I Love Justice Mumbi Ngugi

[Omollo]

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I love this woman. They don't come tougher!

[RV Pundit]

Nyamu seem to be on a role. Yes god bless Mumbi Ngugi.That is one albino lady who should be a role model to everyone esp the disabled.

[vooke]

Omorlo,
How do we rein in these crazy MCAs? Something about elected negroes being hounded out at the whims of other elected negroes just don't sound right

[Omollo]

Omorlo,
How do we rein in these crazy MCAs? Something about elected negroes being hounded out at the whims of other elected negroes just don't sound right

Some changes have to come from the top. If you examine the role of ministers of local government and the central government in the politics of local authorities, you will find that where the minister (who played the role of the senate today) responded negatively to removal of chairmen and mayors, the councillors behaved themselves. The best example would be Terrorist Moses Mudavadi who dared and dissolved the "untouchable" Nairobi City Council. The record shows zero motions of removal for the duration of his stay in the docket.

The bribe receiving Oloitiptip and the lazy Robert Matano saw the largest number of disturbances. Matano hit at Kisumu Municipal council more as a Kenyatta / Moi regime punching bag syndrome. It had no effect.

In brief, these matatas are engineered by the central government overtly or covertly.

Solution: I have none other than hope the courts will keep interfering. I am also pleased that the political constellation in the senate would unless by some fluke, remain unsuitable to the removal of governors. Sadly the MCAs are learning how to do it properly and within the law - perhaps hampered by the fact that a lie cannot be easily documented or backed up. I also note that the senate has not always done its job. In the case of Wambora, the senate's ego and self importance took center stage.

If the central government wanted, it would put a stop to all this in one go. For example the persons who took MCAs from Embu to Mombasa on paid holidays to plot impeachment could be brought on charges of corruption along with the MCAs while KRA would demand taxes for the amount used. The anti-money laundering unit would be waiting to question them about the source of the funds and in the end, for those convicted, the seats would become vacant. Do that and no MCA would want to hear the word "impeachment"

[Georgesoros]

Omolo, Moi dissolved the city council not Mudavadi.
Also, I dont think a judge can stop senate deliberations. That is beyond her mandate. However she can stop whatever comes out of those deleberations from taking effect. The impeachment process has become a sham.

[Omollo]

Omolo, Moi dissolved the city council not Mudavadi.
Also, I dont think a judge can stop senate deliberations. That is beyond her mandate. However she can stop whatever comes out of those deleberations from taking effect. The impeachment process has become a sham.

Under what law would the president dissolve a local authority bro? The law only empowered the minister for local government. I was recently reviewing the details for some task I have, hence I am pretty certain.

Here you go:

Local Government Act.
252. Removal of members, appointment of commission and winding-up of local authorities for certain reasons

[Omollo]

Omolo,
Also, I dont think a judge can stop senate deliberations. That is beyond her mandate. However she can stop whatever comes out of those deleberations from taking effect. The impeachment process has become a sham.

Here is how it plays out:

1. The high court with universal national jurisdiction grants orders stopping debate;
2. Predictably, the Senate goes ahead and debates and impeaches the governor;
3. The governor goes back to the high court and complains that the senate disregarded the order anyway
4. He prays for  (a)contempt proceedings against the senate and (b) the nullification of the impeachment
5. The High court grants (b) at express speed and stands over (a)
6. Governor goes back to office and MCAs are free to try again and hopefully learn not to cross the High court.

NB. Any act taken in contravention of a court order is dead and powerless from start. In brief that is how the Wambora case played out. Kibwana is a professor of Law. I can't see it playing any other way

[Georgesoros]

Omolo,
As much as I dont like the impeachment process, I also hate judicial activism. High court can not stop the senate from debating. The court can only act on the process. If there is no process you dont have a case.
And the court should not interfere with senate proceeding.
Stop and think.

Omolo,
Also, I dont think a judge can stop senate deliberations. That is beyond her mandate. However she can stop whatever comes out of those deleberations from taking effect. The impeachment process has become a sham.

Here is how it plays out:

1. The high court with universal national jurisdiction grants orders stopping debate;
2. Predictably, the Senate goes ahead and debates and impeaches the governor;
3. The governor goes back to the high court and complains that the senate disregarded the order anyway
4. He prays for  (a)contempt proceedings against the senate and (b) the nullification of the impeachment
5. The High court grants (b) at express speed and stands over (a)
6. Governor goes back to office and MCAs are free to try again and hopefully learn not to cross the High court.

NB. Any act taken in contravention of a court order is dead and powerless from start. In brief that is how the Wambora case played out. Kibwana is a professor of Law. I can't see it playing any other way