Pundit Court Rules that Chapter Six applies to elected leaders too

[Higgins the genius]

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Moses Lenolkulal v DPP

Section 62 (6) of ACECA is unconstitutional.

Governors may be suspended or restricted from being in office after Corruption Charges.

[RV Pundit]

that some crazy court.is it 3 bench or some crazy odunga

[Higgins the genius]

https://www.the-star.co.ke/news/2019-07-25-charged-governors-should-step-aside-judge-rules/

[RV Pundit]

Dangerous rulling in a democracy. I think elected leaders can only be removed (suspended is nonsense) from office as per constitution. And that is through MCA voting governor out.

[Nefertiti]

They should be suspended from their executive functions - cause obviously that interferes with evidence - office docs, witnesses, etc - when witnesses are county staff. Executive power can be abused. Obado should be suspended. Deputy governor or speaker can act. MPs and MCAs cannot be suspended but have to keep away from CDF office or such when it part of the case. Unlike Rotich and Thugge who are history, only if governor get convicted does he lose the seat, if cleared he go back full-time.

You have to balance the two public interests - justice esp from theft of public money - and mandate given to official. Suspension is a middle ground.

[Kichwa]

chapter six is the best way to protect our democracy from corrupt officials who steal a lot of money then use it to buy votes claiming democracy.  In a true democracy, NO money, stolen or otherwise, should  be used to unduly influence voters. The power to bar thieves from running for office and the power to reposes the stolen money combined with jail term are the best tools to fight and deter the addiction to corruption by government officials. 

[Nefertiti]

Waititu barred from office - magistrate upholds High Court ruling on Chapter Six.

Kiambu Governor Ferdinand Waititu was on Tuesday granted Sh15 million bail in the case involving a Sh588 million illegal roads tender.

Magistrate Lawrence Mugambi also barred him from accessing his county office.

He agreed with a decision rendered by judge Mumbi Ngugi last Friday following Samburu Governor Moses Lenolkulal's bid to be allowed to access his office.

Ngugi ruled a governor implicated in a criminal case should not be allowed to access his/her office.

Mugambi said, "I find Mumbi's decision more persuasive and authoritative and consider it as binding to this court."

"Barring Waitutu doesn't violate the Constitution, but it will ensure public interest is safeguarded."

https://www.the-star.co.ke/news/2019-07-30-waititu-granted-sh15m-bail-in-illegal-tender-case-barred-from-accessing-his-county-office/

[Dear Mami]

I find it really funny the language the paper is using: that a magistrate 'upheld' a High Court ruling, yawa. Isokei, we know what the paper means. Just couldn't resist a little dig. Anyway, I hope this law is not applied selectively. If it's fair, I have a feeling a great majority of active politicians, in or out of some current office, will be ineligible for any public office.

[RV Pundit]

There is nothing like middle ground.What ought to happen is for MCAs to impeach the governor as soon as he faces trial or nothing get done. Otherwise overriding the decision of 1M kiambu residence and suspending their governor is judiciary usurping the executive power.

[Nefertiti]

Nope. The judiciary can declare a position vacant - as in South Korea and other democracies. To save the 1M people you pretend to care about from being robbed to the bone. I wish Kenyan judges had the guts to outrightly strip indicted criminals of the job. Deputy can carry on the job until the next elections. Barring access to office is not good enough for me.

There is nothing like middle ground.What ought to happen is for MCAs to impeach the governor as soon as he faces trial or nothing get done. Otherwise overriding the decision of 1M kiambu residence and suspending their governor is judiciary usurping the executive power.

[RV Pundit]

I though were talking about innocent suspect facing trial. When did you convict them? Kiambu people loved their thug - they made him a governor. He has been busy working for them - fixing the alcoholism problem. They deserve him - in their wisdom - every day - innocent Waitutu is blocked from his office - justice denied to his people.

I am sure judiciary can work on bail conditions that don't include suspending governor from his job. A political job. If I was waitutu - I would simply open another office - and continue working. As a governor he can even work from home - like Sonko does in his Machakos abode.

Nope. The judiciary can declare a position vacant - as in South Korea and other democracies. To save the 1M people you pretend to care about from being robbed to the bone. I wish Kenyan judges had the guts to outrightly strip indicted criminals of the job. Deputy can carry on the job until the next elections. Barring access to office is not good enough for me.

[vooke]

[Nefertiti]

Rotich and Thugge are equally innocent until proven guilty which may take years all the way to SCORK. The people of Kiambu voted deputy governor and MCA (speaker) to carry on incase governor die, go crazy, bankrupt or well get indicted. Those same people deserve protection from theft and a fair chance at justice by barring county CEO from interfering with case. If suspension as middleground is not possible they should outrightly lose the seat like CS's. In South Korea, once president is indicted, she is suspended until full hearing. Prime Minister act as president until president is exonerated or condemned by court. Suspension is a legal status with many precedents in the Commonwealth.

'Office' obviously include executive actions like promoting, demoting, transferring potential witnesses. If say his PA or county executive is witness, contacting them is interference. Touching or moving office documents is interference as any of those could be evidence after investigation. So you see he effectively is SUSPENDED from the office of governor. He is thus indisposed (similar to long illness or travel) and deputy governor AUTOMATICALLY takes over without need for county assembly approval.

Note here: suspension is better than dismissal because if exonerated before elections he resumes office. If condemned he loses the seat and gets barred from running again.

Aside, I do wonder whether you pay taxes and why you cut these thugs so much slack. Unless you're immediately related to a top politician there is no logical reason to side with brazen looting of public coffers. It is literally direct armed robbery of your income. Noone asks for your Ok before slashing 30% of your paycheck, 35% of your profits, 16% VAT, fuel & road levy - the whole shebang. 60% of your income is taxed  then you're here cheering thieves.

I though were talking about innocent suspect facing trial. When did you convict them? Kiambu people loved their thug - they made him a governor. He has been busy working for them - fixing the alcoholism problem. They deserve him - in their wisdom - every day - innocent Waitutu is blocked from his office - justice denied to his people.

I am sure judiciary can work on bail conditions that don't include suspending governor from his job. A political job. If I was waitutu - I would simply open another office - and continue working. As a governor he can even work from home - like Sonko does in his Machakos abode.

Nope. The judiciary can declare a position vacant - as in South Korea and other democracies. To save the 1M people you pretend to care about from being robbed to the bone. I wish Kenyan judges had the guts to outrightly strip indicted criminals of the job. Deputy can carry on the job until the next elections. Barring access to office is not good enough for me.

[Nefertiti]

I fear this ruling could set a precedent for witch-hunting. The target governors rep continue earning a salary but they are politically obliterated as some of these cases could run all the way to the 2022 and they lose the privilege of launching cattle dips

Simple: avoid sleaze in the same manner and caution as HIV.  If you wish to earn a hefty income, join the corporate world or private business. What you fail to note is that it's entirely voluntary to run for public office. If the risk or headache of witch-hunt is too high they are welcome to step aside. It's not a right or even a calling to be a governor.

[vooke]

Rotich and Thugge are equally innocent until proven guilty which may take years all the way to SCORK. The people of Kiambu voted deputy governor and MCA (speaker) to carry on incase governor die, go crazy, bankrupt or well get indicted. Those same people deserve protection from theft and a fair chance at justice by barring county CEO from interfering with case. If suspension as middleground is not possible they should outrightly lose the seat like CS's. In South Korea, once president is indicted, she is suspended until full hearing. Prime Minister act as president until president is exonerated or condemned by court. Suspension is a legal status with many precedents in the Commonwealth.

'Office' obviously include executive actions like promoting, demoting, transferring potential witnesses. If say his PA or county executive is witness, contacting them is interference. Touching or moving office documents is interference as any of those could be evidence after investigation. So you see he effectively is SUSPENDED from the office of governor. He is thus indisposed (similar to long illness or travel) and deputy governor AUTOMATICALLY takes over without need for county assembly approval.

Note here: suspension is better than dismissal because if exonerated before elections he resumes office. If condemned he loses the seat and gets barred from running again.

Aside, I do wonder whether you pay taxes and why you cut these thugs so much slack. Unless you're immediately related to a top politician there is no logical reason to side with brazen looting of public coffers. It is literally direct armed robbery of your income. Noone asks for your Ok before slashing 30% of your paycheck, 35% of your profits, 16% VAT, fuel & road levy - the whole shebang. 60% of your income is taxed  then you're here cheering thieves.

I though were talking about innocent suspect facing trial. When did you convict them? Kiambu people loved their thug - they made him a governor. He has been busy working for them - fixing the alcoholism problem. They deserve him - in their wisdom - every day - innocent Waitutu is blocked from his office - justice denied to his people.

I am sure judiciary can work on bail conditions that don't include suspending governor from his job. A political job. If I was waitutu - I would simply open another office - and continue working. As a governor he can even work from home - like Sonko does in his Machakos abode.

Nope. The judiciary can declare a position vacant - as in South Korea and other democracies. To save the 1M people you pretend to care about from being robbed to the bone. I wish Kenyan judges had the guts to outrightly strip indicted criminals of the job. Deputy can carry on the job until the next elections. Barring access to office is not good enough for me.

Please Ms Robina don't take this personal. Baba Yao is a thug but the ruling is not as clear. Watch this:

[vooke]

I fear this ruling could set a precedent for witch-hunting. The target governors rep continue earning a salary but they are politically obliterated as some of these cases could run all the way to the 2022 and they lose the privilege of launching cattle dips

Simple: avoid sleaze in the same manner and caution as HIV.  If you wish to earn a hefty income, join the corporate world or private business. What you fail to note is that it's entirely voluntary to run for public office. If the risk or headache of witch-hunt is too high they are welcome to step aside. It's not a right or even a calling to be a governor.

The risk is not on the elected officials but subverting democracy through the courts

[RV Pundit]

I believe in democracy. I believe judiciary should balance the interest of DPP and the suspect. I believe judiciary can work out reasonable bail conditions that are NOT unconstitutional. The constitution provide grounds for removal governor. It doesn't included being tried in court.

Reasonable bail conditions - are specific to the case. This is a specific case about some contractor paying Waitutu money as kickbacks. The witnesses by now are known, the specifics of the case (tender or procurement committee) are known and the case scope cannot be that wide to preclude the governor from stepping in Kiambu. So a judge can issue specific orders to avoid witness & evidence interference without tampering with constitutional.

This stupid rulling grants DPP & anybody who ran it incredible powers to basically overturn the people mandate. Now all DPP needs is case against a governor - and voila - they are suspended - and knowing the pace of our prosecution - they are suspended forever. And when they proven innocent - there is no recourse - the judiciary cannot order governor to extend his term.

As regard for appointed officials - nobody elected them - they better be good. Article 1 of constitution clears say the PEOPLE are supreme - and that means elected officials enjoys that supremacy.

The rest of what you wrote is emotional BS.

My prayer is this heard by the constitutional bench of 3-5 judges because it definitely raises weighty issues....an attempt by DPP & Judiciary to usurp executive power. The potential for abuse is huge. It will be a mockery of democracy - if we go to great length to elect great governors like our dead Joyce Laboso - and she doesn't get to serve - because some prosecutor brings a case against her.

Rotich and Thugge are equally innocent until proven guilty which may take years all the way to SCORK. The people of Kiambu voted deputy governor and MCA (speaker) to carry on incase governor die, go crazy, bankrupt or well get indicted. Those same people deserve protection from theft and a fair chance at justice by barring county CEO from interfering with case. If suspension as middleground is not possible they should outrightly lose the seat like CS's. In South Korea, once president is indicted, she is suspended until full hearing. Prime Minister act as president until president is exonerated or condemned by court. Suspension is a legal status with many precedents in the Commonwealth.

'Office' obviously include executive actions like promoting, demoting, transferring potential witnesses. If say his PA or county executive is witness, contacting them is interference. Touching or moving office documents is interference as any of those could be evidence after investigation. So you see he effectively is SUSPENDED from the office of governor. He is thus indisposed (similar to long illness or travel) and deputy governor AUTOMATICALLY takes over without need for county assembly approval.

Note here: suspension is better than dismissal because if exonerated before elections he resumes office. If condemned he loses the seat and gets barred from running again.

Aside, I do wonder whether you pay taxes and why you cut these thugs so much slack. Unless you're immediately related to a top politician there is no logical reason to side with brazen looting of public coffers. It is literally direct armed robbery of your income. Noone asks for your Ok before slashing 30% of your paycheck, 35% of your profits, 16% VAT, fuel & road levy - the whole shebang. 60% of your income is taxed  then you're here cheering thieves.

I though were talking about innocent suspect facing trial. When did you convict them? Kiambu people loved their thug - they made him a governor. He has been busy working for them - fixing the alcoholism problem. They deserve him - in their wisdom - every day - innocent Waitutu is blocked from his office - justice denied to his people.

I am sure judiciary can work on bail conditions that don't include suspending governor from his job. A political job. If I was waitutu - I would simply open another office - and continue working. As a governor he can even work from home - like Sonko does in his Machakos abode.

Nope. The judiciary can declare a position vacant - as in South Korea and other democracies. To save the 1M people you pretend to care about from being robbed to the bone. I wish Kenyan judges had the guts to outrightly strip indicted criminals of the job. Deputy can carry on the job until the next elections. Barring access to office is not good enough for me.

[Nefertiti]

Please Ms Robina don't take this personal. Baba Yao is a thug but the ruling is not as clear. Watch this:

Pastor I did watch that. That's just interpretation and the lady lawyer in the clip says the governor is suspended. In the meantime the DG Dr James Nyoro is acting governor... until Babu Yao gets a judicial reprieve - which DPP will counter-appeal all the way to SCORK - around 2023.

[Nefertiti]

RV Pundit the machiavellian or is it the realist - Nyoro is already Ag Governor of Kiambu County - de facto. It Babu Yao who must run to court to explain how he is still managing the county from Milimani Law Court Kiambu MCAs are already moving to impeach Waititu and his camp - speaker Ndicho, etc - after they already dethroned Waititu crew from Majority Leader and Whip. The reality is that Waititu was VERY STUPID to side with Ruto in Kiambu. This of course embolden the renegade Nyoro and MCAs who have tacit Uhuru backing. Sonko saw this mistake and quickly course-corrected - now he praise Uhuru every morning, noon and night. This is Kenya and PORK and his machinery are still largely unaccountable and wield impunity literally. While am very happy about looters of all shades being hanged from the trees and in the streets no matter the motives of GoK - the impunity and selective justice is not lost on me. Ironically, when I show you how the Executive is effectively held to account in the UK, Germany, Israel and other parliamentary democracies - you vehemently oppose this with the narrow view of a Ruto presidency. PORK needs to be made more accountable from what it is presently - this saga is fresh live proof of my accountability argument.

[RV Pundit]

I am okay with politics of it. Nyoro had MOU with Waitutu that he discarded. I am not sure how Ruto is responsible for Waitutu trying to run roughshod over Kiambu. So if he is unpopular with MCA - he will be impeached - but Ruto will save him in the senate.

Uhuru is going home. Until that changes - he will become more and more lame-duck.

RV Pundit the machiavellian or is it the realist - Nyoro is already Ag Governor of Kiambu County - de facto. It Babu Yao who must run to court to explain how he is still managing the county from Milimani Law Court Kiambu MCAs are already moving to impeach Waititu and his camp - speaker Ndicho, etc - after they already dethroned Waititu crew from Majority Leader and Whip. The reality is that Waititu was VERY STUPID to side with Ruto in Kiambu. This of course embolden the renegade Nyoro and MCAs who have tacit Uhuru backing. Sonko saw this mistake and quickly course-corrected - now he praise Uhuru every morning, noon and night. This is Kenya and PORK and his machinery are still largely unaccountable and wield impunity literally. While am very happy about looters of all shades being hanged from the trees and in the streets no matter the motives of GoK - the impunity and selective justice is not lost on me. Ironically, when I show you how the Executive is effectively held to account in the UK, Germany, Israel and other parliamentary democracies - you vehemently oppose this with the narrow view of a Ruto presidency. PORK needs to be made more accountable from what it is presently - this saga is fresh live proof of more accountability argument.