution. So first pass the law - and then try to ammend katiba.
Now lameduck president, limping parliament and add COVID-19 wrecking economy, and you have a real crisis. Add a referendum. And you haven't even thought about arrows :)
At this point Uhuru and parliament best strategy is to limp along - and hope for the best - not open more war fronts - in divisive BBI and referendum - that will mix with election mood - plus corona - and kenya will be BANKRUPT by mid next year. Uhuru will go out in great shame.
Yes that is what am saying. You need referendum to
amend most of katiba including 1/3 - cause current MPs already failed to pass 1/3 - and Kenyans refused to vote women. So elections is crisis - how do you make Kenyans vote women - or new parliament to pass 1/3? Now you see Uhuru choice is easy - he will ignore David the Brinkman Maraga - and say fasttfack BBI. In meantime Parliament will remain constitutional but lameduck.
Illegal vs lameduck - you know the difference right?
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Here is what you need to get:
Elections 2013 & 17 already failed to fix 1/3.
11th and 12th parliaments failed to fix 1/3.
So holding elections is proven failed method. BBI is best strategy as at now. Easy-peasy - Uhuru will consider best option that avoid crisis.
Referendum or elections- which is more likely to resolve this?
How do you fast track when our courts are slow. BBI has small window before IEBC start to prepare or general election. One court case that gets an injunction - and it kaput. Now imagine many court cases. Judiciary is something the Uhuru doesn't control. Even parliament - despite Raila - help - he failed in senate - in simple 1M1S.
Go slow on wishful thinking.
Parliament has to find a way out first. You cannot ammend constitution - to fix the constitution. So first pass the law - and then try to ammend katiba.
Now lameduck president, limping parliament and add COVID-19 wrecking economy, and you have a real crisis. Add a referendum. And you haven't even thought about arrows :)
At this point Uhuru and parliament best strategy is to limp along - and hope for the best - not open more war fronts - in divisive BBI and referendum - that will mix with election mood - plus corona - and kenya will be BANKRUPT by mid next year. Uhuru will go out in great shame.
Yes that is what am saying. You need referendum to
amend most of katiba including 1/3 - cause current MPs already failed to pass 1/3 - and Kenyans refused to vote women. So elections is crisis - how do you make Kenyans vote women - or new parliament to pass 1/3? Now you see Uhuru choice is easy - he will ignore David the Brinkman Maraga - and say fasttfack BBI. In meantime Parliament will remain constitutional but lameduck.
Illegal vs lameduck - you know the difference right?
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Once you realize referendum is only route now - since referendum is expensive- it must be bundled with BBI to avoid wastage. You see Dr Maraga just ordered Raila pill - and you are here cheering.
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Passing a gender bill is the only route. They have to figured it out. They can reserve 30% of all party nomination for women.
Once you realize referendum is only route now - since referendum is expensive- it must be bundled with BBI to avoid wastage. You see Dr Maraga just ordered Raila pill - and you are here cheering.
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That was already tried and failed 10X - since 2013 to now.
Passing a gender bill is the only route. They have to figured it out. They can reserve 30% of all party nomination for women.
Once you realize referendum is only route now - since referendum is expensive- it must be bundled with BBI to avoid wastage. You see Dr Maraga just ordered Raila pill - and you are here cheering.
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They were not disbanded. A new parliament only mandate will be to pass that gender bill or they go. This is the constitutional stick. You got try it first. Whip the MPs arse with it.
1/3 - at least pass some fake gender bill.
That was already tried and failed 10X - since 2013 to now.
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Good luck.
They were not disbanded. A new parliament only mandate will be to pass that gender bill or they go. This is the constitutional stick. You got try it first. Whip the MPs arse with it.
1/3 - at least pass some fake gender bill.
That was already tried and failed 10X - since 2013 to now.
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Uhuru (and Raila) has the levers now - accept that - cause he will decide what referendum question or new gender bill will say. Referendum on 1 question is wastage - duhh - so let bundle 35% devolution and BBI items. Ruto can only oppose or support but has less and less space now to drive the initiative - which is a court- sanctioned imperative. His crew kicked out of major posts in bunge and party.
The politics of it.
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You only good in heckling otherwise political analysis require at least some basic grounding in law and other stuff.
Uhuru-Raila have limited cards. You cannot purport to implement part of constitution you like and disregard others.
You can waste billions - and eventually the referendum will be declared null and void.
Uhuru has to implement the orders first. Parliament has to pass gender bill to avoid being disbanded.
You cannot say - wait for us to amend the constitution. It's a thief telling a judge to put the sentencing in pause to make stealing legal.
And try to read at least Ndii - this issues is at the very core of constitution - the women rights to equality and freedom from discrimination - cannot be made legal...just so parliament cannot be disbanded.
Parliament just acted with insolence otherwise the courts gave them latitude - told them to enact a progressive legislation - that will be aspirational.
Uhuru (and Raila) has the levers now - accept that - cause he will decide what referendum question or new gender bill will say. Referendum on 1 question is wastage - duhh - so let bundle 35% devolution and BBI items. Ruto can only oppose or support but has less and less space now to drive the initiative - which is a court- sanctioned imperative. His crew kicked out of major posts in bunge and party.
The politics of it.
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Ouch. And yet parliament and Kenyans have failed for 10 years to respect women rights. Reality is not theory. New parliament can come back with fewer women so that definition of madness.
Pundit you are good with excel data - tribes or clan census, economics, pie charts - not hard reasoning. That why you think judge can dissolve parliament or swear judges. Or Maraga cannot be overruled by court. In few weeks - few rulings - we will see what happens.
You only good in heckling otherwise political analysis require at least some basic grounding in law and other stuff.
Uhuru-Raila have limited cards. You cannot purport to implement part of constitution you like and disregard others.
You can waste billions - and eventually the referendum will be declared null and void.
Uhuru has to implement the orders first. Parliament has to pass gender bill to avoid being disbanded.
You cannot say - wait for us to amend the constitution. It's a thief telling a judge to put the sentencing in pause to make stealing legal.
And try to read at least Ndii - this issues is at the very core of constitution - the women rights to equality and freedom from discrimination - cannot be made legal...just so parliament cannot be disbanded.
Parliament just acted with insolence otherwise the courts gave them latitude - told them to enact a progressive legislation - that will be aspirational.
Uhuru (and Raila) has the levers now - accept that - cause he will decide what referendum question or new gender bill will say. Referendum on 1 question is wastage - duhh - so let bundle 35% devolution and BBI items. Ruto can only oppose or support but has less and less space now to drive the initiative - which is a court- sanctioned imperative. His crew kicked out of major posts in bunge and party.
The politics of it.
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Incorrigible. New parliament doesn't have to be made of 1/3. The issue here is parliament MUST ENACT LEGISLATION. They must pass laws on how to achieve gender equality - at least 1/3.
Nobody has said the next parliament will have to be back with 1/3 women. They can come 100% men but they must pass laws to make sure the constitutional aspiration for gender equality are progressively met.
Women like you - need help - because look at yourself - you're an idiot who can only survive with affirmative action.
Now Mps - have to pass a legislation - that would admit such women into the nipate of kenya.
Ouch. And yet parliament and Kenyans have failed for 10 years to respect women rights. Reality is not theory. New parliament can come back with fewer women so that definition of madness.
Pundit you are good with excel data - tribes or clan census, economics, pie charts - not hard reasoning. That why you think judge can dissolve parliament or swear judges. Or Maraga cannot be overruled by court. In few weeks - few rulings - we will see what happens.
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RV Pundit suggestion seems to be the final solution to this impediment . Judiciary is known to selfishly safeguard theirs, even in this situation where they have run to the courts - The courts at worst case scenario will just give them a timeline to enact the law and this would further tie parliaments knot .
On matters constitution the courts seem to stand firm .
Now of course politicians would want to score from anything , right now I bet all big political players , Uhuru , Ruto and Raila are seeking advice how this stalemate can advantageous to them or it will affect their schemes . You saw Raila came out guarded and gave a statement without essentially saying anything . Torn between BBI /Handshake Referendum and taking advantage of the situation and increasing ODM numbers in parliament .
Now Robina who just a few days ago was singing like a canary that BBI wont happen its just a Raila Manifesto which even he has no plans of implementing now has switched sides just like the legendary Bendera hufuata upepo and she calls it " Robinas Punditry" when it comes to the proof in the pudding , Nothing - Hence the flip- flopping and meandering on issues .
Even renowned lawyers like LSK president is saying any business transaction in parliament would be illegal . But Robina thinks she knows better
https://www.the-star.co.ke/news/2020-09-24-maraga-sting-why-uhuru-is-in-dilemma/
The President also faces another political conundrum involving his push for constitutional review through the Building Bridges Initiative.
Law Society of Kenya president Nelson Havi declared the BBI process dead following Maraga's advisory to dissolve Parliament.
"The BBI has suffered a premature death," Havi said adding that going forward Parliament would be operating in contravention of the Constitution.
“Effective Monday, any laws passed by the National Assembly and the Senate are of no effect, they are null and void,” Havi said.
He went on, “Any oversight role, which is ordinarily undertaken by Parliament towards vetting of state appointees, towards giving reports on state agencies, would be of no effect.”
Consequently, Havi said, the Treasury should not release salaries and allowances to MPs.
However, the BBI process through Parliament would hit a roadblock, given the warnings that Parliament's verdicts would be null and void henceforth, following the Maraga advisory.
The litany of the issues puts the President in a tight corner as pressure mounts on him to dissolve the 'August' House to pave the way for by-elections in the 290 constituencies.
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There is no more time from the court. The court will only listen if Mps have already passed the legislation. They have been given so much time by the same court. 10yrs.
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There is no more time from the court. The court will only listen if Mps have already passed the legislation. They have been given so much time by the same court. 10yrs.
Mentioned as a worst case scenario for the courts . PSC wont get what they want from the courts however as it happened in 2017 after an year extension from 2015 to 2016
the courts might provide a timeline to do so again albeit as indicated earlier as a worst case scenario . The best case scenario would be to stay " Maragas advice"
http://constitutionnet.org/news/kenyas-failure-implement-two-third-gender-rule-prospect-unconstitutional-parliament
The prospect of an unconstitutional Parliament
As indicated earlier, the Supreme Court Advisory Opinion required Parliament to provide for mechanisms to implement the two-third-gender principle by 27 August 2015. The National Assembly extended the deadline by one year in line with its constitutional discretion to do so, but only once. According to the Court’s opinion, parliament is to be dissolved where it fails to enact legislation required by the constitution on a particular matter. It follows that the National Assembly and the Senate may be dissolved unless the mechanism to implement the gender principle is passed by 27 August 2016. Kenyan women are preparing to move the Court accordingly.
https://www.loc.gov/law/foreign-news/article/kenya-parliament-ordered-to-enact-legislation-related-to-increasing-the-number-of-female-members/
Apr. 19, 2017) On March 29, 2017, the Constitutional and Human Rights Division of the High Court of Kenya at Nairobi found that the two houses of the national legislature, the National Assembly and the Senate, failed to perform their constitutional obligation to ensure that not more than two-thirds of their members be of the same gender (the two-thirds gender rule). The High Court ordered them and the Attorney-General to take the necessary steps to enact legislation for the implementation of this constitutional requirement within 60 days or be subject to a petition for the two houses’ dissolution. (Centre for Rights Education and Awareness & 2 Others v The Speaker The National Assembly & 6 Others [2017] eKLR, Kenya Law website.)
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Under what powers can a junior judge stay a chief justice orders...especially one that clearly written in the constitution.
So Chief Justice will now appoint a lawyer or represent himself before his junior :) - who now is more wiser than the BOSS.
Some things are funnier than funny.
If PSC were serious - they should have approached Maraga long time ago.
Only recourse is for Uhuru to sit on this illegally. Otherwise if I was Maraga - I would recall that case file - and thrash it - if some judges was stupid enough not to dismiss it in limine.
So after Uhuru as executive PORK has dismissed your case - you appeal to your local DC to overturn it :)
There is no more time from the court. The court will only listen if Mps have already passed the legislation. They have been given so much time by the same court. 10yrs.
Mentioned as a worst case scenario for the courts . PSC wont get what they want from the courts however as it happened in 2017 after an year extension from 2015 to 2016
the courts might provide a timeline to do so again albeit as indicated earlier as a worst case scenario . The best case scenario would be to stay " Maragas advice"
http://constitutionnet.org/news/kenyas-failure-implement-two-third-gender-rule-prospect-unconstitutional-parliament
The prospect of an unconstitutional Parliament
As indicated earlier, the Supreme Court Advisory Opinion required Parliament to provide for mechanisms to implement the two-third-gender principle by 27 August 2015. The National Assembly extended the deadline by one year in line with its constitutional discretion to do so, but only once. According to the Court’s opinion, parliament is to be dissolved where it fails to enact legislation required by the constitution on a particular matter. It follows that the National Assembly and the Senate may be dissolved unless the mechanism to implement the gender principle is passed by 27 August 2016. Kenyan women are preparing to move the Court accordingly.
https://www.loc.gov/law/foreign-news/article/kenya-parliament-ordered-to-enact-legislation-related-to-increasing-the-number-of-female-members/
Apr. 19, 2017) On March 29, 2017, the Constitutional and Human Rights Division of the High Court of Kenya at Nairobi found that the two houses of the national legislature, the National Assembly and the Senate, failed to perform their constitutional obligation to ensure that not more than two-thirds of their members be of the same gender (the two-thirds gender rule). The High Court ordered them and the Attorney-General to take the necessary steps to enact legislation for the implementation of this constitutional requirement within 60 days or be subject to a petition for the two houses’ dissolution. (Centre for Rights Education and Awareness & 2 Others v The Speaker The National Assembly & 6 Others [2017] eKLR, Kenya Law website.)