Sunday, January 30, 2011

New CJ, AG: A Replay of Defunct ECK for 2012

The law is an ass so they say and nobody knows how to breathe life into that timeless cliche that President Kibaki. If you thought the unilateral re-appointment of Kivuitu's ECK team just before the disputed 2007 polls amounted to a cause-effect relationship then wait till you see through the SMART thinking behind appointing the new CJ and AG. Legal pretenders will discredit the new constitution oblivious of the naked fact that accountable governance is all about upholding the SPIRIT and not the letter of the law.

Predictably the nay Sayers will read all the RETROGRESSIVE conspiracy theories in President Kibaki's latest bold judicial appointments.To set the record straight, the nominated Chief Justice Visram and Attorney General Githu Migai are more than qualified. These are accomplished lawyers with 6 degrees to spare between just the two of them. What is more, their advanced degrees are homegrown (UoN) giving them the capacity to competently domesticate complicated legal issues.

The REAL radical surgery here we come. With Muthaura's lawyer guarding the legal gates, ICC is dead in the water. Ambassador Francis Muthaura would be a fool not to position a trusted, tried and tested lawyer at the helm given the impending ICC 'manifest nonsense'. What is more, Githu is an accredited lawyer to the ICC. That is a superlative move which is poised to leave the boisterous Luis Moreo-Ocampo wiping his bloodied nose. After all the both referral and deferral sound the same except for the first letter ONLY.

Next, the in-coming powerful director of prosecution is one NO-NONSENSE Kioko Kilukumi. The abrasive lawyer has seen it all handling high profile cases that other legal neophytes would dare not tough with a 10-feet pole. Just the other day he stood firm for the beleaguered Hon William Ruto and boy, don't you love the 10 voluble and brave pounder (Kilukumi)? Those with less impaired memory must remember Kioko's educated pitch while trashing Kibaki bashers from Netherlands some years back. He stuck his neck for the boss and what a sweet payback/check for the learned mind?

And finally with a masterstroke that will leave his detractors sprawled kissing dust, Kibaki has proposed the sharp mind of William Kirwa (MBA, MA) as the controller of budget. Those who have been criticizing the President for being aloof must be frying in their own fat of shame. Here iss the deal, while both Kioko and Kirwa constitute the double, the missing K need no physical lettering, MTADO?

Checkmate
Those who have been burdened with the phantom mindset of co-principals need to have their heads examined lest they continue with their unhelpful hallucination. The buck must stop with somebody and President Kibaki has called the pretenders bluff.

ODM's goose is chased, defeathered, cooked and digested. Rift Valley MPs have been given the sacred card to checkmate ODM and the PM. With their bread generously buttered, they must be rubbing their hands in glee to emphatically register their political score.

President Kibaki is never known to promise what he cannot deliver. And after his latest forays in Eldoret, the warriors have been smothered and the owls rattled. NA BADO. Hague Express kitu gani?

66 comments:

  1. Thank you for your sense of humorous comments.

    Do you recall by any chance, a highly qualified and well respected Kenyan lawyer who was driving with his family in a newly imported car from Germany, inadvertently followed a lorry (tipper) into a construction zone along Nairobi-Mombasa road and became stuck in what seemed to be a large puddle of mud but sunk into what turned out to be a huge six feet crater filled with rain water and the car had to be craned out after the jua kali workers had rescued him and the family?

    Sound familiar? The driver of the car the got stuck is among Mwai Kibaki's latest appointments. I wonder whether KTN will dig out the footage from its archives of road mishaps in Kenya.

    Is Mwai Kibaki and company aware of the fact that the ailing judiciary system in Kenya urgently needs an overhaul that was overdue in 2003?

    Otherwise, appointing more figure heads to cosmetically nurse the current judiciary system is an unnecessary boondoggle (project) that our children, their children and future generations will be saddled with long after Mwai Kibaki, Raila Odinga, PNU, ODM, K-NARC and all the other political parties have been relieved of their duties or totally forgotten with the passage of time.

    If I may ask, what have the so called "more than qualified" Kenyan professionals with advanced homegrown magna cum laude and summa cum laude degrees (UoN) competently done for their beloved country in the last forty years?

    Why is the country still stuck where it is in 2011 when there so many more qualified Kenyans working in and around Nairobi, Mombasa, Nakuru, Kisumu, Eldoret and Nyeri?

    Who said that "great minds always steer a nation's destiny to greater heights"?

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  2. Other than the CJ part I dont really see what the hulabaloo is about.

    According to the New Constitution/False Dawn of Kenya,Kibaki ACTUALLY was within the law.

    Articles 156,157,228 and all state that NOMINATIONS can be made by the PRESIDENT(no where does it say PM) and PRESENTED to the NATIONAL ASSEMBLY whereby upon APPROVAL of the names they may then be APPOINTED.

    For what its worth the Headless Chicken Party/ODM and its idiot supporters/hooligans may complain all they want but Kibaki is actually OK within the law.Plus if they hate the appointments as much as they claim they can always veto the appointments.

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  3. Kenyanese and the rest of Kumekuchans,

    I realised recently that my friends and I rarely talk about politics. We talk so much about Mututho than about politics, ICC, AU e.t.c.

    We have come to discover that political affiliations only favour those who are in high class level and partly those in high middle class level.

    Today I've found myself spending so much reading matters in Egypt and what prompted me to read was the shut down of internet since I wanted to know how they achieved it and not the protest in Egypt. When I opened the newspaper today I found myself reading the magazine and football article from this guy of PWC about Manchester unbeaten record, which I still see will not go through to the end of the season.

    Politics

    Sometimes I'm forced to laugh at both supporters of Kibaki, Kalonzo, Raila and Ruto. I feel sorry to do this but sometimes I'm forced especially when I see poor people using all their energy in supporting a leader who we all know care less about them.

    I'll repeat again that sometimes we can find ourselves complaining over secondary things and leave primary issues untouched. We need first to see what we desire to have, then problems that prevent us to achieve our desire and then solutions to it.

    My approach to politics is always by asking myself of what will I gain from what is happening. I've asked myself what am I going to gain by Kibaki's appointment of CJ and AG. If Kibaki had consulted Raila and they came up with someone again what will I gain? I'm yet to find the answer to my concerns but I still see the appointment or lack of it isn't going to help me at all because they are secondary such that if primary matters won't be dealt with my life won't change.

    Since Kibaki took power matters of land haven't been resolved. Kikuyu tribe still has the highest number of squatters. It still has the highest number of IDPs. However the high class and high middle class among them have grown richer and this has worsen social problems such as Mungiki menace.

    Since Raila became a Prime Minister Luos still have high number of poor people, some rice grown areas in Luo Nyanza are still bare. However the high class and high middle class among the Luos have grown richer.

    Whenever development is brought in these areas you'll find it's because one or several rich people want to make more money and get richer and not about helping the people.

    In other words the politics we know and engage in is politics of the rich and nothing to do with middle class and low class.

    The day you'll see me here engaging in politics of supporting either of the current leaders then know that there are great material things I'm going to gain by supporting them.

    So guys make as much noise as you want. Insult Kibaki because he has gone against Raila. Insult Raila because he's always against Kibaki's decision. Insult Ruto, Uhuru and Kalonzo because of KKK, but know at the back of your mind that if you are not rich or you don't gain directly from them then you are playing politics of the rich, which you are not part of and that you are wasting your time and energy engaging.

    It's time we need to play our own politics.

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  4. I've just seen part of Standard - please note that by accident and not because I was reading the whole article that says for the post of CJ Raila wanted Appeal Judge Riaga Omollo while Kibaki insisted on High Court Judge Paul Kihara.

    Let me laugh at both poor supporters of Kibaki and Raila. It shows that at first both had their own interest.

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  5. According to the 2009 census results,the Somali's have miraculously multiplied and are now more than 2 million people.Now do you see why Raila promptly rushed to North Eastern ostensibly to counter the peace rally in Eldoret and who is it that said his(Raila's)head is not working as well as before?He is still as cunning and divisive as before.Loose the Kalenjin...court the Somalis.....

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  6. Just like Kibaki was sworn in at night, these nominations were also announced late at night, on a weekend when people are out of work and not playing too much attention to the news, too drunk to care. In more developed countries, it's called 'burying' the news so that they can go out without much notice. Now, why would someone want to 'bury' the news and release statements when they think (wrongly) that the media fraternity has gone home and shut press? It stinks...something is fishy considering also that Raila was out of the country in Addis!

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  7. Philip said...
    I've just seen part of Standard - please note that by accident and not because I was reading the whole article that says for the post of CJ Raila wanted Appeal Judge Riaga Omollo while Kibaki insisted on High Court Judge Paul Kihara.

    xxx

    Habari Philip.

    Well, when every Kenyan was shouting about the wonderful new constitution, we said it was, a GRAND ILLUSION.

    When we hear Kenyans talk of 2012 and such, we say, OPIUM TAKING.

    You wait after 2012 and you will see.

    Haya, let us continue enjoying Peace Treaty by Great Peter Tosh @

    http://is.gd/fMABY8

    xxx

    As concerns MODERN Egypt/Middle East, we give thee some few hints u will not read on BBC and such trash:

    - Western influence over Egypt began in 1798, when Napoleon invaded Egypt to threaten Britain's trade routes to India.

    - Napoleon's rule didn't last long, however, because the British temporarily allied with the Ottomans to throw the French out after only a few years.

    - Out of the chaos emerged an Albanian commander of the Ottoman army named Mohammed Ali, who helped to drive out the British, afterwards becoming governor of Egypt under Ottoman authority.

    - Ali neutralized the native Mamluke threat, and then turned his attention to modernizing Egypt. After Ali died his successors Abbas, and then Said Pasha ruled Egypt. Said Pasha started the Suez Canal, and then his successor Khedive Ismail finished it in 1869.

    - The canal was financed primarily by French investors, but by this time France was firmly controlled by Britain.

    - After that the British influence in Egypt slowly became stronger and stronger, and was initially done not militarily but economically.

    - The British "free-trade" ideology was adopted and Egyptian manufacturing and industry suffered. Egypt soon found itself deep in debt.

    NB: Note words, FREE TRADE (the WTO), MANUFACTURING and DEBT.

    - In 1879 Ismail was forced from power and was eventually succeeded by his son Tewfiq Pasha who finally gave up and effectively ceded complete control of the Egyptian economy over to the British.

    - In 1882 British troops landed and completed the takeover of Egypt. They would occupy Egypt until 1956 when they were finally expelled by President Nasser.

    Hear this now.

    - In 1928 the "Muslim Brotherhood" was founded by an Egyptian schoolteacher named Hasan al-Banna. The Brotherhood was a religious secret society known publicly for its emphasis on Islamic education and for its charitable activities.

    - Prior to World War II British Intelligence cultivated ties with the Brotherhood through agent Freya Stark, the British adventurer and writer.

    NB: Do we Muslim Brotherhood might capture power in the ME?

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  8. In every kraal there is always one prize bull and no other bull gets to taste any heifer until the top bull is retired by the owner of the herd. Just in case Raila and his DOMO worshippers have forgoten, the prize bull in Kenya is Kibaki, period. And he was authorized in 2007 by the magestic people of Kenya to do all that is necessary and proper for Kenya for 5 years. In the meantime, the naysayers need to llok for something more redeeming than whining.

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  9. It looks like Kalonzo is a better global diplomat than Raila. While Raila has been endlessly quarreling with a fellow thug (Gbagbo) in Ivory Coast, Kalonzo has mobilized the entire continent in a few days behind the ICC deferral thingamajigg.

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  10. By the way, what is happening in ODM. Someone knew what he meant when he said there is no honor among hyenas. I heard they have changed their anthem from "kabia adui" to "KKK." Mad bums! They can't win an election without ejecting tribalism.

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  11. Anon 1:16 AM,

    This post is not about Raila. You Railaphobics just amaze me with the kind of intense and irrational hatred you have for the man. It is absurd, comical and nonsensical.

    This is guy who is harmless. He can not do what your own brothers (the Mungiki thugs, bandits and hoodlums) did to their very own tribesmen and women (Kikuyus) - Namely CHOPPING THEIR HEADS OFF - It was a very big BASH of CHOPPING their fellow tribesmens heads off and this was prevalent only in central province and the Kikuyu diaspora.

    You imbeciles hate Raila while forgetting that your real enemy resides WITHIN yourselves - I have just given one example: The Mungiki murderers, extortionists, thugs and bandits. There are many others...

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  12. "Particles 156, 157 & 228 of the Sconestitution" have been mentioned so many times, they have done their rounds on the lips of so many people, and have been thrown around a million beer halls and kitchen table discussions since the political appointments were made public.

    The question on many people's mind is "what if" Raila Odinga had been given the opportunity to fill the slots?

    What would Raila have done and who would he have picked and why?

    Would Raila and his political posse have picked candidates that are far more different from those already selected by Mwai Kibaki?

    Or would he have repeated the same mistakes that were done when certain slots in the ministry of foriegn affairs were to be filled?

    Guess, the public will never know for sure or for a good reason given the way things have worked out.

    An does it matter at the end of the day? How many extra bakuli of uji or ugali does the rural household get in return?

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  13. @Philip
    Of course it doesnt benefit the ordinary mwananchi.Being a law student sadly these appointments are bound to affect me one way or the other.......

    Anyway I agree with you as far as Raila and Kibaki's nominees.NONE had any impartiality whatsoever.(here's food for thought-Miguna as AG).Earlier on ODM's Miguna penned a piece claiming the JSC had NO role in appointment of the CJ.Talk about the proverbial egg on the face.

    If the MPIGS disagree they can always veto the nominations(highly unlikely if u ask me).Otherwise Kibaki was more or less in the law Schedule 6 not withstanding.

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  14. Mr Mwai "Pumbavu" Kibaki is doing exactly what he did when appointing ECK commisioners way back when he trashed the IPPG agreement and threw every caution to the wind!

    And some of his tribesmen and women then, as they are doing now, praised him as their shujaa! Thats why we ended with a STOLEN ELECTION and the subsequent violence of 2007/08.

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  15. Looking at comments or lack of concern about the way these appointments were made really makes me realize Kenya is yet to burn before we learn our lesson. At this point we can kiss the new constitution goodbye, politicians are still doing whatever they want to do and WE are allowing them because we are so shortsided. This is not about who you like or hate this is about precedent... this is a repeat of the ECK fiasco aagain just in time for a major election. I hate to say this but unfortunately it's true... we won't stop self destructing until we are personally affected... so let's all sit back, watch Kenya burn and wait till the our door is broken down, then we'll realise we should have stood for what's right when we could.... but then it will be too late.

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  16. Anon 4:39 Am
    The manner in which the latest appointments were made should be the least of your worries. Just concentrate your efforts on earning your law degree and later passing the bar. Remember to avoid the local drinking wells whenever you can, and worry more about joining the ranks of disbarred lawyers around the globe in the long run.

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  17. @Philip
    Thanks for calling a spade a spade, a sepeto a sepeto. That's one of the darkest if not saddest aspect of our school of thought and modus operandi 24/7.

    Hence, we will always continue to be caught up in the frenzy of well stage managed politics at the expense of more pressing issues in our own backyards.

    LOL! We are who we are and it will take time to change our narrow worldview.

    "We would rather have one of 'us' as the CJ, AG or CGS" and not care about whether we have adequate medical facilities, modern primary schools, secondary schools, colleges, paved roads, electricity, clean drinking water, guaranteed security, well built public markets (with storage facilities, water, electricity, plumbing, functioning sewage system, CCT, etc), modern slaughterhouses, and access to local, national and regional markets.

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  18. @ anon 5:17 absolutely true when there is relative peace we can afford to ignore these events but kenya will burn one day and i hope it burns so bad even the politicians will feel the heat at a personal level mpaka they become idp's

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  19. @Mwara"N"gethe,

    I enjoyed thee article penned in a flawless manner. It would be interesting to know who funds the activities of the "muslim brotherhood".


    The Oracle has Spoken

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  20. @Taabu,
    wacha zako ati new AG is camera SMILE shy (Wako)and new CJ is "not Kenyan enough"? bure kabisa

    Only in Kenya is spontaneous mass action pre-mediated (tribalism/haki yetu) and vetting professional qualification is premised on ethnic loyalty(regional balance)

    OLE WETU and who is next in line after Egypt, Tunisia,C'd'Ivore,Yemen?In Kenya protestors would be VETTED before mass action-KK...keep it to yourself stupid!

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  21. Obviously most of you have no clue that the supreme document is THE CONSTITUTION and not the national accord (or is it discord). Kibaki aint pumbaf as you claim.

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  22. Wamisir wakililia wembe, wape! Wamisir wakitaka kucheza na moto, waruhuzu wacheze vilivyo.

    The "Brotherhood" is no different from "Mungiki".

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  23. Kisumu Molasses1/29/11, 10:49 AM

    Under new constitution, the position of PM does not exist! Meaning Raila is occupying that seat illegally.
    So then why do OUR president need to consult an 'illegal'?

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  24. Its payback time for ODM or as they say elsewhere else its a CHECKMATE after the Ligale commision came up with a highly tilted new constituencies order.Now did these ODM guys expect Kibaki to write off that as a minor event and move on unpurbed..?NEVER..!The one mistake Raila always makes is to underestimate Kibaki and as I have always said time and again,Kibaki is the only politician in Kenya who has always made Raila lick his own ass....may the games continue...!

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  25. Anon 10:34 AM
    How ignorant and arrogant of you to presume that most of us have no clue in all things pertaining to THE CONSTITUTION.

    FYI, the CJ's and AG's qualifications and track records are public knowlegde.

    Walk the walk by allowing your legal qualifications and track record, if any, to qualify your supreme expertise in THE CONSTITUTION.

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  26. My gosh, it's now come down to an illegal president failing to consult with an illegal prime minister. lol!

    What becomes of the future status of the CJ and AG who were selected by the illegal president without the consent of the illegal prime minister?

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  27. Kioko Kilukumi or Kilokumi?

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  28. Kwani Misri has imported Luos? Thank God there no ENTEPRENUERS there to mint money while others are protesting, LOL!

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  29. The law is an ass so they say and nobody knows how to breathe life into that timeless cliche that President Kibaki. If you thought the unilateral re-appointment of Kivuitu's ECK team just before the disputed 2007 polls amounted to a cause-effect relationship then wait till you see through the SMART thinking behind appointing the new CJ and AG. Legal pretenders will discredit the new constitution oblivious of the naked fact that accountable governance is all about upholding the SPIRIT and not the letter of the law.

    xxxx

    Brother, there are three words that should ring a bell in your mind and the ODM:

    (a) to consult,
    (b) with concurrence of, and
    (c) by consensus.

    For instance, Blacks Dictionary of Law, 2nd Ed, @ pg. 43, provides this statement:

    "... but private individual injured may prosecute upon obtaining his CONCURRENCE..."

    In this case, it is very clear that, the AGREEMENT of Advocate General must be sought and given.

    In the same dictionary of law, we find an example of use of word consultation. It is this:

    "ADVISEMENT. Deliberation, consideration; the consultation of a court, after the argument of a cause by counsel, and BEFORE DELIVERING THEIR OPINION."

    In the same book, we find under the consensus as the "CONJOINT WILL of SEVERAL person to whom the thing belongs."

    Surely, when you talk of SPIRIT of the law, what do you mean? The words as used by the Constitution are damn clear.

    To say the least, Raila has some awful advisers who are grossly misleading him. And, at this rate, he is in for big trouble in the days ahead.

    Anyway, let us retreat to the lonely spot at the top Mt Kenya of Human History to watch the dramas unfolding in various valleys.

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  30. This whole issue over recent appointments is a deftly orchestrated media/PR campaign by the Rt Hon Prime Minister and his handlers to try to deflect attention from his recent short comings and broken promises. Firstly, the prime Minister was sent home from the African union with his tail between his legs, having been not granted the opportunity to address the Summit, and only being granted the opportunity to give a status report on the situation to the chairperson Jean Ping, the equivalent of Muthaura in the AU set up. Following which he was told that the situation will now be handled at the Heads of State level, where a committee of 5 representing the different regions will work out the way forward, and he could return home.Significant, in this development are the recent statements attributed to the Ugandan President, which has to do with the PM's recent visit to Uganda which despite media reports to the contrary was far from a success, and it is only a matter of time until the true story of what encountered the PM and his delegation emerges.
    In contrast to this the Prime Minister who lately had challenged the diplomatic initiative by his coalition partner and executed by the VP managed to achieve unanimous support from the entire continent, which regardless of ones views on issue, must be seen as a success. While all this was playing out in Addis the Hon. Orengo, who had not accompanied the PM discovered that the PM had agreed on the name of his Karen neighbour Prof. Muigai as the new AG. Horrified by this development having been assured that this position had been promised to him, until recently when due to domestic pressure he had agreed to his partner Betty M taking the position. A move that the PM supported since it would have locked out the Mt Kenya Mafia from presenting nominees for the other positions due to regional balancing. This led to his hastily convened Press Conference, which it should be noted that had there been no consultation and this was a unilateral decision how was he privy to the names. Following, which upon arrival from Addis the PM was met by the same Orengo, who read him the riot act and assured the PM that; failure to reject the list in its totality, rather the his initial intention to object only to the CJ position that the two principals had not agreed to; then they would see it as the ultimate betrayal and they would be free to chart their individual political destiny's. It should be noted that Orengo blamed the PM's chief of staff, known to be a close associate of Prof. Githu, and demanded that he not be present in the meeting at the airport.
    Therefore, the current 'Constitutional Crisis' should be seen for what it is an attempt to create a media/PR storm to deflect from the real issues credit for which should be given to the PM's exceptional media spin doctor and although rarely credited the PM's most formidable weapon, Dennis, without whom to paraphrase 'the PM's naked backside would be constantly exposed'.

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  31. Regurgitating what has already been said while at the same blabbering and babbling the same sound bites doesn't help your cause either. Onject some new or different perspective into the ongoing tussle about the new CJ and AG.

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  32. @3:44 PM
    Amen! Right on. Relevance and subsatnce.

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  33. "What I see happening is that the Executive is full of impunity and deliberately moving out to rob Kenyans of the new dawn," said Karua.

    She said it was not about the credibility of the individuals appointed but the process.

    For the Chief Justice to be appointed, Karua said, the Judicial Service Commission (JSC) should first recommend names and present the same to the President for him to pick the nominee. He has to so this in consultation with the Prime Minister.

    The name of the person nominated by the President, she added, is tabled in Parliament for vetting then formally appointed.

    The Gichugu MP said the process of filling key positions in the Judiciary must be competetive, and just names being banded around.

    "We must resist this move and demand that appointments are done properly and through shortcuts".
    - The Standard.

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  34. Indeed RAILA! Must be a very powerful man, Kenyan politics revolves around him PERIOD! Even the Meru / Vite superman Mwarang'ethe can't avoid him with references from the black dictionary of law applied and tested in Sumer, not left behind are KK tribal bigots and exported villagers / diaspora plate washers waxing lyrical about the man.

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  35. Folks, Kenyans elected a president in 2007. You at kumekucha will wait KINGDOM COME. Meanwhile it is CURTAINS FOR ODM

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  36. Anon 6:50 said:

    "We would rather have one of 'us' as the CJ, AG or CGS" and not care about whether we have adequate medical facilities, modern primary schools, secondary schools, colleges, paved roads, electricity, clean drinking water, guaranteed security, well built public markets (with storage facilities, water, electricity, plumbing, functioning sewage system, CCT, etc), modern slaughterhouses, and access to local, national and regional markets.

    You have put it better than me. It's what is happening in Kenya. Kenyans have forgotten the reason they want good leadership.

    I wish in future we will start using our energy to demonstrate against increased energy cost, rising inflation, high lending rates from banks, poor infrastructure, high government taxes e.t.c and not about Raila this Raila that, Kibaki this Kibaki that, Ruto this Ruto that, Kalonzo this Kalonzo that e.t.c.

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  37. Philip wrote

    I wish in future we will start using our energy to demonstrate against increased energy cost, rising inflation, high lending rates from banks, poor infrastructure, high government taxes e.t.c and not about Raila this Raila that, Kibaki this Kibaki that, Ruto this Ruto that, Kalonzo this Kalonzo that e.t.c.

    1/30/11 12:57 AM

    xxxx

    You are now walking towards the REAL deal.

    But, why stop there? Do not just demonstrate with a lot of fury like a Spanish bull in front of a red flag, but, with no sense of direction as we see in Tunisia and Egypt.

    When you do this, the whole thing is hijacked by opportunists like Mohamed ElBaradei who is serving the OLIGARCGY.

    Or, you will be under the direction of those who have been selected in advance. Do you doubt this? Haya, read on here:

    "Egypt protests: America's secret backing for rebel leaders behind uprising."

    @ http://is.gd/xpS2wY


    Such actions as we see in Egypt and elsewhere, are a waste of time and only lead to destruction and loss of lives.

    Instead, draft/articulate your grievances in a clear languge. For instance:

    (a) Demand an end to taxation/robbery on wealth creation and consumption by Waweru.

    (b) Then, put in clear langauge how tax system must be restructured so as not to punish those who work.

    Holding (b) in the air, you can now surround the Parliament and State House and demand the enactment of the same. Anything else, is hot air and OPIUM TAKING.

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  38. @Mwara"N"gethe,

    Since you are high up Mt. Kenya of human history where the air is much cooler, can't you simply just let us enjoy the abundant HOT AIR down here, the La nina political heat is simply doing its duty, for now the usual suspects / political choir are preparing a show for us where they will be swallowing Fire and again spew HOT AIR from their breath.

    Wewe wacha OPIUM taking sessions are now illegal in Kenya, ebu ask one Bw. Iteere, utajipata manyani detention camp shouting AFANDE Sir! Where the Tax man ain't Bw. Waweru but akina Omosh, Wanugu, Mkobero and Onyancha, Endelea, you have been warned.


    The Oracle has Spoken

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  39. This Oracle is so obessed by Mwarangethe to a point he sounds deranged.
    The other day he was asking if
    Mwarangethe has sex... my goodness he even want to know the size of his manhood.
    This is the problem when you let faggots free in this beautiful country of ours. They have no shame in their pursuit for straight men.
    Oracle, take your rammed up mukundu outta of here!!!

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  40. "My approach to politics is always by asking myself of what will I gain from what is happening", well said philip, the moment most kenyans will be asking themselves the same question is when the country will change. Personally I can only benefit when all kenyans of all tribes all benefiting. That means when kenya get strong institutions and not strong individuals.

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  41. Raila has really goofed. In taking up the Ivory Coast mediation effort he opened himself to scrutiny by the entire continent. The Pakistanis say a good president should have balls and brains as well. Raila has three balls but no brains at all. Who wants to follow a leader who is always cheated day in day out. Bure kabisa yeye! If i was the one being cheated, the last thing i would do is continue shouting to the whole world that Kibaki has cheated me one again. Can Kenyans trust him to negotiate with ruthless Americans, conniving Britons, cheating South Africans etc
    This man will sell Kenya!!!!

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  42. @Anon 5.50am Mwarangethe as anon once again.
    Mwarangethe how many times do we have to tell you to stop posting as anon. You must be so jealous of Oracle.
    Is it because he unmasked you? What he has written is sarcastic, as a self declared reader, i bet you can read, seems he is the only person on kk who gets on your nerves huh!
    Well kudos to him, the internet is fool of falsehoods and exported mad men claiming to be intellectuals, fcuk off mwarangethe

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  43. when kikuyus are appointed, its tribalism, when kambas and kales, its kkk, when muhindis are selected, its lack of consultation, this ODMorons will never be satisfied!!! wacha wapige domo.
    Once again they have been out foxed by an "old fox"!

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  44. Anon 9:08 AM
    Now that's as juvenile as one can sink.

    Where do you get such a voracious appetite for going after Mwarang'ethe everytime he drops or leaves an educated comment here and there?

    Would you take offense if let's say you were to be classified as a highly toxic pest and branded as an invasive species of a kind that pollutes the estuaries along Kumekucha every so often?

    Please, exercise some self-restrain if you still have the usual dignified capacity and the will to do so.

    ReplyDelete
  45. @anon 11.44am

    Polluted estuaries my foot, kuma ya mamako. Bisaunce with your dignified ass, mwarang'ethe is a fraud who can't even get some wet cunt that is why he is a FAGGOT!!!!!

    ReplyDelete
  46. This Oracle aka various anon MUST be smoked out of this blog!
    The faggot is so thick he doesn't know we can tell his writing. FAGGOT Oracle out!!!!! Go to K-street and sell your mukundu there!

    ReplyDelete
  47. Kenya very ripe for a revolution.Lets tread carefully.

    You are joking!
    The transition schedules (from old to new katiba says Raila should be consulted).This is so until the next general elections in 2012.The Coalition government is actually recognised under these transition schedules (in the new constitution).

    Read it before making uninformed comments.

    The issues here are that:
    1. The Judiciary commission should be involved in making nominations and the the two principals "consult", and then present the nominees to parliament. The president will then make the appointment of those approved by Parliament.

    Questions that arise are:
    -was Raila consulted? who is telling lies?
    -were the posts advertise by the Judiciary commission as dictated by the new katiba?
    -why rush to make "nominations" when the terms of the sitting AG and CJ have not expired?-These enjoy security of tenure and even the President can't sack them without involving a Tribunal. Thats what with Bernard Chunga.

    However much we wish it away, we are getting into very grave areas in Kenya.

    All the "nominees" are actually qualified, but the process is what is the problem. I don't think there angels out there that will beat them!

    The two principals should save Kenya from unnecessary political anxiety/temperatures.

    PNU may have the numbers, but the Kenyan public, and mainly due to the ICC can easily be ignited into untold violence.

    It would be wise for the President to think about the peace of the country.Kenyans are very inflammable at the moment- high unemployment, ICC debacle, high prices na kadhalika.

    ReplyDelete
  48. Nyinyi vijana, wacheni na hayo mambo ya ukabila, mara ubaguzi pamoja na yale ya uchanguzi wa watu fulani kutoka kabila hili au lile. Wewe una shida gani? Mbona unajisumbua hivyo bila sababu ya maana?

    Mkiwa munataka kushughulikia haya mambo ya ukabila wa kisasa, yaani ukabila wa pesa nane, basi njoo hapa mtafusiri haya maneno maneno kutoka kwa lugha ya kimombo kuelekea lugha ya mama au kabila tofauti tofauti za kikwenu.

    Tayari? Haya, karibu kwa hiari yenu mwenyewe na mtafusiri yafuatayo kwa muda wa dakika tano: bulbs, rhizomes, oats, millets, maize, nuts, berries, grapes, melons, watermelons, pumpkins, grains, peaches, plums, eggplants, bell peppers, black peppers, chillies, peas, avocado, tomatoes, brocoli, cauliflower, kale, collared greens, spinach, lettuce, garlic chives, water crest, leeks, Brussel sprouts, celery, ginger, potatoes, sweet potatoes, yams, beets, cucumbers, squash, onions, shallots, turnips, yello turnip, parsnips, radish, zucchinis, okra, cilantro, alfalfa, breadfruit, tomatillo, cilantro, green beans, yardlong beans (snake beans), mung beans, snap pea, snow pea, and chayote.

    Congratulations if you scored 40 out 60. Otherwise what's the point of induldging in ethnic chauvinism when one has no command of the basics of their language nor a slight clue of the names of common produce that's being cultivated and sold in their home regions as well as exported to the Middle East, EU zone and some Asian countries?

    NB: no more silly, used and tired excuses about the above mentioned being one time foreign produce.

    ReplyDelete
  49. It is funny that mwarang'ethe tries so hard to potray himself as civilized when using his handle, but when he takes shape and posts as various anons with missives aimed at the oracles ilk he gets down and real dirty thinking that we can't tell it is him, talk of multiple personality.

    ReplyDelete
  50. It is common knowledge that the PNU wing is as cunning as they come. The Law is clear, the PM needs to be consulted, the question is, was due process followed when nominating the CJ, AG and DPP.

    Tribal bigots on KK will direct vitriol at the PM without due consideration. What if the PM was to make unilateral appointments, am sure people would shout themselves hoarse on the law this and the law that.

    But ultimately the justice will be served, those who think that shuttle diplomacy and the AU will save their KKK will be in for a rude shock, they should be asking themselves will they get a unanimous resolution from the UN security council?, what are the chances of that happening?

    Our new constitution is also very clear, even if they get a deferral for one year the cases will NOT have been resolved, so that locks out WSR and UK out, the hague train will reach its destination.

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  51. "Leadership has to come from out of people who are already out there, because most of us are under 30. ... But now they recognise that we're in the streets, and they are taking us seriously."

    What do we make of people, characters, diasporans, self-styled exiles, last-minute activists, wannabe revolutionaries and individuals like Mohammed ElBaradei?

    Are they political enterpreneurs, political opportunists, circling vultures in wait of regime change, or real reformists, revolutionaries and agents of change?

    Who are bound to become Kenya's versions of Mohammed ElBaradei and Mohammad El-Beltagy if all fails or falls short after December of 2012?

    The twenty million euro question is, will the old guard, older opposition leaders from across the spectrum fall in behind the would be Internet savvy-young political organizers that will be gathered around Nairobi, Mombasa, Nakuru, Kisumu, Eldoret, Nyeri, Nanyuki, Murang'a, Kakamega, Embu, Machokos, Voi, Busia, Kiambu, Garissa, Moyale, Naivasha, Busia, Marsabit, Bungoma, Kisii, Kericho, Narok etc for days and weeks of street protests that will ignite a full-scale uprising should all fail again after December of 2012?

    Will the future generation of Kenyans under the of thirty, not fourty or fifty, take up the mantle, call the shots, become effective leaders and also remain at the vanguard behind the scenes of a decades-old opposition movement that have been previously dominated by figures in their sixties, seventies and eighties?

    Or will Kenyans allow the usual tribal chiefs, political vultures, warlords and current deep seated ethnic divisions to be re-echoed across the country as was the case during one of Kenya's darkest hour, PEV?

    ReplyDelete
  52. @ anon 7.29am
    Interesting angle mmmmmh! Hadn't thought of it that way, that means Uhuru and Ruto are out of the race for PORK ,OUCH!!! I can already foresee arrest warrants being issued woolala and we know Mr. Kati Kati wont make it, so the trump card must be Kijana Wamalwa.

    Maina Njenga can also not be wished away, too bad that Ruto and Uhuru are now OUT, those night meetings on thika road are for sinister motives, a political assasination can NOT be ruled out. The Mafia are capable of anything and their kinsmen know it.

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  53. Thug Raila is again turning to the the usual cry baby when Kibaki anamkonjolea. He behaves like he never transitioned from a lad to a man.

    ReplyDelete
  54. Muthaura is the brain behind all the blunders the president seems to be making.The day he was named as one of the people who committed genicide he is is very determined to make sure thathe does not go to the Hague.He wants the cases to be refered here.The people who will be in charge are his buddies.One of them was his lawyer.Tell me if he would be prosecuted.
    kenyans should demand that the guys who were mentioned on the Ocampo list be relieved of their posts.This way we will move forward.
    If this does not happen we may easily go the Egypt,Tunisia way

    ReplyDelete
  55. Kibaki for 2012!
    Kibaki Tosha!!!
    x
    Phil's Mistress

    ReplyDelete
  56. Key judiciary body rejects Kibaki nominees


    Judicial Service Commission wants names of nominees to key jobs withdrawn, asks President Kibaki and Prime Minister Raila Odinga to put Kenya first and reconsider their respective positions.

    The Commission met on Monday and released a statement asking for a fresh start and that the two leaders reconsider their positions.

    President Kibaki on Friday nominated Court of Appeal judge Alnashir Visram to be Chief Justice, Prof Githu Muigai as Attorney General, and Kioko Kilukumi as Director of Public Prosecutions. But Mr Odinga has come out to state that he was not consulted in the nominations as required by law, sparking a controversy.

    Under the country's Constitution the Commission has an oversight role over the justice system.

    In a statement read by the JSC secretary Lydia Achode in the presence of the other members, JSC said the process of nominating the three had attracted concern and misgivings after the two principals - President Kibaki and Mr Odinga - publicly disagreed over whether consultations had taken place.

    "The Kenyan people must start the new era heralded by the Constitution in a right footing," Mrs Achode said.

    "There is an urgent need of a rethink and to put the country first," she said.

    The JSC position is that the process of filling the vacancies must be legitimate, enjoy public confidence and acceptance.

    ReplyDelete
  57. All this noice is about the absence of a luo in that list. About two weeks ago Miguna penned an article titled: JSC has no role in appointmnt of cj, ag. He was hoping that the posts would be shared between kibaki and raila. Give them deputy cj. I wonder whether raila has ever suggested a non luo for appointment to any post.

    ReplyDelete
  58. The issue has nothing to do with absence of a Luo, Taita, Giriama, Dingo, Bajuni, Bulushi, Pokomo, Teso, Pokot, Marakwet, Turkana, Somali , Rendile, Maasai, Samburu, Ormo, Bukusu, Maragoli, Wanga, Tiriki, Isukha, Meru, Embu, Kisii, Kuria or Borana name.

    But "It's not about the credibility of the individuals appointed but the process [Martha Karua, @6:14 PM] and the manner in which the appointment were made.

    "The process of filling key positions in the Judiciary - and every whereelse - must be competetive, and not just names being banded around, [Martha Karua, @6:14 PM] or worse, bull (horse) trading between Raila Odinga's ODM camp and Mwai Kibaki's PNU camp at the expense of developing strong, independent and democratic institutions in Kenya.

    The two, Raila and Kibaki, must be challeged in parliament and castigated by the general public for playing games with nation's future.

    ReplyDelete
  59. Anonymous said...
    All this noice is about the absence of a luo in that list. About two weeks ago Miguna penned an article titled: JSC has no role in appointmnt of cj, ag.

    xxxx

    Here is Miguna's article:

    http://is.gd/he226A

    xxx

    In it, one can see so much DELUSIONS. Sample this:

    "The powers of the “President” under section 166 aren’t vested on the current President, who shares power equally in a coalition arrangement with the Prime Minister pursuant to the National Accord and Reconciliation Act.

    During the transitional period, the mechanisms of appointing new constitutional office holders are contained in the Sixth Schedule. Subsection 24(2) of the Sixth Schedule states that: “A new Chief Justice shall be appointed by the President, subject to the National Accord and Reconciliation Act, and after consultation with the Prime Minister and with the approval of the National Assembly.” Subsection 24(3) states that: “Subsection (2) also applies if there are further vacancies in the office of the Chief Justice before the first general elections under this Constitution.”

    After that quote, Miguna goes on to say this:

    "It means that the President and the Prime Minister must consult and agree/concur on the person to replace the current Chief Justice. It also means that both Principals must consult and agree on any other replacement(s) of the Chief Justice before the 2012 elections. That is, in the unfortunate event that whoever is appointed dies before the 2012 elections."

    Now, how does word consult become agree/concur???

    xxx

    And, we are not yet done for we read this:

    "Perhaps we should conscript a foreign jurist with impeccable scholastic, juridical and administrative expertise and experience to guide assist us establish a credible Supreme Court; clean up the judiciary and restore Kenyans’ confidence in our justice system.

    To insist, like a section of the LSK has done, that the next CJ must be an indigenous Kenyan, is to be stuck in the muck in the middle of the Atlantic Ocean without a clue on how to get out with a storm approaching. It’s dangerous, reckless and foolish."

    According to Miguna, what we need is a foreign lawyer "to guide assist us establish a credible Supreme Court; clean up the judiciary and restore Kenyans’ confidence in our justice system."

    In this, we can see his assumption, and which Kenyans have swallowed that, if only, we could have better men than Gicheru, Kibaki, Moi etc, we will be fine.

    No, no. Thats another DELUSION. There is nothing wrong with Kibaki, Raila, Gicheru, Moi etc.

    ReplyDelete
  60. There are twenty million experts in our midst who are well versed in the science of postulating, pontificating and expostulating on all things Kenyan politics.

    While there are only twenty or thirty experts who are capable of guiding the country in the other important arenas of daily national life, and that's where the real danger lies for the country's future stability.

    Institutions like the DLS ("Dead Lawyers' Society") aka LSK ("Low Society of Kenya") are the ones in real need of being overhauled.

    The LSK have always let the country down when and where its members were wanted or needed most.

    Unlike their counterparts in Tunisia, Egypt, Sri Lanka and Pakistan, who have shown their true colours, risked their legal careers and lives for the sake of seeking stronger and independent institutions as well as real change for their beloved nations.

    While the LSK and it's legions of members continue to induldge themselves in elitist and cliquish games of musical choirs in defence of the overrated status quo.

    To insist ... that the next CJ must be an indigenous Kenyan is nothing but a self-serving slogan for the closeted political-cum-ethnic opportunists entrenched within the LSK.

    If I may, how does a person who undertook their primary, secondary, high school and university education in Kenya be considered an outsider or "an exotic"?

    Wapende wasipende, the newly appointed CJ is a son of the soil as in INDIGENOUS: naturally existing in a place or country rather than arriving from another place or another planet.

    And he (CJ) is as Kenyan as Omido, Obilo, Macua, Kithome, Kiplagat, Lukorito, Chacha, Wepukhulu, Muli, Kajwang, Ballu, Singh, Wainaina, Lepakeres, Mucheru, Mwakisha, Imran, Makhanu, Kalonzo, Obala, Nyabere, Abdi, Wanyeki, Tiampati, Kunyuku, Mushimba, Tongi, Kiragu, Owenga, Mwachofi, Omala, Gitau, Gatamuka, Muturi, Kimedera, Okulu, Matendechere, Mwangagi, Mwamburi, Orengo, Saburi, Nzuii, Masinde, Omamo, Mwamunga et al can get.

    Let LSK try some other new legal trickery in their attempts to retain their old ways of doing business in the name of punda (mule) trading when it comes to filling top plum slots in the judiciary.

    ReplyDelete
  61. CIC declares Kibaki's judicial nominees unconstitutional

    The Commission on Implementation of the Constitution, headed by Charles Nyachae.

    Commission on the Implementation of Constitution has declared President Kibaki's action of naming nominees to top judicial positions as unconstitutional.

    The Commission, mandated to oversee the implementation of the new constitution, said that the process of nominating the new Chief Justice should be initiated by the Judicial Service Commission and not the President.

    "The process of appointment should commence with recommendations by the Judicial Service Commission to the President who in turn should consult the Prime Minister after which the President forwards the name of the nominee to the National Assembly for approval before final appointment by the President.

    "The role of the Judicial Service Commission in the appointment of the Chief Justice should be respected and the Commission allowed to undertake the function reserved to it by the constitution," the Commission said in a paid advertisement scheduled to appear in Tuesday's newspapers.

    Further, the Commission said that new appointees for the position of Attorney General, Director of Public Prosecution and Controller of Budget require the President to consult the Prime Minister prior to appointment, subject to the National Accord and Reconciliation Act. The process of appointment should also reflect the letter and spirit of the constitution.

    "Only if the above processes were followed would the nominations be constitutional," the advertisement said.

    ReplyDelete
  62. The CIC needs to re read the constitution line by line especially the sixth schedule , the "committee of experts" messed up big time that's why we find ourselves in this mess.

    ReplyDelete
  63. Panuas can fool some people but not all people all the time.
    Lets see this uncontitutional nomination of CJ (Wako and Gicheru signed the statement to say Pumbavu is wrong).
    Chest Thumpimg will not help.
    Even if Raila was "consulted"-see EA stad cartoon, the due process was not followed.Th Judicial commission was not involved.
    May Pumbavu burn in Hell before setting Kenya on fire.

    PNU may have the numbers in Parliament, but it is no longer about the silly MPs but about Kenyans who voted in the new Katiba.

    Seems the only person to slow/stop the fires is Raila.
    I dont like him, but PNU loses to him all the time.
    In the eyes of Kenyans (Yes voters),Pumbavu is wrong whilw Raila is right.
    we have a new Katiba that must be followed.

    PNU/Pumbavu have undone their "shuttle " diplomacy! by this silly unilateral action by Pumbavu.Why is he not talking but sending "professor kimya" to speak in this so important situaion? Lucy and Moi were right. Saitoti is useless as they come.Or is it the Mbari ya mumbi blood in him?

    ReplyDelete
  64. Kilukumi knows the lwa. He is the right person for appointment, but his hands tied by silly PNU


    He( Kilukumi), however, told the court that should his nomination fail to go through for any reason, he would resume his role in defending Ruto.

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  65. Yes indeed, Kilokumi has his hands and legal options tied with uzani wa uzito kilo kumi in defence of his major client. I wish you him luck.

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  66. Will what's unfolding benefit the common good and rest of the country in both the short term and long term?

    LOL!
    I am so and so, the AG is my uncle,
    our neighbour,
    went to school with my father, used to live in the house next door,
    his children went to school with children,
    as a matter of fact we attended the UoN at the same time,
    he used to play on our badminton, his cousine twice removed is the sister-inlaw to uncle's second wife,
    we used to ride the same matatu to work,
    I used to buy him some beers at the PUB,
    he knows me very well, just tell him my name,
    we related and belong to the same clan,
    I know more about him than people will ever know.

    ReplyDelete

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