Pundit Court Rules that Chapter Six applies to elected leaders too

[Nefertiti]

Waititu just need to endorse Babu or at least renounce Ruto and go 'neutral'. Like Wa Iria. I think it's very stupid to hang for Ruto - cause in Gema noone will show sympathy for stealing. Avoid Ruto or be clean as Caesar's wife. I highly doubt the Johos and Sonkos are clean.

Yes the judiciary just made DPP and their bosses very powerful. All governors should be up in arms. Because you never know who will be next.

Yup. This time it's the suspect in a hurry. Nyoro is the principal beneficiary after Waititu trashed their MOU. Politically he is damaged goods for eating local money. What happened to his cabinet meeting? Note how the Kurias are dead silent. The Wa Irias and Muthomi Njukis must be watching - support Ruto at your own peril.

[Nefertiti]

Pastor this was a ruling that binds.

RV Pundit - Waititu is on suspension until 2023


Stay out of office, High Court tells Waititu

Kiambu Governor Ferdinand Ndungu Waititu at the Milimani Law Courts in Nairobi on July 29, 2019, when he was charged over a Sh580 million irregular tender award. PHOTO | DENNIS ONSONGO | NATION MEDIA GROUP

IN SUMMARY
Justice Ngenye Macharia described the governor as "morally ill" while saying he must stay away until the case is determined.

Anti-Corruption Court magistrate Lawrence Mugambi earlier granted Mr Waititu Sh15 million cash bail but imposed tough conditions on the fiery politician and his co-accused.

The High Court upheld Mr Mugambi's ruling on Thursday, justice Macharia saying Deputy Governor James Nyoro and county executive committee members will take charge.

The court dismissed Mr Waititu's application to amend the bail terms - Sh15 million cash bail or Sh30 million bond - that the Anti-Corruption Court issued.

https://mobile.nation.co.ke/news/Stay-out-office-High-Court-tells-Waititu/1950946-5228456-8hx8uoz/index.html

Ms Robina, I still insist this is a bad idea

What's bad about it. ALL thieves should first lose office upon indictment, after damnation lose wealth and go to prison in an ideal world. Still so long as Bau Yao indeed stole county funds I couldn't care less if he was hanged. This is selective justice which is better than total impunity. The fact that Ruto suffers politically is an added bonus.

[vooke]

Pastor this was a ruling that binds.

RV Pundit - Waititu is on suspension until 2023


Stay out of office, High Court tells Waititu

Kiambu Governor Ferdinand Ndungu Waititu at the Milimani Law Courts in Nairobi on July 29, 2019, when he was charged over a Sh580 million irregular tender award. PHOTO | DENNIS ONSONGO | NATION MEDIA GROUP

IN SUMMARY
Justice Ngenye Macharia described the governor as "morally ill" while saying he must stay away until the case is determined.

Anti-Corruption Court magistrate Lawrence Mugambi earlier granted Mr Waititu Sh15 million cash bail but imposed tough conditions on the fiery politician and his co-accused.

The High Court upheld Mr Mugambi's ruling on Thursday, justice Macharia saying Deputy Governor James Nyoro and county executive committee members will take charge.

The court dismissed Mr Waititu's application to amend the bail terms - Sh15 million cash bail or Sh30 million bond - that the Anti-Corruption Court issued.

https://mobile.nation.co.ke/news/Stay-out-office-High-Court-tells-Waititu/1950946-5228456-8hx8uoz/index.html

Ms Robina, I still insist this is a bad idea

What's bad about it. ALL thieves should first lose office upon indictment, after damnation lose wealth and go to prison in an ideal world. Still so long as Bau Yao indeed stole county funds I couldn't care less if he was hanged. This is selective justice which is better than total impunity. The fact that Ruto suffers politically is an added bonus.

Conviction is what separates the guilty from the innocent. Mwilu is still in office

[vooke]

Ms Robina,

On second thought I support Mumbi.

Suspension from office ought to apply to to everyone and not just appointed ninjas. This especially if allegations are related to the very office you was elected to.

The MPigs who passed the ASECA were just trying to cover their asses.

That section should be declared unconstitutional

[RV Pundit]

Stupid reasoning.if Katiba allows a convict on appeal to stand and win office...it cannot suspend the same on suspicion.The bail conditions cannot be carte blanche to impose unconstitutional requirements like suspending a validly elected governor or Mp or Pork.This issue was taken to supreme court when uhuruto were running for office while indicted by ICC.The deputy governor can only hold office on some conditions...none envisaged a suspended governor.

[Nefertiti]

Pastor this was a ruling that binds.

RV Pundit - Waititu is on suspension until 2023


Stay out of office, High Court tells Waititu

Kiambu Governor Ferdinand Ndungu Waititu at the Milimani Law Courts in Nairobi on July 29, 2019, when he was charged over a Sh580 million irregular tender award. PHOTO | DENNIS ONSONGO | NATION MEDIA GROUP

IN SUMMARY
Justice Ngenye Macharia described the governor as "morally ill" while saying he must stay away until the case is determined.

Anti-Corruption Court magistrate Lawrence Mugambi earlier granted Mr Waititu Sh15 million cash bail but imposed tough conditions on the fiery politician and his co-accused.

The High Court upheld Mr Mugambi's ruling on Thursday, justice Macharia saying Deputy Governor James Nyoro and county executive committee members will take charge.

The court dismissed Mr Waititu's application to amend the bail terms - Sh15 million cash bail or Sh30 million bond - that the Anti-Corruption Court issued.

https://mobile.nation.co.ke/news/Stay-out-office-High-Court-tells-Waititu/1950946-5228456-8hx8uoz/index.html

Ms Robina, I still insist this is a bad idea

What's bad about it. ALL thieves should first lose office upon indictment, after damnation lose wealth and go to prison in an ideal world. Still so long as Bau Yao indeed stole county funds I couldn't care less if he was hanged. This is selective justice which is better than total impunity. The fact that Ruto suffers politically is an added bonus.

Conviction is what separates the guilty from the innocent. Mwilu is still in office

I'm waiting to hear what's bad about it? Waititu is also in office but effectively suspended. Noone is saying the suspect is a convict - but public office is not a right nor any greater than the public interest. This is a very laudable trend.

[Nefertiti]

Stupid reasoning.if Katiba allows a convict on appeal to stand and win office...it cannot suspend the same on suspicion.The bail conditions cannot be carte blanche to impose unconstitutional requirements like suspending a validly elected governor or Mp or Pork.This issue was taken to supreme court when uhuruto were running for office while indicted by ICC.The deputy governor can only hold office on some conditions...none envisaged a suspended governor.

That poor trend of allowing genocide suspects to run for office will be revised. The justices have a right to change their minds. As for my reasoning, you are welcome to adore thieves but public office is not a right. It's a privilege that can be suspended upon suspicion. You told us about Ghana century bond... well many countries hold high integrity standards which the courts are quoting at will during these trials. Waititu has good defense - a full professor - if the evidence was not weighty he would wiggle himself loose.

[RV Pundit]

We want corruption fought and won...but we cannot allow suspension of someone elected by 1m to be suspended by some magistrate or some DPP to rush cases so governor can step aside.MCA can impeach Waitutu with even lower threshold. If Ruto became pork now...say Uhuru dies...will you be happy if the shoe was on the other foot.Elected officials can never equal to appointed.never.here.or even in the us.That is why Trump is potus

[Nefertiti]

We want corruption fought and won...but we cannot allow suspension of someone elected by 1m to be suspended by some magistrate or some DPP to rush cases so governor can step aside.MCA can impeach Waitutu with even lower threshold. If Ruto became pork now...say Uhuru dies...will you be happy if the shoe was on the other foot.Elected officials can never equal to appointed.never.here.or even in the us.That is why Trump is potus

Elected officials QUIT upon suspicion of sleaze in many countries. Let alone suspension. We are borrowing those great standards. In any case those same people of Kiambu have a right to justice. Waititu is suspected of robbimg them and cannot be allowed to interfere with witnesses or evidence.

[RV Pundit]

They quit or resign on their volition.Waitutu is elected by nearly 1m kiambu residents and can only be removed as per constitution...if he dies, etc

[Nefertiti]

They quit or resign on their volition.Waitutu is elected by nearly 1m kiambu residents and can only be removed as per constitution...if he dies, etc

Nope. In the west, if the officials don't step aside they are sacked or impeached. Never merely suspended or forgiven. Waititu is LUCKY he has not been removed but suspended. If exonerated he resumes office - assuming Uhuru calls off his hounds in the Kiambu County Assembly. Courts are the final abitor on legal matters. I hope Appeal and SCORK uphold this and vacate the moronic, unjustified, unpatriotic till-proven-guily nonsense of 2012. That is ok for MP or MCA not executive functions. Noone with a pending serious  criminal case should run for office. The standard should be INDICTMENT by a court - only Caesar's wives should run. Wean yourself off the Stockholm syndrome - I know it's hard to view yourself as the victim and not the beneficiary - cause helooo you are a mere taxpayer. Also to tell you a governor or elected official is not superior to a tenured judge - the arms of government are equal. The judge must queue or apply for service; the governor must equally face justice. It is actually worse to be suspected of robbing your people than going insane. Public office is a PRIVILEGE - not a right - I think you confuse the two. I would be concerned if suspects were denied bail without proper reason.

[vooke]

Stupid reasoning.if Katiba allows a convict on appeal to stand and win office...it cannot suspend the same on suspicion.The bail conditions cannot be carte blanche to impose unconstitutional requirements like suspending a validly elected governor or Mp or Pork.This issue was taken to supreme court when uhuruto were running for office while indicted by ICC.The deputy governor can only hold office on some conditions...none envisaged a suspended governor.

[RV Pundit]

You're very wrong. Elected official are superior to appointed officials. You need to read article 1 of constitution to understand that people have the override to elect a sonko, a waitutu, a uhuru and a ruto...all these people were elected with active criminal cases. They cannot be subsequently be suspended for the same.

Please try understand the politics of the constitution. The basic principles.

Nope. In the west, if the officials don't step aside they are sacked or impeached. Never merely suspended or forgiven. Waititu is LUCKY he has not been removed but suspended. If exonerated he resumes office - assuming Uhuru calls off his hounds in the Kiambu County Assembly. Courts are the final abitor on legal matters. I hope Appeal and SCORK uphold this and vacate the moronic, unjustified, unpatriotic till-proven-guily nonsense of 2012. That is ok for MP or MCA not executive functions. Noone with a pending serious  criminal case should run for office. The standard should be INDICTMENT by a court - only Caesar's wives should run. Wean yourself off the Stockholm syndrome - I know it's hard to view yourself as the victim and not the beneficiary - cause helooo you are a mere taxpayer. Also to tell you a governor or elected official is not superior to a tenured judge - the arms of government are equal. The judge must queue or apply for service; the governor must equally face justice. It is actually worse to be suspected of robbing your people than going insane. Public office is a PRIVILEGE - not a right - I think you confuse the two. I would be concerned if suspects were denied bail without proper reason.

[RV Pundit]

I suspect this is beyond your christian brain. Yes judges and magistrate have the power to impose conditions to ensure criminal proceedings against Waitutu do not lead to a mistrial. Those conditions need to balance the fact that Waitutu is innocent till proven guilty and also hold a powerful position & could interfere with witnesses. Those conditions cannot exceed what constitution provide. There is nothing like a suspended president, governor or MP.

Anyway I hope we get 3 bench judges to hear this soon. Otherwise engaging some of you with 2 brain cells is waste of time.

[vooke]

I suspect this is beyond your christian brain. Yes judges and magistrate have the power to impose conditions to ensure criminal proceedings against Waitutu do not lead to a mistrial. Those conditions need to balance the fact that Waitutu is innocent till proven guilty and also hold a powerful position & could interfere with witnesses. Those conditions cannot exceed what constitution provide. There is nothing like a suspended president, governor or MP.

Anyway I hope we get 3 bench judges to hear this soon. Otherwise engaging some of you with 2 brain cells is waste of time.

[vooke]

You're very wrong. Elected official are superior to appointed officials. You need to read article 1 of constitution to understand that people have the override to elect a sonko, a waitutu, a uhuru and a ruto...all these people were elected with active criminal cases. They cannot be subsequently be suspended for the same.

Please try understand the politics of the constitution. The basic principles.

Nope. In the west, if the officials don't step aside they are sacked or impeached. Never merely suspended or forgiven. Waititu is LUCKY he has not been removed but suspended. If exonerated he resumes office - assuming Uhuru calls off his hounds in the Kiambu County Assembly. Courts are the final abitor on legal matters. I hope Appeal and SCORK uphold this and vacate the moronic, unjustified, unpatriotic till-proven-guily nonsense of 2012. That is ok for MP or MCA not executive functions. Noone with a pending serious  criminal case should run for office. The standard should be INDICTMENT by a court - only Caesar's wives should run. Wean yourself off the Stockholm syndrome - I know it's hard to view yourself as the victim and not the beneficiary - cause helooo you are a mere taxpayer. Also to tell you a governor or elected official is not superior to a tenured judge - the arms of government are equal. The judge must queue or apply for service; the governor must equally face justice. It is actually worse to be suspected of robbing your people than going insane. Public office is a PRIVILEGE - not a right - I think you confuse the two. I would be concerned if suspects were denied bail without proper reason.

You are confused. This is not about integrity or chapter 6 but interfering with an ongoing case as well as failure or suspected failure to do what you were elected to do

[Nefertiti]

Well the lower and high courts agree with our 2 cell brains. This is effectively a suspension and Nyoro is running the county. Waititu's professor can suggest to Maraga a 3 judge bench - or wait for Appeal then SCORK. My hope is the constitutional bench or SCORK set a new standard for ALL public office holders with executive functions - PORK is the only one with immunity from prosecution. I know you're scared Ruto could be equally charged and effectively neutered. Don't worry they only want to silence his sinful  disciples.

Vita vya kunguru furaha ya panzi.

I suspect this is beyond your christian brain. Yes judges and magistrate have the power to impose conditions to ensure criminal proceedings against Waitutu do not lead to a mistrial. Those conditions need to balance the fact that Waitutu is innocent till proven guilty and also hold a powerful position & could interfere with witnesses. Those conditions cannot exceed what constitution provide. There is nothing like a suspended president, governor or MP.

Anyway I hope we get 3 bench judges to hear this soon. Otherwise engaging some of you with 2 brain cells is waste of time.

[Nefertiti]

You are confused. This is not about integrity or chapter 6 but interfering with an ongoing case as well as failure or suspected failure to do what you were elected to do.

Yep. The courts have not legally but PRACTICALLY suspended Waititu. Waititu is the de jure governor but Dr Nyoro is the de facto governor. The CECs have ignored Waititu calls to attend a "cabinet meeting" in a basement - they know who is calling the shots.

[RV Pundit]

Constitution is supreme.Declaring the county office a crime scene and the governor suspended is exceeding the constitution provision.The case relate to a particular contractor and can be confined to that.i.Anything else we call it  scope creep in computing.It should be enough to warn Waitutu not to interfere with witness and evidence.If there was evidence he was interfering his bail conditions can be toughten including keeping him jail.There is nothing like suspending a governor.I have no sympathy for Waitutu...he is a thug..but I am afraid what kind of precedent this set against good but independent minded governors who can now be intimidated by DPP and Courts.

[RV Pundit]

Robina, you long lost it.Anything goes for you.The means justify the end.Even if we are not functioning democracy we cannot become cynical.Kichwa mbaya was there before...now he is into anything goes.He even lost faith in democracy.Democracy is very important.Let people choose Barnabas over Vooke Jesus that was unanimously rejected by Jews.But see all the gentiles worship the rejected heretic Jew as their saviour...as the Jews keep waiting for their Messiah.In my opinion for any society cohesion there has to high degree of democracy... people of kiambu elected their thug...he wasn't the only choice.Waitutu is a failure to you...but to them..dealing with drug menace that was ravaging their youths was more important than roads or development.Trump is US pork????????