Author Topic: Why BBI has ONLY 360 MPs and no more  (Read 6494 times)

Offline Nefertiti

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Why BBI has ONLY 360 MPs and no more
« on: December 03, 2020, 03:11:36 PM »
The gender question: Why BBI has ONLY 360 MPs and no more

On my second skim i see absolutely no fault in BBI. Ruto himself says it addresses all major "hustler" issues - GMR, youths, SMEs, HELB, name it. Hybrid was in Bomas and CoE so it disingenuous to pretend it's an invention. Further it was a key contribution of most presented memos to BBI. Senate has more powers. Judicial Ombudsman already exists under DCJ and wil now be non-voting member of JSC who only gives recommendations that JSC can ignore. Ombudsman cannot review judge or tribunal rulings. S/he must present annual report to parliament (not to PORK  8)) and this ensures JSC does not sweep the reports under the carpet. This is accountability 101. Pundit and Ruto have been spreading lies and mistruths about this office.

GMR is enabled by 35% in fact - not 11A voodoo as misrepresented by Ruto is his desperate search for a panya route to yes. GMR is agriculture- which is devolved- so it is misleading to say that parliament will pass Sugarcane,  Korogosho or Mama Mboga act to ensure good prices. That will be done by county assemblies - because prices are very localized. Fish is Kisumu, potatoes in Nyandarua, sugar in Kakamega, beef in Marsabit, etc.

Parliament will pass SME laws to realize the mandate and aspirations of the youth commission. NYC members while selected by PORK will be vettee by the Senate because youth affairs straddle the national and devolved levels.

In short there is no need to spin long stories about the goods in BBI. It plain as day.

Now the issue in contention: MP headcount. 2/3 is already in CoK 2010 and there have been court orders culminating in the Maraga advisory. The gender bill has floped 10X in parliament and it is delusional to pretend new elections would produce a solution. The bills that flopped were from FIDA, gender commission, NGOs, Karuas, kewopa - and were in fact published and publicly pushed and lobbied by Duale, Washiali, Gladys Boss Shollei, William Ruto, Raila Odinga, Uhuru Kenyatta. Nyinyi watu wa katikati wacheni unafiki na fitina jameni.

Isitoshe: BBI is a BIG IMPROVEMENT and innovative solution to the gender conundrum. How so?


BBI GENDER INNOVATION
  • The senate is a federal body with an equal representation of big and small counties. So it is sensible to have an equal number of women through 50-50 parity
  • Party primaries will include at least 1/3 women
  • Nominated women will prefer losing female candidates by votes attained. This is a real winner as it discourages freeloading by Paretos and Zanis. It is not enough to be Raila's girlfriend or ODM sec gen to be nominated but Agnes Zani must vie for election and lose narrowly to be nominated
  • Party funds will have gender as a metric to further motivate parties to prioritize women affairs

Looking wholly at this BBI proposition we see not only does it address the present bad situation, but it further averts the Maraga-advisory constitutional crisis, and most importantly it entrenches gender inclusion in not just parliament, political parties but in the entire national discourse.

Objectively, with these 4 strong agenda, if BBI is passed the next parliament of Kenya is likely to have 30% women such that only PWDs and ethnic minorities will need to be nominated. With 50% female senators we are in fact likely to require few or no gender top-ups at all.

This is the truth Dr Ruto and the Nay brigade will not level with the country. For their dither and faux narrative is not for any genuine reason but selfish political brinkmanship.

BBI = 360 MPs, 94 sentators, 4 PWD, 2 youth, 460 total
CoK 2010 Status quo = crisis as next parliament would be automatically unconstitutional


Note
A. the present CoK 2010 parliament already has 417 members WITHOUT addressing gender equity.

B. Additionally you have an entire 50+ cabinet outside of parliament.

C. BBI strengthens SRC mandate to rein in MP and public service salaries.

Ergo BBI actually REDUCES the number of MPs and alleviates the burden on the taxpayer.
♫♫ They say all good boys go to heaven... but bad boys bring heaven to you ~ song by Julia Michaels

Offline RV Pundit

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Re: Why BBI has ONLY 360 MPs and no more
« Reply #1 on: December 03, 2020, 04:19:51 PM »
Send this nonsense to BBI secretariat. They are desperate for this.

1) Ombusdman exist yes under DCJ - but why is president appointing and the senate approving.  Remove executive appointing. He who appoints calls the tune.  We want INDEPENDENT judiciary. Let  JSC be fully in charge of judiciary. Uhuru has 3 representative there..AG and two civilians.

JSC should appoint the ombusdman.

Uhuru has is own Ombusdman - let him work on that first - before poking his fingers on judiciary. The executive has more complains than any arm of gov.

2) Status of gender parity is 22% for parliament and I think 28% for senate. We don't need an overkill. We need a little tweaking. We cannot sustain 180 nominated MPs. Those nominated Mps will weaken parliament - 1 in every 3 mps will be a nominated woman.

Two elected senators also present problems because voting by delegates is corner stone of devolution. Also what fate of those nominated senators? Will they exist?

Best way forward -  start with 12 nominated Mps - why is Kamande a nominated MP? - make them all women - that should move us at least 3% to 25% gender parity.

Then worry about remaining 5%! But BBI is proposing potentially 180MPS.



Offline RV Pundit

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Re: Why BBI has ONLY 360 MPs and no more
« Reply #2 on: December 03, 2020, 05:01:52 PM »
I think most importantly let discuss the process. Give us YES/NO referendum on each of these issues.

And this debate will end. There will be no divisive referendum
.
There will be issue based referendum.

People will go to the ballot and pick what they want.

And that is how referendum is done worldwide. SINGLE ISSUES. You don't lump together 78 different issues and force people to vote Yes or No.

And then because NOBODY is going to die for lack of the referendum - do it with election - we already have expensive election - and max of 500 votes. Let them finish electing candidates - move to referendum - pick his Yes and Nos.

Offline Nefertiti

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Re: Why BBI has ONLY 360 MPs and no more
« Reply #3 on: December 03, 2020, 10:02:28 PM »
Well Mister Watermelon - as usual your jaundiced views are welcome.


Send this nonsense to BBI secretariat. They are desperate for this.

1) Ombusdman exist yes under DCJ - but why is president appointing and the senate approving.  Remove executive appointing. He who appoints calls the tune.  We want INDEPENDENT judiciary. Let  JSC be fully in charge of judiciary. Uhuru has 3 representative there..AG and two civilians.

JSC should appoint the ombusdman.

Uhuru has is own Ombusdman - let him work on that first - before poking his fingers on judiciary. The executive has more complains than any arm of gov.
Present JSC as constituted does not have accountability because it is answerable to itself. Why can't we allow PORK or CS to account only to themselves or wait for the elections - instead we have recall, impeachment, censure, whatnot. Ombudsman selected by PORK and vetted by the senate is the necessary and proper principle of checks & balances. Welcome to democracy.

Maybe you can tell us - is the present judiciary and/or JSC accountable? To who?




2) Status of gender parity is 22% for parliament and I think 28% for senate. We don't need an overkill. We need a little tweaking. We cannot sustain 180 nominated MPs. Those nominated Mps will weaken parliament - 1 in every 3 mps will be a nominated woman.

Two elected senators also present problems because voting by delegates is corner stone of devolution. Also what fate of those nominated senators? Will they exist?

Best way forward -  start with 12 nominated Mps - why is Kamande a nominated MP? - make them all women - that should move us at least 3% to 25% gender parity.

Then worry about remaining 5%! But BBI is proposing potentially 180MPS.
This is incoherent rambling. Where exactly in BBI will there be 180 nominated MPs?? The 4 points I raise literally resurrect the Nyachae CIC draft Elections Bill 2012 that was torpedoed by [male] MPs. I recall Martha Karua shouting herself hoarse to no avail. The Nyachae CIC draft bill proposed enforcing 1/3 at party primaries. Under BBI formula you will actually end up with 30%+ female MPs due to the equity legal mandate, checks/enforcement by IEBC, carrots/penalty by party funds.

"But, Robina, why can't ALL 12 6 special interest MPs be women?"

Well that is counterintuitive and in fact sexist. Because male cripples may have separate or uniquely engendered issues that a female PWD MP would not properly represent. This same argument holds for the youth, ethnic minorities, workers and other special interest groups. Imagine we are saying that universally elected male MPs do not effectively represent the women who voted them in - oh how pretentious of us to turn a blind eye only a few clauses down that very road!

Senate... what is the importance of voting by county delegation? That process was introduced in CoK 2010 to accommodate nominated senators - because some counties obviously have more than one senator e.g. Nairobi has Sakaja and Milly Omanga - while say Homa Bay has only Moses Kajwang. Ending senatorial nominations eliminates the delegation process. There will be NO nominated senators under BBI.

"Wait, so we won't have youth, PWDs and minorities nominated into the Senate??"

Right - there will only be 50-50 gender parity and other interest groups may only make it as elected senators. Note there is no 1/3 requirement for these special interest groups except gender. Besides that the youth already have critical mass in the senate and the larger parliament, realize the senate is a federal house whose principal mandate is county matters. Senators do not have the power to originate non-county laws and the point of such special interests is indeed moot. In devolution, special interests should be handled by the county assemblies.


Once again we see that the BBI proposal on gender effects the original intent of CoK 2010 by correcting the mischief of the 10th parliament.

-Hybrid, regions, 35% devolution were killed in Naivasha. BBI corrects this
-Gender parity, senate as upper house were killed on the floor of the 10th parliament. BBI corrects gender, improves on the senate.
♫♫ They say all good boys go to heaven... but bad boys bring heaven to you ~ song by Julia Michaels

Offline Nefertiti

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Re: Why BBI has ONLY 360 MPs and no more
« Reply #4 on: December 03, 2020, 10:05:11 PM »
I asked you how this yes-no per clause would work... do we have a 40Q ballot in 2022 along the 6 elections - or hold a 1Q referendum annually till 2060? :o

Once again your rusty legalese shines through... we will soon see what the courts think - I won't hold my breath.

I think most importantly let discuss the process. Give us YES/NO referendum on each of these issues.

And this debate will end. There will be no divisive referendum
.
There will be issue based referendum.

People will go to the ballot and pick what they want.

And that is how referendum is done worldwide. SINGLE ISSUES. You don't lump together 78 different issues and force people to vote Yes or No.

And then because NOBODY is going to die for lack of the referendum - do it with election - we already have expensive election - and max of 500 votes. Let them finish electing candidates - move to referendum - pick his Yes and Nos.
♫♫ They say all good boys go to heaven... but bad boys bring heaven to you ~ song by Julia Michaels

Offline RV Pundit

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Re: Why BBI has ONLY 360 MPs and no more
« Reply #5 on: December 03, 2020, 10:37:21 PM »
JSC is not judiciary. Uhuru appoint 3 JSC commissioners. LSK has two. Judiciary has one representing magistrate and lower courts, one for high court, one for court of appeal, and CJ and DCJ.

JSC should appoint Ombudsman - and it already exist.  Uhuru should focus on the Executive Ombusdman that is doing BADLY.

Exactly what is broken about it. Who is the complainant here? Uhuru should get over his annulled election!!!!!!!!! Is there any evidence JSC has not acted on any complain...a WHOLE DCJ BARAZA was fired for small tiff at supermarket.

2ndly - whatever you say - Senate was NOT broken in gender parity.  Kenyans remember do NOT want that 1/3 gender rule - it's one of those clauses that women got lucky with it. So why move to 50% of senate ?????????????????????????? When it was actually at 28% - round off is 30%.

Secondly in NA - we don't want unlimited parliament with 180Mps - if no woman is elected MP.

Kenya women are 50% of kenyans - they don't need that kind of push. In parliament they need a small push to get to 30%.

But to have parliament of 180 nominated woman...that is a JOKE.


Well Mister Watermelon - as usual your jaundiced views are welcome.


Send this nonsense to BBI secretariat. They are desperate for this.

1) Ombusdman exist yes under DCJ - but why is president appointing and the senate approving.  Remove executive appointing. He who appoints calls the tune.  We want INDEPENDENT judiciary. Let  JSC be fully in charge of judiciary. Uhuru has 3 representative there..AG and two civilians.

JSC should appoint the ombusdman.

Uhuru has is own Ombusdman - let him work on that first - before poking his fingers on judiciary. The executive has more complains than any arm of gov.
Present JSC as constituted does not have accountability because it is answerable to itself. Why can't we allow PORK or CS to account only to themselves or wait for the elections - instead we have recall, impeachment, censure, whatnot. Ombudsman selected by PORK and vetted by the senate is the necessary and proper principle of checks & balances. Welcome to democracy.

Maybe you can tell us - is the present judiciary and/or JSC accountable? To who?




2) Status of gender parity is 22% for parliament and I think 28% for senate. We don't need an overkill. We need a little tweaking. We cannot sustain 180 nominated MPs. Those nominated Mps will weaken parliament - 1 in every 3 mps will be a nominated woman.

Two elected senators also present problems because voting by delegates is corner stone of devolution. Also what fate of those nominated senators? Will they exist?

Best way forward -  start with 12 nominated Mps - why is Kamande a nominated MP? - make them all women - that should move us at least 3% to 25% gender parity.

Then worry about remaining 5%! But BBI is proposing potentially 180MPS.
This is incoherent rambling. Where exactly in BBI will there be 180 nominated MPs?? The 4 points I raise literally resurrect the Nyachae CIC draft Elections Bill 2012 that was torpedoed by [male] MPs. I recall Martha Karua shouting herself hoarse to no avail. The Nyachae CIC draft bill proposed enforcing 1/3 at party primaries. Under BBI formula you will actually end up with 30%+ female MPs due to the equity legal mandate, checks/enforcement by IEBC, carrots/penalty by party funds.

"But, Robina, why can't ALL 12 6 special interest MPs be women?"

Well that is counterintuitive and in fact sexist. Because male cripples may have separate or uniquely engendered issues that a female PWD MP would not properly represent. This same argument holds for the youth, ethnic minorities, workers and other special interest groups. Imagine we are saying that universally elected male MPs do not effectively represent the women who voted them in - oh how pretentious of us to turn a blind eye only a few clauses down that very road!

Senate... what is the importance of voting by county delegation? That process was introduced in CoK 2010 to accommodate nominated senators - because some counties obviously have more than one senator e.g. Nairobi has Sakaja and Milly Omanga - while say Homa Bay has only Moses Kajwang. Ending senatorial nominations eliminates the delegation process. There will be NO nominated senators under BBI.

"Wait, so we won't have youth, PWDs and minorities nominated into the Senate??"

Right - there will only be 50-50 gender parity and other interest groups may only make it as elected senators. Note there is no 1/3 requirement for these special interest groups except gender. Besides that the youth already have critical mass in the senate and the larger parliament, realize the senate is a federal house whose principal mandate is county matters. Senators do not have the power to originate non-county laws and the point of such special interests is indeed moot. In devolution, special interests should be handled by the county assemblies.


Once again we see that the BBI proposal on gender effects the original intent of CoK 2010 by correcting the mischief of the 10th parliament.

-Hybrid, regions, 35% devolution were killed in Naivasha. BBI corrects this
-Gender parity, senate as upper house were killed on the floor of the 10th parliament. BBI corrects gender, improves on the senate.


Offline RV Pundit

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Re: Why BBI has ONLY 360 MPs and no more
« Reply #6 on: December 03, 2020, 10:42:50 PM »
Some of these 78 issues are not referendum issues. Reduce the clutter and the fillers.  Let us vote on REAL issues. I am sure in US - you vote on referendum issues. We cannot afford to have referendum and election - that is 2yrs gone - economically speaking and with corona -that is 3yrs GONE!!!!!!!!!!!!!!!!!!!!!

After Ruto win in 2022 - there will be no country to run.

2020 corona
2021 divisive referendum
2022 divisive election

Economic growth of 0% - poverty this year alone has increased -after 2m lost their jobs.

We simply cannot afford.

I asked you how this yes-no per clause would work... do we have a 40Q ballot in 2022 along the 6 elections - or hold a 1Q referendum annually till 2060? :o

Once again your rusty legalese shines through... we will soon see what the courts think - I won't hold my breath.

Offline RV Pundit

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Re: Why BBI has ONLY 360 MPs and no more
« Reply #7 on: December 03, 2020, 10:57:35 PM »
Like in 2010 most of you think BBI is Raila and Raila will be PORK.

Pray for yourself when in 2022 Ruto is PORK with BBI constitution.

Mutalia sana!  Imagine 180 une-elected MPs loyal to NO electorate - you can pass anything you want :)

Worse than Moi time.

Kikuyus made PORK so powerful but never imagine Moi or non-kikuyu will have it for 25yrs. Kenyatta 'untimely' dies and Moi inherited PORK that was more like a KING - Moi became the KING - and said he will be nice -  will FUATA NYAYO:) - where Kenyatta stepped - he will step - even if it on someone toes.

Now 25yrs after Moi left power - Kenya Plato and Fair Balance - 10,000 miles from kenya - ARE STILL CRYING :) :) :)

ohoo Kalenjin ni wezi! Moi is a thief! Jesus - Moi was last president in 2002!!!!!!!!!!!

With BBI - Ruto will go for 20-30yrs!!! because it basically bastaridize constitution and legitimize it's further bastardization using MIGHTY of the state...Ruto will simply do BBI 5.0 using chiefs to remove term limits.

Judiciary is our only hope. Keep Cok2010 for you will need it soon. If you see all progressive forces saying NO - then be warned - because a Ruto or Raila with BBI will be dangerous - but Raila is too old to last long.

Offline Nefertiti

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Re: Why BBI has ONLY 360 MPs and no more
« Reply #8 on: December 03, 2020, 11:04:46 PM »
JSC is not judiciary. Uhuru appoint 3 JSC commissioners. LSK has two. Judiciary has one representing magistrate and lower courts, one for high court, one for court of appeal, and CJ and DCJ.

JSC should appoint Ombudsman - and it already exist.  Uhuru should focus on the Executive Ombusdman that is doing BADLY.

Exactly what is broken about it. Who is the complainant here? Uhuru should get over his annulled election!!!!!!!!! Is there any evidence JSC has not acted on any complain...a WHOLE DCJ BARAZA was fired for small tiff at supermarket.
Wanjiku - aka Kenyans - told the Haji wazee taskforce that they want IPOA for miscreant judges. You can google it. JSC is effectively controlled by judges & magistrates and cannot objectively oversight its own. Plain commonsense. There are many inept, corrupt, miscreant, etc judicial officers who need ombudsman to save poor Wanjiku especially "hustlers." Not everyone has the means of easy access to fair and equal  justice like RV Pundit and Ruto. Equality is an expensive commodity.

The Executive Ombudsmen are called Parliament and Judiciary. Duhh.





2ndly - whatever you say - Senate was NOT broken in gender parity.  Kenyans remember do NOT want that 1/3 gender rule - it's one of those clauses that women got lucky with it. So why move to 50% of senate ?????????????????????????? When it was actually at 28% - round off is 30%.

Secondly in NA - we don't want unlimited parliament with 180Mps - if no woman is elected MP.

Kenya women are 50% of kenyans - they don't need that kind of push. In parliament they need a small push to get to 30%.

But to have parliament of 180 nominated woman...that is a JOKE.
Parliament as an arm was/is broken by gender parity. The senate is part of parliament - you see the Maraga advisory indicts both chambers - no dots or crosses. The idea of nominated senators is anomalous and so handily fixed by BBI: - the senate cannot originate such non-county matters; That we have members who from time to time lose their voting power and become subject to a "county delegation leader." Smh.

And which Kenyans are those who do not want 1/3 gender rule?? CoK 2010 passed overwhelmingly - the gender controversy and murk was introduced by the mischievous Abdikadir PSC in Naivasha and on the floor of the 10th parliament. Charles Nyachae's CIC had an excellent proposal in 2012 - and this proposal is exactly (word for word) replicated in BBI.

Why do you duck the question of 180 nominated MPs? Where do you get this magic number from - the basic math? - are you serious? Parties don't nominate (m)any serious women presently so you end up with few women elected. This is properly addressed in BBI through big carrots and sticks.
♫♫ They say all good boys go to heaven... but bad boys bring heaven to you ~ song by Julia Michaels

Offline RV Pundit

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Re: Why BBI has ONLY 360 MPs and no more
« Reply #9 on: December 03, 2020, 11:07:21 PM »
First you don't understand what Ombudsman job really is.
That is why you equate parliament and judiciary to an 'ombudsman' of the executive.
Ombudsman is the Complaint Box.
It's an administrative work.
Executive has one - used to be headed by Omollo Otieno I think

Dealing with fools like you is a such a drag.

Why is Ombudsman even in constitutional proposal :)

These are issue that are legislated by parliament. Amend JSC act - and add the Ombusdman.

You need to go back to school.

Judicial Ombudsman is only be put in constitution to dilute and attack judiciary -because judiciary has been a pain - due to it's independences-  otherwise stick that complain and suggestion box in judiciary - and let kenyans drop their complains there.

Wanjiku - aka Kenyans - told the Haji wazee taskforce that they want IPOA for miscreant judges. You can google it. JSC is effectively controlled by judges & magistrates and cannot objectively oversight its own. Plain commonsense. There are many inept, corrupt, miscreant, etc judicial officers who need ombudsman to save poor Wanjiku especially "hustlers." Not everyone has the means easy access to fair and equal  justice like RV Pundit and Ruto. Equality is an expensive commodity.

The Executive Ombudsmen are called Parliament and Judiciary. Duhh.

Offline Nefertiti

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Re: Why BBI has ONLY 360 MPs and no more
« Reply #10 on: December 03, 2020, 11:13:19 PM »
Kingereza miingi - just to musk your lame rebuttal. Assume you have only 15 referendum clauses - how do you break this in 1Q yes-no terms?

Some of these 78 issues are not referendum issues. Reduce the clutter and the fillers.  Let us vote on REAL issues. I am sure in US - you vote on referendum issues. We cannot afford to have referendum and election - that is 2yrs gone - economically speaking and with corona -that is 3yrs GONE!!!!!!!!!!!!!!!!!!!!!

After Ruto win in 2022 - there will be no country to run.

2020 corona
2021 divisive referendum
2022 divisive election

Economic growth of 0% - poverty this year alone has increased -after 2m lost their jobs.

We simply cannot afford.
♫♫ They say all good boys go to heaven... but bad boys bring heaven to you ~ song by Julia Michaels

Offline RV Pundit

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Re: Why BBI has ONLY 360 MPs and no more
« Reply #11 on: December 03, 2020, 11:15:33 PM »
How does California do it?

Each will be a ballot - you can vote yes or no or if tired - ignore it. It can also be one huge booklet. But you cannot vote to legalize abortion and marijuana in one document because you're illeterate or lazy to seperate them.

After getting done with six ballots for candidate

Proceed to referendum  booth. Get summarized ballot - saying Judiciary Ombudman - yes or No  - IEBC can frame it. PM, Deputy Prime and related yes or No.

Once this become the norm - every election - we will have those that have collected one million signatures - and have passed MCAS - get their ballot issues voted on.

Just like US of A.

Otherwise forcing your OLD toothless dog Raila on kenyans will as always end in premium tears.


Kingereza miingi - just to musk your lame rebuttal. Assume you have only 15 referendum clauses - how do you break this in 1Q yes-no terms?

Offline Nefertiti

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Re: Why BBI has ONLY 360 MPs and no more
« Reply #12 on: December 03, 2020, 11:32:02 PM »
None of the Founding Fathers were as corrupt as Abdikadir, Uhuru and Ruto - so there was less mischief with fewer teething problems. Even so the early days saw many regular amendments - 10 BoR amendments in 2 years - 1789-91 8) 8) 8) Kenya is in diapers - the 1800s - in US terms. However unlike rich US Ruto and the Naysayers are saying poor Wanjiku cannot afford such frequent ballot billions - so you must lump them together as one big bootiful bill :)

Anyway let us see what the courts think. It would be moronic to ask the courts to rule on "basic structure" - all Professor Kibwana is asking for is an advisory - which won't bind anyone. You see a court can only entertain specific issues: - what clause or law is being violated by not having a 1Q yes-no BBI bill? None. See you have empty hopes about Kibwana.

It upto MPs to specify the xyz's in referendum act - Ruto has 150 MPs so this should be easy-peasy :)

 
How does California do it?

Each will be a ballot - you can vote yes or no or if tired - ignore it.

Kingereza miingi - just to musk your lame rebuttal. Assume you have only 15 referendum clauses - how do you break this in 1Q yes-no terms?
♫♫ They say all good boys go to heaven... but bad boys bring heaven to you ~ song by Julia Michaels

Offline RV Pundit

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Re: Why BBI has ONLY 360 MPs and no more
« Reply #13 on: December 03, 2020, 11:37:38 PM »
Raila the father of Cok2010 told us it was most progressive constitution. We borrowed from US, Uganda, South Africa and Nigeria. It's the best. We the No agreed except for 5-10% we wanted ammended. Now 10yrs to attempt to ammend 78 articles out of I think 150 is ridiculous.

Supreme court advisories are not just advisories - they are final edict lower court follow.

Once supreme court has made a finding - it cascade through.

You're very ignorant.

Now you can only rush to high court if your rights have been violated or about to be violated. But you can go to for advisory opinions to prep.

BBI are on step one - all those 3yrs - were really nothing.

Once they move to step 1 - present their signatures to IEBC - then they become SUE-able. You will be suing IEBC to stop the verification.

And you go to high court division of human rights and constitution...odunga, majanja and brilliant samburu  Lenaola used to head it.

They cover the bill of rights - you go and say BBI is about to violate or has violated my rights.

So as soon BBI present their document to IEBC - prepare for court case - alleging all sort of things.

This is STEP 1 in amending constitution where someone rights can be infringed...before that..anybody including weed smokers can gather 1 million signatures and present to IEBC.

Now the are two ways to go about this.

First is to complain to IEBC - and make them aware that signatures have been procured using force.

If they don't reject - go to high court.

None of the Founding Fathers were as corrupt as Abdikadir, Uhuru and Ruto - so there was less mischief with fewer teething problems. Even so the early days saw many regular amendments - 10 BoR amendments in 2 years - 1789-91 8) 8) 8) Kenya is in diapers - the 1800s - in US terms. However unlike rich US Ruto and the Naysayers are saying poor Wanjiku cannot afford such frequent ballot billions - so you must lump them together as one big bootiful bill :)

Anyway let us see what the courts think. It would be moronic to ask the courts to rule on "basic structure" - all Professor Kibwana is asking for is an advisory - which won't bind anyone. You see a court can only entertain specific issues: - what clause or law is being violated by not having a 1Q yes-no BBI bill? None. See you have empty hopes about Kibwana. It upto MPs to specify the xyz's in referendum act - Ruto has 150 MPs so this should be easy-peasy :)


Offline RV Pundit

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Re: Why BBI has ONLY 360 MPs and no more
« Reply #14 on: December 03, 2020, 11:43:57 PM »
That is why BBI will wait until referendum law is passed unless you convince us your issues are deadlier than corona...and cannot wait.
We will wait for referendum law...that judiciary has injuncted.

Otherwise if you read it - it already proposed multiple questions ballot.

It upto MPs to specify the xyz's in referendum act - Ruto has 150 MPs so this should be easy-peasy :)


Offline Nefertiti

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Re: Why BBI has ONLY 360 MPs and no more
« Reply #15 on: December 03, 2020, 11:53:48 PM »
You cannot have ombudasman e.g. Otiende Omoolo CAJ, IPOA, etc - in the ambit of parliament. Because they would be abused by MPs. The CAJ ("executive ombudsman") is already toothless. It akin to the "house ethics committee" here in the US or UK that are always feckless, lameduck or lucklustre or all of the above. Any ombudsman of necessity should be an independent office to be effective. Not everything made in America is great.

Why does Wanjiku want a judicial ombudsman if the JSC/DCJ is so effective? We are reforming the state arms for the better and the judiciary is not sacrosanct.

About Robina's legal - you got nothing on me Pundit. Let us see how your 1Q yes-no nonsense plays out.

First you don't understand what Ombudsman job really is.
That is why you equate parliament and judiciary to an 'ombudsman' of the executive.
Ombudsman is the Complaint Box.
It's an administrative work.
Executive has one - used to be headed by Omollo Otieno I think

Dealing with fools like you is a such a drag.

Why is Ombudsman even in constitutional proposal :)

These are issue that are legislated by parliament. Amend JSC act - and add the Ombusdman.

You need to go back to school.

Judicial Ombudsman is only be put in constitution to dilute and attack judiciary -because judiciary has been a pain - due to it's independences-  otherwise stick that complain and suggestion box in judiciary - and let kenyans drop their complains there.

Wanjiku - aka Kenyans - told the Haji wazee taskforce that they want IPOA for miscreant judges. You can google it. JSC is effectively controlled by judges & magistrates and cannot objectively oversight its own. Plain commonsense. There are many inept, corrupt, miscreant, etc judicial officers who need ombudsman to save poor Wanjiku especially "hustlers." Not everyone has the means easy access to fair and equal  justice like RV Pundit and Ruto. Equality is an expensive commodity.

The Executive Ombudsmen are called Parliament and Judiciary. Duhh.
♫♫ They say all good boys go to heaven... but bad boys bring heaven to you ~ song by Julia Michaels

Offline RV Pundit

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Re: Why BBI has ONLY 360 MPs and no more
« Reply #16 on: December 03, 2020, 11:58:36 PM »
Rambling of an idiot.
Is CaJ in the constitution? No.
IPOA in the constitution? No
Judiciary ombudsman? Hell No.
These are administrative offices - a wooden suggestions and complaint box - that parliament should enact to respond to kenya complains on Judiciary/exeuctive.
They can only go to constitution if you want to duplicate and suplant JSC or PSC or many other independent institutions.

Constitution is SACROSANT - it should be minimalistic - not this BBI nonsense that is seeking to add 150 pages to it.

You put the principles - and have trained judges - to interpret. This is not a BIBBLE. It 10 commandment. Parliament MAKES LAWS. Constitution is big deal. You only put things that outlast generations. Otherwise the other staff - use parliament - and make them laws include judiciary ombusdman.

BBI an attempt to actually kill the constitution.

Next you want people to vote on Marijuana and Abortion on the same ballot?

Knowing Uhuru is smart - I can only think he is stringing along fools.

You cannot have ombudasman e.g. Otiende Omoolo CAJ, IPOA, etc - in the ambit of parliament. Because they would be abused by MPs. The CAJ ("executive ombudsman") is already toothless. It akin to the "house ethics committee" here in the US or UK that are always feckless, lameduck or lucklustre or all of the above. Any ombudsman of necessity should be an independent office to be effective. Not everything made in America is great.

Why does Wanjiku want a judicial ombudsman if the JSC/DCJ is so effective? We are reforming the state arms for the better and the judiciary is not sacrosanct.

About Robina's legal - you got nothing on me Pundit. Let us see how your 1Q yes-no nonsense plays out.

First you don't understand what Ombudsman job really is.
That is why you equate parliament and judiciary to an 'ombudsman' of the executive.
Ombudsman is the Complaint Box.
It's an administrative work.
Executive has one - used to be headed by Omollo Otieno I think

Dealing with fools like you is a such a drag.

Why is Ombudsman even in constitutional proposal :)

These are issue that are legislated by parliament. Amend JSC act - and add the Ombusdman.

You need to go back to school.

Judicial Ombudsman is only be put in constitution to dilute and attack judiciary -because judiciary has been a pain - due to it's independences-  otherwise stick that complain and suggestion box in judiciary - and let kenyans drop their complains there.

Wanjiku - aka Kenyans - told the Haji wazee taskforce that they want IPOA for miscreant judges. You can google it. JSC is effectively controlled by judges & magistrates and cannot objectively oversight its own. Plain commonsense. There are many inept, corrupt, miscreant, etc judicial officers who need ombudsman to save poor Wanjiku especially "hustlers." Not everyone has the means easy access to fair and equal  justice like RV Pundit and Ruto. Equality is an expensive commodity.

The Executive Ombudsmen are called Parliament and Judiciary. Duhh.

Offline Nefertiti

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Re: Why BBI has ONLY 360 MPs and no more
« Reply #17 on: December 04, 2020, 12:06:36 AM »
In 2012 AG/FIDA/Karuas ran to SCORK for advisory on 1/3 gender rule. SCORK advised it should be achieved in 5 years - it is not effected todate. You see there was an actual clause/s of CoK 2010 that were being referred. What clauses are being contested in the Kibwana petition? It will be tossed into the dustbin just like Aukot BBI nonsense.

Why can't Ruto's 150 anti-BBI MPs specify 1Q yes-no in referendum act? :) Spin doesn't last.

Raila the father of Cok2010 told us it was most progressive constitution. We borrowed from US, Uganda, South Africa and Nigeria. It's the best. We the No agreed except for 5-10% we wanted ammended. Now 10yrs to attempt to ammend 78 articles out of I think 150 is ridiculous.

Supreme court advisories are not just advisories - they are final edict lower court follow.

Once supreme court has made a finding - it cascade through.

You're very ignorant.

Now you can only rush to high court if your rights have been violated or about to be violated. But you can go to for advisory opinions to prep.

BBI are on step one - all those 3yrs - were really nothing.

Once they move to step 1 - present their signatures to IEBC - then they become SUE-able. You will be suing IEBC to stop the verification.

And you go to high court division of human rights and constitution...odunga, majanja and brilliant samburu  Lenaola used to head it.

They cover the bill of rights - you go and say BBI is about to violate or has violated my rights.

So as soon BBI present their document to IEBC - prepare for court case - alleging all sort of things.

This is STEP 1 in amending constitution where someone rights can be infringed...before that..anybody including weed smokers can gather 1 million signatures and present to IEBC.

Now the are two ways to go about this.

First is to complain to IEBC - and make them aware that signatures have been procured using force.

If they don't reject - go to high court.
♫♫ They say all good boys go to heaven... but bad boys bring heaven to you ~ song by Julia Michaels

Offline Nefertiti

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Re: Why BBI has ONLY 360 MPs and no more
« Reply #18 on: December 04, 2020, 12:16:24 AM »
Referendum format is down to MPs - numbers. The rest are motions.

That is why BBI will wait until referendum law is passed unless you convince us your issues are deadlier than corona...and cannot wait.
We will wait for referendum law...that judiciary has injuncted.

Otherwise if you read it - it already proposed multiple questions ballot.
♫♫ They say all good boys go to heaven... but bad boys bring heaven to you ~ song by Julia Michaels

Offline RV Pundit

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Re: Why BBI has ONLY 360 MPs and no more
« Reply #19 on: December 04, 2020, 12:18:12 AM »
And parliament is effectively dissolved because people eventually went to high court - and they were told SCORK has done it.

Maraga therefore advised the president to dissolved parliament - he has no option except waste time in judiciary - otherwise all bases covered- SCORK issued a ruling on it - it cannot revisit same issues - they will dismiss it in limme :) aka judicial economy - don't waste time and resources.

You are the new stupid - Ojinga original. I mean even Raila folks of the 2000-2017 were not this dumb.

Kichwa who is actually some KANJO judge in New York city is a joy to read even when he is wrong.

In 2012 AG/FIDA/Karuas ran to SCORK for advisory on 1/3 gender rule. SCORK advised it should be achieved in 5 years - it is not effected todate. You see there was an actual clause/s of CoK 2010 that were being referred. What clauses are being contested in the Kibwana petition? It will be tossed into the dustbin just like Aukot BBI nonsense.

Why can't Ruto's 150 anti-BBI MPs specify 1Q yes-no in referendum act? :) Spin doesn't last.

Raila the father of Cok2010 told us it was most progressive constitution. We borrowed from US, Uganda, South Africa and Nigeria. It's the best. We the No agreed except for 5-10% we wanted ammended. Now 10yrs to attempt to ammend 78 articles out of I think 150 is ridiculous.

Supreme court advisories are not just advisories - they are final edict lower court follow.

Once supreme court has made a finding - it cascade through.

You're very ignorant.

Now you can only rush to high court if your rights have been violated or about to be violated. But you can go to for advisory opinions to prep.

BBI are on step one - all those 3yrs - were really nothing.

Once they move to step 1 - present their signatures to IEBC - then they become SUE-able. You will be suing IEBC to stop the verification.

And you go to high court division of human rights and constitution...odunga, majanja and brilliant samburu  Lenaola used to head it.

They cover the bill of rights - you go and say BBI is about to violate or has violated my rights.

So as soon BBI present their document to IEBC - prepare for court case - alleging all sort of things.

This is STEP 1 in amending constitution where someone rights can be infringed...before that..anybody including weed smokers can gather 1 million signatures and present to IEBC.

Now the are two ways to go about this.

First is to complain to IEBC - and make them aware that signatures have been procured using force.

If they don't reject - go to high court.