Maraga can now dissolve parliament.

[RV Pundit]

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https://www.nation.co.ke/dailynation/news/politics/parliament-fails-to-beat-deadline-on-gender-rule-404042

[Nefertiti]

Nope he can't. He can merely advise Uhuru to dissolve it - who of course will ignore any court order.

https://www.nation.co.ke/dailynation/news/politics/parliament-fails-to-beat-deadline-on-gender-rule-404042

[Nefertiti]

It was waste of time to include such clauses as "principles" - without a clear mechanism. It akin to chapter 6. The political class are not interested so it a pipedream.

“If Parliament fails to enact the said legislation within 60 days,” Justice Mativo ruled on March 29, “the petitioners or any other person shall be at liberty to petition the honourable Chief Justice to advise the President to dissolve Parliament.”

[Nefertiti]

Even the JSC nominees - PORK has veto so long as he is "appointing authority" - which makes nonsense of JSC autonomy

Judicial appointments, budget, etc should have nothing to do with the Executive and MPs. Cause even MPigs when they fall out with judiciary they mess the budget. Maraga is crying now after discovering he is so powerless.

[RV Pundit]

Maybe Uhuru goes rogue - and refuses but the law is clear.

(7) If Parliament fails to enact legislation in accordance with an order under clause (6) (b), the Chief Justice shall advise the President to dissolve Parliament and the President shall dissolve Parliament.

[Nefertiti]

Maybe Uhuru goes rogue - and refuses but the law is clear.

(7) If Parliament fails to enact legislation in accordance with an order under clause (6) (b), the Chief Justice shall advise the President to dissolve Parliament and the President shall dissolve Parliament.

Yup - this was meant as a caveat against Parliament going rogue - but now they are in cahoots with PORK. Here there is not even camps like BBI - noone will say a word. MPs basically don't want to dilute their numbers cause the ground doesn't want more "burden". Not even Wanjiku backs this one. It more realism than sexism or greed.

[Kadudu]

Btw, did Maraga get his Mercedes S-Class?

[Garliv]

Am with you Robina on this one. That clause cannot enforced but at the goodwill of the President. And if the President doesn't dissolve the parliament the only recourse is to impeach him. And which MP or Senator would impeach President for failure to dissolve their workstations?

Having said that, Kenya we are truly back to Baba na Mama. Uhuru has gone rogue and mad. He's like the Mad King.

Maybe Uhuru goes rogue - and refuses but the law is clear.

(7) If Parliament fails to enact legislation in accordance with an order under clause (6) (b), the Chief Justice shall advise the President to dissolve Parliament and the President shall dissolve Parliament.

Yup - this was meant as a caveat against Parliament going rogue - but now they are in cahoots with PORK. Here there is not even camps like BBI - noone will say a word. MPs basically don't want to dilute their numbers cause the ground doesn't want more "burden". Not even Wanjiku backs this one. It more realism than sexism or greed.

[RV Pundit]

Maraga will do it. He is stubborn SDA kick. SDA are stubborn - but if you include his Gussinees then he is going rogue before he retires.

[Garliv]

I personally believe the President should have a veto. And JSC should forward list of candidates from which the President may chose one or two for appointment.
That is why I do not support interpretation that has been pronounced by Court that the President has no choice but to appoint whoever JSC forward. That to me beats the purpose of having President to appoint Judges. It's either the Presidency is the appointing authority or the JSC does all the work without President involvement.

Right now though, the Courts have pronounced that President signature is ceremonial. Not sure how the issue may be resolved soon especially to those already names forwarded by JSC. Long lasting Solution is to amend some sections of the constitution and those would not need a referendum.   

Even the JSC nominees - PORK has veto so long as he is "appointing authority" - which makes nonsense of JSC autonomy

Judicial appointments, budget, etc should have nothing to do with the Executive and MPs. Cause even MPigs when they fall out with judiciary they mess the budget. Maraga is crying now after discovering he is so powerless.

[RV Pundit]

But the president appoints some members of JSC. If we allow a rogue president to veto - then Judicial independence will go out of the window. But in any case what procedure of rejection of a name?

I personally believe the President should have a veto. And JSC should forward list of candidates from which the President may chose one or two for appointment.
That is why I do not support interpretation that has been pronounced by Court that the President has no choice but to appoint whoever JSC forward. That to me beats the purpose of having President to appoint Judges. It's either the Presidency is the appointing authority or the JSC does all the work without President involvement.

Right now though, the Courts have pronounced that President signature is ceremonial. Not sure how the issue may be resolved soon especially to those already names forwarded by JSC. Long lasting Solution is to amend some sections of the constitution and those would not need a referendum.   

Even the JSC nominees - PORK has veto so long as he is "appointing authority" - which makes nonsense of JSC autonomy

Judicial appointments, budget, etc should have nothing to do with the Executive and MPs. Cause even MPigs when they fall out with judiciary they mess the budget. Maraga is crying now after discovering he is so powerless.

[Garliv]

I personally prefer where the President appoints, then JSC vet/interview and can veto President's choice. Alternatively, JSC should forward at least 3 names to be considered to fill a position. So the President can pick one from that list.
The other option is have JSC vet/interview/appoints without involvement of the Presidency.

The current setting is a bit ridiculous and contradictory. It is not reasonable to say the President appoints Judges BUT in reality tie President's hands by stating that he shall just rubberstamp whatever JSC brings to him. We are a Presidential system where if the President has to do something he has power/authority to do it not just to rubber stamp. 

But the president appoints some members of JSC. If we allow a rogue president to veto - then Judicial independence will go out of the window. But in any case what procedure of rejection of a name?

I personally believe the President should have a veto. And JSC should forward list of candidates from which the President may chose one or two for appointment.
That is why I do not support interpretation that has been pronounced by Court that the President has no choice but to appoint whoever JSC forward. That to me beats the purpose of having President to appoint Judges. It's either the Presidency is the appointing authority or the JSC does all the work without President involvement.

Right now though, the Courts have pronounced that President signature is ceremonial. Not sure how the issue may be resolved soon especially to those already names forwarded by JSC. Long lasting Solution is to amend some sections of the constitution and those would not need a referendum.   

Even the JSC nominees - PORK has veto so long as he is "appointing authority" - which makes nonsense of JSC autonomy

Judicial appointments, budget, etc should have nothing to do with the Executive and MPs. Cause even MPigs when they fall out with judiciary they mess the budget. Maraga is crying now after discovering he is so powerless.

[Njuri Ncheke]

 The most entertaining bit will be when kasweetie waiguru take impeachment case to the courts. The addict wanjohi does not think properly bhangi na pombe imearibu kichwa. Maraga will teach him lessons.

[gout]

JSC was formed to stop the nonsense Uhuru is trying. The appointment of judges is the straw to break the camel; no wonder Uhuru has dug in for so long. Once Maraga (could be only one resisting at JSC/judiciary) gives in, he will be kicked out with shame.  Maraga should stay up to the test; his non confrontational mien has taken him thus far and the 2017 decision proved the militancy behind the diplomacy.  Many were expecting Mutunga to annul the 2013, wapi, Maraga did it even after Uhuru and Ruto had run out ICC out of town and were about to dislodge it from the Hague

[Nefertiti]

This is the right option - PORK has 3 reps in JSC. They should simply be sworn in by CJ. The swearing-in role is as head of state - which is nonsense when PORK is also head of GoK. It like Uhuru swearing in MPs.

Judiciary budget should also be protected at say at least 1% of revenues. It automatically gets allocated without need for Treasury and Parliamentary approval. Only Auditor General should be allowed to inspect the spending.

I personally prefer where the President appoints, then JSC vet/interview and can veto President's choice. Alternatively, JSC should forward at least 3 names to be considered to fill a position. So the President can pick one from that list.
The other option is have JSC vet/interview/appoints without involvement of the Presidency.

The current setting is a bit ridiculous and contradictory. It is not reasonable to say the President appoints Judges BUT in reality tie President's hands by stating that he shall just rubberstamp whatever JSC brings to him. We are a Presidential system where if the President has to do something he has power/authority to do it not just to rubber stamp. 

[Kadudu]

You are going too far. Maraga sits in the Supreme Court. Waiguru's case at best will be heard by a judge of the High Court. Also the Kirinyaga Kanjoras made a big blunder by defying a court order. So the case will be decided for Waiguru on the first hearing.

The most entertaining bit will be when kasweetie waiguru take impeachment case to the courts. The addict wanjohi does not think properly bhangi na pombe imearibu kichwa. Maraga will teach him lessons.

[Kadudu]

Uhuru filled the JSC with his henchmen. Looking at the list of present commissioners, 5 out tof the 11 will surely vote for what Uhuru stands for at the moment. Uhuru just needs to "persuade" one commissioner and then he has the majority. Not good for country like Kenya.
How did a person like Prof. Olive Mugenda make it to such a panel? She left KU in a big financial mess and today she is labelled in the local press as a billionaire. A person who spent her entire life in public service teaching in public universities is today a Ksh billionaire?

JSC was formed to stop the nonsense Uhuru is trying. The appointment of judges is the straw to break the camel; no wonder Uhuru has dug in for so long. Once Maraga (could be only one resisting at JSC/judiciary) gives in, he will be kicked out with shame.  Maraga should stay up to the test; his non confrontational mien has taken him thus far and the 2017 decision proved the militancy behind the diplomacy.  Many were expecting Mutunga to annul the 2013, wapi, Maraga did it even after Uhuru and Ruto had run out ICC out of town and were about to dislodge it from the Hague

[gout]

I like Mugenda for infrastructural delivery. All our public institutions need an infrastructural uplift akin to the KU miracle she delivered no matter the cost- we are paying for shitty SGR -500 billion only to serve a few billionaire importers, why not build cheap houses, roads,sewerage, dams, schools, dispensaries, cattle dips with Chinese trillions which will now dry up up with corona. Heck, she even delivered KU Referral Hospital which is being operationalized with Covid. That she found her place in JSC instead of CS for Infrastructure just shows Ruto and Wanjohi inability to think or just proof their ability to think of tenders delivery.

Her meteoric rise must have drove her hapless husband to suicide!

Uhuru filled the JSC with his henchmen. Looking at the list of present commissioners, 5 out tof the 11 will surely vote for what Uhuru stands for at the moment. Uhuru just needs to "persuade" one commissioner and then he has the majority. Not good for country like Kenya.
How did a person like Prof. Olive Mugenda make it to such a panel? She left KU in a big financial mess and today she is labelled in the local press as a billionaire. A person who spent her entire life in public service teaching in public universities is today a Ksh billionaire?

JSC was formed to stop the nonsense Uhuru is trying. The appointment of judges is the straw to break the camel; no wonder Uhuru has dug in for so long. Once Maraga (could be only one resisting at JSC/judiciary) gives in, he will be kicked out with shame.  Maraga should stay up to the test; his non confrontational mien has taken him thus far and the 2017 decision proved the militancy behind the diplomacy.  Many were expecting Mutunga to annul the 2013, wapi, Maraga did it even after Uhuru and Ruto had run out ICC out of town and were about to dislodge it from the Hague