CJ Koome: Impeached and Convicted Politicians Barred UNTIL Verdict Nullified

[RV Pundit]

Democracy is more important than anything. It's article 1.

Secondly it was upon ICC to lock them up or not for the period of their trial. Dont blame the kenya vote. ICC should have disallowed bail if they knew they were powerful people who would interfere with trial. Or they should have allowed them out of jail but to remain in Netherland or in Europe...but not in Kenya. Without being around..nobody would have voted them.

You cannot blame Kenya courts or Chebukati or the voter when someone like Waluke is walking freely in Sirisia. How are they suppose to know he is dangerous?

[Pragmatic]

Democracy is more important than anything. It's article 1.

Secondly it was upon ICC to lock them up or not for the period of their trial. Dont blame the kenya vote. ICC should have disallowed bail if they knew they were powerful people who would interfere with trial. Or they should have allowed them out of jail but to remain in Netherland or in Europe...but not in Kenya. Without being around..nobody would have voted them.

You cannot blame Kenya courts or Chebukati or the voter when someone like Waluke is walking freely in Sirisia. How are they suppose to know he is dangerous?

[RV Pundit]

You dont get convicted in a civil case. You win or lose the case. Ruto lost the land and had to pay damage to Muteshi. That was end of it. If Muteshi wanted to pursue criminal case - he should have gone to Turbo police.

[Pragmatic]

It is just that Muteshi was satisfied at restitution. GoK should have pursued criminal charges... forceful eviction with use of dangerous weapons, no less!

You dont get convicted in a civil case. You win or lose the case. Ruto lost the land and had to pay damage to Muteshi. That was end of it. If Muteshi wanted to pursue criminal case - he should have gone to Turbo police.

[Kim Jong-Un's Pajama Pants]

Democracy is more important than anything. It's article 1.

Secondly it was upon ICC to lock them up or not for the period of their trial. Dont blame the kenya vote. ICC should have disallowed bail if they knew they were powerful people who would interfere with trial. Or they should have allowed them out of jail but to remain in Netherland or in Europe...but not in Kenya. Without being around..nobody would have voted them.

You cannot blame Kenya courts or Chebukati or the voter when someone like Waluke is walking freely in Sirisia. How are they suppose to know he is dangerous?

Ideally it should not even need to be a ruling in a due process.  That chapter was added because ethics were completely absent in our politics.  Credible evidence of some malfeasance should suffice.  A man caught on CCTV exposing his member to an underage child should show cause why he should be allowed to run, even if he has not been convicted.

[RV Pundit]

Move to Iran. You will be very happy in a theocracy where the Supreme Leader Hayottah decides who runs or not based on Islamic ideals.

Ideally it should not even need to be a ruling in a due process.  That chapter was added because ethics were completely absent in our politics.  Credible evidence of some malfeasance should suffice.  A man caught on CCTV exposing his member to an underage child should show cause why he should be allowed to run, even if he has not been convicted.

[RV Pundit]

Iran runs a morality or guardian council that decided who runs for office based on islamic values...that form of gov is theocracy's.

Guardian Council

Ayatollah Ahmad Jannati is the chairman of both the Guardian Council and the Assembly of Experts

The most influential body in Iran, the Guardian Council is tasked with approving all bills passed by parliament and has the power to veto them. It can also bar candidates from standing in elections to parliament, the presidency and the Assembly of Experts.

The council consists of six theologians appointed by the Supreme Leader and six jurists nominated by the judiciary and approved by parliament. Members are elected for six years on a phased basis, so that half the membership changes every three years.

The council is dominated by hardliners, including the chairman Ayatollah Ahmad Jannati.

[Dear Mami]

IEBC following Koome indication,  We seem to be indeed starting t turn a corner. It started with the Maraga SCOK nullifying 2017 and ordering re-election. Uhuru fights with Judiciary with them defying him (sometimes stupidly, IMO, sometimes wisely) have added a little more steem to institutional independence. Chebukati is trying after 2017 bungle. But as we said years ago, political will is everything. You need people at the helm to make the correct decisions at difficult times, then to be rewarded for it with public and international respect, then for the govt to go along with it, whatever tantrums it throws. That encourages more and more institutions to start acting with ethics and their own legacy topmost of their considerations. In a few decades, it should bear fruit. We have to start somewhere.

[RV Pundit]

We can start by ammending the constitution...otherwise I dont think there is any other legal interpretation of this plain English.

Article 99
Section 2
(g) is subject to a sentence of imprisonment of at least six months, as at the date of registration as a candidate, or at the date of election; or
(h) is found, in accordance with any law, to have misused or abused a State office or public office or in any way to have contravened Chapter Six.

(3) A person is not disqualified under clause (2) unless all possibility of appeal or review of the relevant sentence or decision has been exhausted.

IEBC following Koome indication,  We seem to be indeed starting t turn a corner. It started with the Maraga SCOK nullifying 2017 and ordering re-election. Uhuru fights with Judiciary with them defying him (sometimes stupidly, IMO, sometimes wisely) have added a little more steem to institutional independence. Chebukati is trying after 2017 bungle. But as we said years ago, political will is everything. You need people at the helm to make the correct decisions at difficult times, then to be rewarded for it with public and international respect, then for the govt to go along with it, whatever tantrums it throws. That encourages more and more institutions to start acting with ethics and their own legacy topmost of their considerations. In a few decades, it should bear fruit. We have to start somewhere.

[Dear Mami]

We can start by ammending the constitution...otherwise I dont think there is any other legal interpretation of this plain English.

Article 99
Section 2
(g) is subject to a sentence of imprisonment of at least six months, as at the date of registration as a candidate, or at the date of election; or
(h) is found, in accordance with any law, to have misused or abused a State office or public office or in any way to have contravened Chapter Six.

(3) A person is not disqualified under clause (2) unless all possibility of appeal or review of the relevant sentence or decision has been exhausted.

IEBC following Koome indication,  We seem to be indeed starting t turn a corner. It started with the Maraga SCOK nullifying 2017 and ordering re-election. Uhuru fights with Judiciary with them defying him (sometimes stupidly, IMO, sometimes wisely) have added a little more steem to institutional independence. Chebukati is trying after 2017 bungle. But as we said years ago, political will is everything. You need people at the helm to make the correct decisions at difficult times, then to be rewarded for it with public and international respect, then for the govt to go along with it, whatever tantrums it throws. That encourages more and more institutions to start acting with ethics and their own legacy topmost of their considerations. In a few decades, it should bear fruit. We have to start somewhere.

If we're going to get technical, then Sonko is free to run as MP. Let Buru folk pick him if they want. The guy is entertaining and can talk.

[GeeMail]

That would kill democracy. All gov would do is to bring anybody they dont like before a law of court and accuse them of serious crimes.

Let talk about Waluke now. He has been found guilty. That is different. Sonko also stand impeached. That is different - I believe their status is not that of an innocent person but a condemned person trying to overturn a guilty verdict.

So let see if Mativo will resolve the case of Sonko and Walukes - because a convicted murderer in jail or out (like in kenya) can appeal for 20yrs - but he remain convicted.

But wording for qualification for MP/Gov/PORK is very clear - Sonko and Waluke should run.

Pundit wax legal. Convicted means there is reasonable cause to believe a person committed offense. Something like court believe accusations by police or EACC are credible. That is reason enough to bar running for public office where he will do same thing or interfere with prosecution. We saw what Sonko did with governor office. Same to Obado.

Impeached mean Senate believe there is reasonable cause for MCAs to send governor home.

Suspected or charged with corruption cases especially has lower status but discretion can apply. Lenaola applied low or no discretion as a judicial officer and gave a skunk. MPs got close in this.

https://www.the-star.co.ke/news/2021-09-27-bombshell-plan-to-lock-out-graft-suspects-from-polls/

[RV Pundit]

He can only stand for MP, Senator, Gov and PORK. Otherwise he cannot hold a sub chief office because he fails chapter six. But people can make him their MP - for the people are supreme and can choose to exercise power directly like in an election.

If we're going to get technical, then Sonko is free to run as MP. Let Buru folk pick him if they want. The guy is entertaining and can talk.

[RV Pundit]

Little knowledge is dangerous.
Reasonable cause is reasonable suspicion...that what police cite to stop you and search on the spot.
The bar here is very very low.
When you have been found guilty, or been impeached, you can still run, as long as there is an appeal going.
This is not accidental clause.
This is what deliberately inserted by Mps - including Martha, Ruto, etc - in Naivasha PSC - to defeat chapter six - or avoid misuse for political reasons.
You endorse the constitution subsequently
And you cannot cry.

Pundit wax legal. Convicted means there is reasonable cause to believe a person committed offense. Something like court believe accusations by police or EACC are credible. That is reason enough to bar running for public office where he will do same thing or interfere with prosecution. We saw what Sonko did with governor office. Same to Obado.

Impeached mean Senate believe there is reasonable cause for MCAs to send governor home.

Suspected has lower status but discretion can apply. Lenaola applied low or no discretion as a judicial officer and gave a skunk.

[GeeMail]

https://www.the-star.co.ke/news/2021-09-27-bombshell-plan-to-lock-out-graft-suspects-from-polls/

Look at the list see why Pundit opposes tightening chapter six requirement.

The list include Mathira MP Rigathi Gachagua who is out on bail following a charge of conspiracy to defraud Nyeri county of Sh27 million.

The case followed shortly after he was charged with obtaining Sh7 billion suspected to be the proceeds of crime.

Lugari MP Ayub Savula is out on bail, after being charged with obtaining Sh122 million from the Government Advertising Agency.

[RV Pundit]

Useless excitement that fails at altar of article 99 - which Mps deliberately put them - to avoid such - and kenya passed the katiba.

https://www.the-star.co.ke/news/2021-09-27-bombshell-plan-to-lock-out-graft-suspects-from-polls/

[GeeMail]

Pundit want an MP to steal CDF cash and buy county MCAs, judiciary and voters then come back as governor or running mate.

[RV Pundit]

Sonko is in Azimio.
Siria Mp is in Azimio.
All sides have corrupt people
Please grow a brain and mature up.

Look at the list see why Pundit opposes tightening chapter six requirement.

[RV Pundit]

Typical ODMoron reasoning. What I want is irrelevant. The rule of law will prevail.

Pundit want an MP to steal CDF cash and buy county MCAs, judiciary and voters then come back as governor or running mate.

[GeeMail]

You have good runningmate. Go ahead and say main agenda after taking over JSC will be to repeal chapter six.

[RV Pundit]

Cok2010 has no major issues. The law cannot go ahead of the citizen without resorting to strong arm like Rwanda dictatorship. It's citizen to catch up and do their job of sending home anybody suspected of corruption. That is developed world standard. Morality cannot be legislated.

You have good runningmate. Go ahead and say main agenda after taking over JSC will be to repeal chapter six.