There is no way "with necessary modifications" can mean shortening of time period. Even a 2nd year law student won't go that far. Necessary modification means where it refers to Governor-elect it can also refer to Deputy Governor or County Secretary. Or where it state him it can also refer to her. Where it says "duly elected" it can refer to a "court order declaring so and so as governor.."
To support this one has to bear in mind why elaborate procedures to swear in President and Governors were adopted in the constitution. It was to PREVENT NIGHT SWEARING like what ODM accused Kibaki of doing in 2097/08. Therefore no one can honestly and with intellectual acuity claim "necessary modification" means shortening of time period. It doesn't.
But those in legal fraternity knows the pressure to bear that was heaped on the Judiciary to expedite Nyoro swearing in. Indeed had we been under previous constitution Justice Onyiego would have been sacked or suspended by 1pm yesterday. Therefore his interpretation to mean "lessening of time period" is due to purely pressure. Even consider that Senate was finalising voting by 9pm and yet by early morning Judiciary and Senate and Government Printers had finalised all procedures and nitty gritties of swearing in. Right now the new Kenya is expediting harassing anyone who oppose the system. Tomorrow someone else will be in power and use similar methods.
Yes. Waititu is not a nice fella. But fidelity to law and procedures should not be determined by who we like and who we dislike. We all know he's fighting a losing battle but at least let it run its course in a civilised manner. Already the court declined to give orders/injunction stopping swearing in which says all needs to be said.
They are within the law. Read the Justice Onyiego take on the 10days as applies to the swearing in of a Deputy Governor. The period is subject to "necessary modification." It was a technicality - meaning the one day delay has no material effect. The high court already refused to block the swearing in.
Thanks for the compliments...those are small small technical/semantic things you are worried about. we need to see Waitititu hauled to jail and his
properties auctioned to recover stolen funds. anything short of that is not good enough.
Very noble of you. You fight corruption by corrupting the law. What else can go wrong?
What do you mean it "is technicalities" only? It's the law. In an Act of Parliament. And there is a period of 10th day...
But then while BBI build its bridges law no longer matter. Someone wants Waititu gone asap come rain come sunshine such that even following laid down laws/procedures becomes cumbersome.
my friend we are tired, like tayad of baby sitting thieves. aint you mad bro of this daylight robbery by Waititu and his clan?
we need to know whe Waititu will refund the money he stole.
So it was technicalities.
Swearing in to proceed tomorrow
