Kenya cannot survive a supremacy war between its institutions. ~ Raila Odinga
- Thread starter Meria
- Start date
Did you forget keweka hio "specific" quotation? Kwa sababu nimetafuta this kwenye hizo barua zote tatu lakini sikuiona.
It's Me Scumbag
Elder Lister
I thought my myopia was playing games with me...could also not find that statement about specifics and integrity.
Huyu mama hananga akili but this is true. Why not recommend their recoval to JSC instead of using the court of public opinion? Judges are defenceless ikifika ni mambo na pang'ang'a
Mwalimu-G
Elder Lister
Wouldn't they be prejudiced now that they have already expressed their outrage at their work being revised?
The JSC only looks at the threshold of the accusations. All the investigations are done by a tribunal which the president himself selects the members. Sjui mbona ni mzigo kwa hawa watu
Mwalimu-G
Elder Lister
After looking at the threshold? Remember Mwilu is still serving as DCJ with a criminal case gathering dust in the Judiciary's shelves. You would have thought she would have at least been asked to step aside for a speedy trial and acquittal if indeed innocent.
As i said, izo ni visingizio. The govt has an upper hand in removing her. Have you ever heard DPP write to JSC regarding her? Why haven't he written? Unakumbuka Ojwang was accused by a common raiya like me and the JSC recommended for the formation of tribunal? This mwilu saga makes me think izo cases zote ni siasa.
Btw, the way JSC as currently constituted is a department of executive.
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Mwalimu-G
Elder Lister
If indeed ni masingizio all the more why they should have allocated them trial time so that she is acquitted. Hii ingine ni kelele.
Who to allocate trial time? How important is this case for it to be expedited? Because of public interest? Unanishangaza sana
Mwalimu-G
Elder Lister
Exactly.
How now? What makes a case be termed as a public interest case? How many talk of it? How many cases have you ever heard classifed in this category except the BBChieth thing? You argue for nothing.
That's not the question we should be asking.
The question is what does the constitution say in regards to what is happening (because it's not silent)
The President can't cherry pick JSC recommendations. That's a dangerous precedence.
What if the CJ decides not to swear in the Auditor General next time?
UHURU is in open defiance of the constitution. We can't debate unconstitutionalism!!!
He is going against his oath of office where he swore to uphold the constitution.
Mwalimu-G
Elder Lister
You have taken us back to square one. What did the President's rejection memo say and why has JSC ignored it insisting on the judges being appointed first? Okay, I know you'll say the the President should obey the law first. What have we learnt from the stalemate for the last two years? Shouldn't that lesson guide us?
My friend, the constitution lays bare mechanisms for dealing with rogue judges. If the judges are in any wrong, there is constitutional guidance and precedence.
What the constitution does not allow is for one man to play God over the constitution and play things his way.
Do you get that?
The reason the constitution has mechanisms that MUST be followed is to keep rogue presidents from gagging the judiciary.
It doesn't matter what the memo says, there is mechanism for that.
The President's role in this is strictly ceremonial. He has no say either way. He is like the CJ when swearing in the Chief Auditor. His opinions don't matter