Ethnic Rag: NASA Declares War on 7 Ministers

[Omollo]

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The ethnic Rag is campaigning for Jubilee

All the Cabinet secretaries mentioned have, however, argued they were only doing their jobs, demonstrating to the people how they have worked in the past four years.

Mr Njiraini and Mr Njoroge, on the other hand, have said they appeared at the fundraiser as individuals. 

But Nasa maintains they are breaking the law and also wants the Independent Electoral and Boundaries Commission (IEBC) to crack down on them.

"We believe the IEBC does not require prompting to penalise Uhuru Kenyatta for using the GOK delivery portal to advertise jubilee message under the guise of informing Kenyans about government programmes."

[Nefertiti]

I watched that press address. NASA seems to think CS cannot campaign for Jubilee... use GoK delivery portal for campaigns, heck Uhuru can't even talk about SGR cos it is a "state" project  The idea that CS's - who are PORK's direct assistants and will be fired on the spot in case he loses - are "state officers" and should be neutral is misguided morony. Even county execs should campaign for incumbent governor to whom they owe allegiance.

Of course we draw a line with an under-performer like Kiunjuri, who after taking over from award-winning Waiguru, was first managing Jubilee merger and then campaigning while drought is his docket. The only prop Kiunjuri has on Waiguru is her soiled name. Another dismal performer is Wamalwa - water shortages everywhere and the moron thinks he has performed.

NASA should rate the CS's instead of whining about state officer.

[Omollo]

The law is the law. The reason Uhuru and Ruto are so pedestrian about all this is because they were either with Moi or too young drinking Nyayo milk when people like Orengo were fighting Moi for these rights.

A CS is paid and hired to serve the entire country with partisanship. That is why the jobs were depoliticized in the constitution.

SGR is NOT a jubilee project. It is a state project funded by public funds. Why would a political party parade it? Whichever country you live in tell me if the party in power uses state resources and then boasts of having "brought development", this or that.

Any way we can't argue about it. There is a law specifically forbidding it. First you repeal the law then discuss this.

I have no idea which Jubilee minister has achieved. Waiguru was said to be the biggest achiever. How do you take 791 millions to a slum, pay youths from your handbag to clear drainages and say you are doing more than "Laira"? She should have called the Nairobi County Government negotiated a clear scope of work and handed over the cash with her ministry working with Public works, Chief Quantity surveyor, etc to supervise and release the money as the desired objectives are met.

Wamalwa will go to prison to be sodomized for stealing Galana billions. That I can guarantee. I fear he would be dead within two weeks of being arrested.

Kiunjuri is among the three in Uhuru's plan B. Plan A is his brother and son.

I watched that press address. NASA seems to think CS cannot campaign for Jubilee... use GoK delivery portal for campaigns, heck Uhuru can't even talk about SGR cos it is a "state" project  The idea that CS's - who are PORK's direct assistants and will be fired on the spot in case he loses - are "state officers" and should be neutral is misguided morony. Even county execs should campaign for incumbent governor to whom they owe allegiance.

Of course we draw a line with an under-performer like Kiunjuri, who after taking over from award-winning Waiguru, was first managing Jubilee merger and then campaigning while drought is his docket. The only prop Kiunjuri has on Waiguru is her soiled name. Another dismal performer is Wamalwa - water shortages everywhere and the moron thinks he has performed.

NASA should rate the CS's instead of whining about state officer.

[Nefertiti]

We don't have to agree with the laws... for instance you don't agree with the attempted repeal of section 2A (party hopping). Bad laws should be ignored and challenged in court if push comes to shove. The CS's should keep it up - and NASA, NGOs, IEBC, etc should take them to court if they have violated any laws.

The law is the law. The reason Uhuru and Ruto are so pedestrian about all this is because they were either with Moi or too young drinking Nyayo milk when people like Orengo were fighting Moi for these rights.

Of course they are, and so is PORK. That does not stop them from advocating political policy. Jubilee is a national party. A county exec in Mombasa is expected to serve all residents fairly and advocating Joho's policies does not stop that all.

A CS is paid and hired to serve the entire country with partisanship. That is why the jobs were depoliticized in the constitution.

Of course SGR is a state project. The head of state is the Jubilee Party Leader. It is called democracy - the winner has mandate to manage state resources and explain his management of the said resources to the voters at the elections. Trump will claim in 2018/20 how he brought back jobs from Mexico and China to America... using state resources (policies, laws, incentives, etc).

SGR is NOT a jubilee project. It is a state project funded by public funds. Why would a political party parade it? Whichever country you live in tell me if the party in power uses state resources and then boasts of having "brought development", this or that.

Any way we can't argue about it. There is a law specifically forbidding it. First you repeal the law then discuss this.

This is subjective but I agree with you in principle. Waiguru was awarded by the UN for Huduma Centers along with Maggy's Beyond Zero. Considering our dismal benchmark that is noteworthy.

I have no idea which Jubilee minister has achieved. Waiguru was said to be the biggest achiever. How do you take 791 millions to a slum, pay youths from your handbag to clear drainages and say you are doing more than "Laira"? She should have called the Nairobi County Government negotiated a clear scope of work and handed over the cash with her ministry working with Public works, Chief Quantity surveyor, etc to supervise and release the money as the desired objectives are met.

Wamalwa will go to prison to be sodomized for stealing Galana billions. That I can guarantee. I fear he would be dead within two weeks of being arrested.

Kiunjuri is among the three in Uhuru's plan B. Plan A is his brother and son.

[Omollo]

Robina

If everyone said I don't agree with the law that protects my neighbor's land and so I will raze his home to the ground and let him go to court where I am sure the courts will dispense with the law... you realize that would be war.

A government has no option but to bend over backwards and obey the law. In some silly jurisdictions like the US where their own jurisprudence has place corporations, government etc on the same footing as Human Beings, we have had cases of citizens resorting to violence and their defense has been "well, the government started it".

Fine, CS should proceed because you do not agree with the laws that forbid them from either working for anybody else than the state and from engaging in partisan politics. So let me ask you a question:

CS have an administrative / legal role. They are required by law to make certain decisions exercising their discretion. The CS Internal Security is given wind powers to issue directions to the IG on policy, Designate certain areas as he deems fit for security etc; The Minister for Health may also take decisions on matters of public health while the Education CS has powers over the school calendar and many issues previously under the Director of Education - until the late seventies a Mzungu or their lackey (Mzungu could not trust an independence African politician to make fair decisions on education).

What are the chances that even if the minister makes the decision fairly and without prejudice, a person shall not claim that he did so out of political malice arising from his political beliefs?

CASE IN POINT: Joho's guns and security was withdrawn. He went to court and it played out as I have suggested. The court saw politics in a security decision and threw hot water in Nkaissery's face.

We don't have to agree with the laws... for instance you don't agree with the attempted repeal of section 2A (party hopping). Bad laws should be ignored and challenged in court if push comes to shove. The CS's should keep it up - and NASA, NGOs, IEBC, etc should take them to court if they have violated any laws.

Of course they are, and so is PORK. That does not stop them from advocating political policy. Jubilee is a national party. A county exec in Mombasa is expected to serve all residents fairly and advocating Joho's policies does not stop that all.

A CS is paid and hired to serve the entire country with partisanship. That is why the jobs were depoliticized in the constitution.

Of course SGR is a state project. The head of state is the Jubilee Party Leader. It is called democracy - the winner has mandate to manage state resources and explain his management of the said resources to the voters at the elections. Trump will claim in 2018/20 how he brought back jobs from Mexico and China to America... using state resources (policies, laws, incentives, etc).

This is subjective but I agree with you in principle. Waiguru was awarded by the UN for Huduma Centers along with Maggy's Beyond Zero. Considering our dismal benchmark that is noteworthy.

I can arrange a UN Prize for you any day. Just make a proper donation to the right fund and you in.

[Nefertiti]

The penal code is separate from civil law and conduct guidelines... so no we should not evict our neighbors. CSs can be taken to court if they are seen to be biased as in Nkaisery's case. Nothing to do with political leaning. Unlike Boinet, judges, etc CS's are political appointees and therefore are automatically trapped into partisanship. That is our point of departure. Gagging them is time wastage as we can now see.

Robina

If everyone said I don't agree with the law that protects my neighbor's land and so I will raze his home to the ground and let him go to court where I am sure the courts will dispense with the law... you realize that would be war.

A government has no option but to bend over backwards and obey the law. In some silly jurisdictions like the US where their own jurisprudence has place corporations, government etc on the same footing as Human Beings, we have had cases of citizens resorting to violence and their defense has been "well, the government started it".

Fine, CS should proceed because you do not agree with the laws that forbid them from either working for anybody else than the state and from engaging in partisan politics. So let me ask you a question:

CS have an administrative / legal role. They are required by law to make certain decisions exercising their discretion. The CS Internal Security is given wind powers to issue directions to the IG on policy, Designate certain areas as he deems fit for security etc; The Minister for Health may also take decisions on matters of public health while the Education CS has powers over the school calendar and many issues previously under the Director of Education - until the late seventies a Mzungu or their lackey (Mzungu could not trust an independence African politician to make fair decisions on education).

What are the chances that even if the minister makes the decision fairly and without prejudice, a person shall not claim that he did so out of political malice arising from his political beliefs?

CASE IN POINT: Joho's guns and security was withdrawn. He went to court and it played out as I have suggested. The court saw politics in a security decision and threw hot water in Nkaissery's face.

I can arrange a UN Prize for you any day. Just make a proper donation to the right fund and you in.

[Omollo]

The penal code is separate from civil law and conduct guidelines... so no we should not evict our neighbors. CSs can be taken to court if they are seen to be biased as in Nkaisery's case. Nothing to do with political leaning. Unlike Boinet, judges, etc CS's are political appointees and therefore are automatically trapped into partisanship. That is our point of departure. Gagging them is time wastage as we can now see.

[Nefertiti]

The dotted line between the two... and why the ball is in Tobiko's or EACC's court... so the CSs can field the argument that as political appointees their role is separate from judges, cops, technocrats and other state officers. It is what I meant with ignoring bad laws. I am with them.

[Kim Jong-Un's Pajama Pants]

The penal code is separate from civil law and conduct guidelines... so no we should not evict our neighbors. CSs can be taken to court if they are seen to be biased as in Nkaisery's case. Nothing to do with political leaning. Unlike Boinet, judges, etc CS's are political appointees and therefore are automatically trapped into partisanship. That is our point of departure. Gagging them is time wastage as we can now see.

Looks like it ought to be a slam dunk case.  I would be surprised if an impartial judge takes more than a minute to arrive at the same conclusion.

[Kim Jong-Un's Pajama Pants]

The dotted line between the two... and why the ball is in Tobiko's or EACC's court... so the CSs can field the argument that as political appointees their role is separate from judges, cops, technocrats and other state officers. It is what I meant with ignoring bad laws. I am with them.

That it is separate is not in dispute.  It is obvious they are not cops or judges or other state officers.  I think it's a stretch to imagine that they are anything other than state officers.

[Omollo]

The dotted line between the two... and why the ball is in Tobiko's or EACC's court... so the CSs can field the argument that as political appointees their role is separate from judges, cops, technocrats and other state officers. It is what I meant with ignoring bad laws. I am with them.

That issue was settled when Uhuru resigned as minister for Finance.

[Omollo]

[Nefertiti]

We are discussing this because, while they are clearly state officers, so is the president, governors, etc who are also party politicians. Unlike a judge, a CS executes partisan policy. The issue is whether he is to evangelize the said policy and at what point that ceases to be duty and becomes an offence.

[Kim Jong-Un's Pajama Pants]

We are discussing this because, while they are clearly state officers, so is the president, governors, etc who are also party politicians. Unlike a judge, a CS executes partisan policy. The issue is whether he is to evangelize the said policy and at what point that ceases to be duty and becomes an offence.

It's one of those cases where Potter Stewart's analogy comes in hand.  Without defining it, a judge will know pornography when he sees it.  If I am DPP, these are cases that are easy to argue.  Bring them in-front of the judge and let him make the call.

[Nefertiti]

Tells us nothing. Almost all the state officers in this list are busy campaigning - are they committing electoral offences or just the CSs?

[Kim Jong-Un's Pajama Pants]

Robina,

If you look at the link Omollo shared, you will see something like this

A public officer who -
...
b) publicly indicates support for or opposition against any party, side or candidate participating in an election.
c) engages in political campaigns or other political activity.
...

As an example, if Eugene Wamalwa appears at a jubilee campaign event, and promotes the party, he is in violation.

That is as clear as I can imagine it getting short of naming specific officials and activities.  I believe the constitution makes an exception for the President and his deputy and other elective offices, even though I am not at a good place to pull that information up.

[Nefertiti]

It fails to designate CSs as part of the public officers banned from partisanship. They have been making that argument, and I agree with them, due to the nature of their job. Show us the part of the law or the constitution that clearly puts the CS in the non-partisan public officer basket.

Robina,

If you look at the link Omollo shared, you will see something like this

A public officer who -
...
b) publicly indicates support for or opposition against any party, side or candidate participating in an election.
c) engages in political campaigns or other political activity.
...

As an example, if Eugene Wamalwa appears at a jubilee campaign event, and promotes the party, he is in violation.

That is as clear as I can imagine it getting short of naming specific officials and activities.  I believe the constitution makes an exception for the President and his deputy and other elective offices, even though I am not at a good place to pull that information up.

[Omollo]

I posted section 260 of the constitution that designates State Officers. You read it and remarked that all are campaigning and then concluded that because they are all breaking the law, it can't be true.

Welcome to the reality that is Uhuru Kenyatta. He set out to wreck the constitution and he is doing it with reckless abandon. He is encouraging all those around him to join him in desecrating it. He went to state house to wreck the constitution.

But when the time comes, he will mention it a zillion times.

It fails to designate CSs as part of the public officers banned from partisanship. They have been making that argument, and I agree with them, due to the nature of their job. Show us the part of the law or the constitution that clearly puts the CS in the non-partisan public officer basket.

Robina,

If you look at the link Omollo shared, you will see something like this

A public officer who -
...
b) publicly indicates support for or opposition against any party, side or candidate participating in an election.
c) engages in political campaigns or other political activity.
...

As an example, if Eugene Wamalwa appears at a jubilee campaign event, and promotes the party, he is in violation.

That is as clear as I can imagine it getting short of naming specific officials and activities.  I believe the constitution makes an exception for the President and his deputy and other elective offices, even though I am not at a good place to pull that information up.

[Omollo]

Here Uhuru acts to legalize his illegality. Instead of conforming to the law, he seeks to get rid of it. Why not then just go back to MPs becoming ministers?

[Kim Jong-Un's Pajama Pants]

It fails to designate CSs as part of the public officers banned from partisanship. They have been making that argument, and I agree with them, due to the nature of their job. Show us the part of the law or the constitution that clearly puts the CS in the non-partisan public officer basket.

Robina,

If you look at the link Omollo shared, you will see something like this

A public officer who -
...
b) publicly indicates support for or opposition against any party, side or candidate participating in an election.
c) engages in political campaigns or other political activity.
...

As an example, if Eugene Wamalwa appears at a jubilee campaign event, and promotes the party, he is in violation.

That is as clear as I can imagine it getting short of naming specific officials and activities.  I believe the constitution makes an exception for the President and his deputy and other elective offices, even though I am not at a good place to pull that information up.

Legally, there is no doubt they are in violation.  I will show you when I get a chance.  I know for a fact that CSs are not exempt from that rule. 

The nature of the job argument, aside from not making a legal point, is still debatable.  Robert Gates, to pick an example, is a Republican, who served as Defence Secretary for Obama.  At no point was he required or even expected to endorse or promote the Democratic Party of his boss, in the performance of his duties. 

For the Eugene Wamalwas of this world, which part of their work is hindered if they can't campaign for the BOSS?