AG Kihara responds to CJ Maraga

Pseudonyms

Elder Lister
okay...but my point was on the interdependency of government organs, or arms of government if you like.
No one is arguing with interdependency. No ministry is an island. They all depend on each other.

For example, the police department depends on the ministry of education to tell them who got D-. But Magogha cannot organize which D- goes to ASTU and which goes to man roadblocks.
 

Mwalimu-G

Elder Lister
No one is arguing with interdependency. No ministry is an island. They all depend on each other.

For example, the police department depends on the ministry of education to tell them who got D-. But Magogha cannot organize which D- goes to ASTU and which goes to man roadblocks.
Exactly. If you noticed in an earlier post i said i haven't seen the executive order so your assertions on organizing are strange to me and therefore i cannot comment.
 

MkukiMoto

Elder Lister
This reminds me of past experiences in my village when fencing one's property was not common.

There was always at least one neighbour who would ever so carefully each season encroach on the other side and steal more land/soil. If confronted why they did it, they would just protest " ati ni makosa ja jembe, na shida kakuna" . The piece of land they incrementally took over was so tiny that people never wanted to get into a fight. However, over about five years period "unapata mpaka ya shamba nikama S-shaped instead of a straight line.

Those who engage in encroachment do it knowing they will get away with it. On the other hand, for the target of the silly game, the sleight of hand of the grabber is a bit of an irritant. Both men and women did this and it was always hard to confront a grandmother !

Back to the President and our Chief justice, it looks like Uhuru the person not the President and CIC of Armed Forces, enjoys getting under the CJ's skin. He knows most people will wonder why Maraga " analeta hasira miingi kwaa hii manenos kidogo" and mis-understanding according AG Kihara.

Uhuru's actions are an irritant to Maraga which the CJ is finding really hard to contain inside him.
 

Meria

Elder Lister
Staff member
This reminds me of past experiences in my village when fencing one's property was not common.

There was always at least one neighbour who would ever so carefully each season encroach on the other side and steal more land/soil. If confronted why they did it, they would just protest " ati ni makosa ja jembe, na shida kakuna" . The piece of land they incrementally took over was so tiny that people never wanted to get into a fight. However, over about five years period "unapata mpaka ya shamba nikama S-shaped instead of a straight line.

Those who engage in encroachment do it knowing they will get away with it. On the other hand, for the target of the silly game, the sleight of hand of the grabber is a bit of an irritant. Both men and women did this and it was always hard to confront a grandmother !

Back to the President and our Chief justice, it looks like Uhuru the person not the President and CIC of Armed Forces, enjoys getting under the CJ's skin. He knows most people will wonder why Maraga " analeta hasira miingi kwaa hii manenos kidogo" and mis-understanding according AG Kihara.

Uhuru's actions are an irritant to Maraga which the CJ is finding really hard to contain inside him.
Kuhatika muhaka.
And now this.
LSK President Nelson Havi says the Executive Order No 1 is Unconstitutional.

He has given the Executive 7 days to rescind or he will challenge it in Court.

Grab more popcorn
 

Mr Black

Elder Lister
Is he required to do it by the constitution? How can you call for goodwill when you instinctively throw dirt at your president?
Begin by reading clause 160(1) of the Constitution which explicitly states the Judiciary shall be free of control or direction by anybody or authority, that alone bars the President from assigning any responsibilities to the Judiciary, only parliament can do that by making new laws, the Judiciary and the Public would then have the chance to give their input whether during the public participation stage.

The only way the national governmemt gets a say on the administration of justice is through 172 (1) (e) which explicitly states the JSC can advise the national government on ways to improve efficiency of the adminstration of justice, the President therefore can engage the Judiciary through the Attorney General who sits in the JSC and is practically the Executive arm's representative, that is where consultation should happen, not in the public domain.
 

MkukiMoto

Elder Lister
Kuhatika muhaka.
And now this.
LSK President Nelson Havi says the Executive Order No 1 is Unconstitutional.

He has given the Executive 7 days to rescind or he will challenge it in Court.

Grab more popcorn
Kenya lawyers do not disappoint when an opportunity to seek public limelight presents itself.
Lakini Okiya-the activist, must not be happy right now with Havi. Rushing to the high court seeking orders is the bread and butter of mzalendo mkuu Okiya.
Ofcource not our own Okiya-chief_KLister
 
Last edited:

Othello

Elder Lister
He wasn't president in those 57 years 🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣
Niaje scampaka. What I abhor is this kind of sychopancy and utter nonsense. Unadefend mtu even when it is untenable. Ama judiciary na hizo constitution offices zlianza kazi May 10 so that he can guide them on what to be doing on May 11? Gathisha (or whatever you can call him) wants to take over everything. He took over parliament and these sychopants(or are they psychopaths?) clapped. He now wants to take over judiciary and they are happy about it. Remember it is now maybe more than an year since the last court order was obeyed. And they were clapping as well, even when houses of people were being brought down at night, in the middle of a pandemic. And if it was someone else, say Moi, their loud mouths would be bickering, shouting, yelling and gnashing their teeth.
 

bigDog

Elder Lister
Begin by reading clause 160(1) of the Constitution which explicitly states the Judiciary shall be free of control or direction by anybody or authority, that alone bars the President from assigning any responsibilities to the Judiciary, only parliament can do that by making new laws, the Judiciary and the Public would then have the chance to give their input whether during the public participation stage.

The only way the national governmemt gets a say on the administration of justice is through 172 (1) (e) which explicitly states the JSC can advise the national government on ways to improve efficiency of the adminstration of justice, the President therefore can engage the Judiciary through the Attorney General who sits in the JSC and is practically the Executive arm's representative, that is where consultation should happen, not in the public domain.
My understanding of the issue is that the President directed that the point of contact between the executive and the judiciary is department D. Department D is within the executive. The coordination also requires that that the judiciary also appoints an a department C that's equally endowed to engage department B wholesome.

I think someone is trying very hard to be the flower girl.
 

It's Me Scumbag

Elder Lister
Niaje scampaka. What I abhor is this kind of sychopancy and utter nonsense. Unadefend mtu even when it is untenable. Ama judiciary na hizo constitution offices zlianza kazi May 10 so that he can guide them on what to be doing on May 11? Gathisha (or whatever you can call him) wants to take over everything. He took over parliament and these sychopants(or are they psychopaths?) clapped. He now wants to take over judiciary and they are happy about it. Remember it is now maybe more than an year since the last court order was obeyed. And they were clapping as well, even when houses of people were being brought down at night, in the middle of a pandemic. And if it was someone else, say Moi, their loud mouths would be bickering, shouting, yelling and gnashing their teeth.
Hold ya horses nanii...if you have been noticing my comments when this personality is being discussed,you would know what my opinion is...
I guest I should fashion a'this is a joke' disclaimer before commenting on your input regarding this personality and his action.

And I detest your assumption that I AM DEFENDING THE INDEFENSIBLE JUST BECAUSE I AM KIKUYU!!!!!

That's being totally myopic if you ask me...
 

bigDog

Elder Lister
Hold ya horses nanii...if you have been noticing my comments when this personality is being discussed,you would know what my opinion is...
I guest I should fashion a'this is a joke' disclaimer before commenting on your input regarding this personality and his action.

And I detest your assumption that I AM DEFENDING THE INDEFENSIBLE JUST BECAUSE I AM KIKUYU!!!!!

That's being totally myopic if you ask me...
You dont have to argue with every drunk kwa mung'etho! Some will claim you slept with "whoever is appropriate including their whomever " just.to gain mileage. Then you will be dragged across senate accused of denigrating your intellect. Some wars are meant to be done using mud which is beneath your calibre sir.
 

Othello

Elder Lister
Hold ya horses nanii...if you have been noticing my comments when this personality is being discussed,you would know what my opinion is...
I guest I should fashion a'this is a joke' disclaimer before commenting on your input regarding this personality and his action.

And I detest your assumption that I AM DEFENDING THE INDEFENSIBLE JUST BECAUSE I AM KIKUYU!!!!!

That's being totally myopic if you ask me...
Hehe...I wasnt referring to you as well😂😂. Was referring to those who are celebrating authoritarianism. I know your position
 

Othello

Elder Lister
You dont have to argue with every drunk kwa mung'etho! Some will claim you slept with "whoever is appropriate including their whomever " just.to gain mileage. Then you will be dragged across senate accused of denigrating your intellect. Some wars are meant to be done using mud which is beneath your calibre sir.
Aki unajionanga ka unajua sana. Nyamenya, you don't know shit. I have called you out for the longest time for your bullshit! Sometimes kunyamaza is a virtue. And by the way, your handle resembles your thinking
 

Mr Black

Elder Lister
My understanding of the issue is that the President directed that the point of contact between the executive and the judiciary is department D. Department D is within the executive. The coordination also requires that that the judiciary also appoints an a department C that's equally endowed to engage department B wholesome.

I think someone is trying very hard to be the flower girl.

My understanding of the issue is that the President directed that the point of contact between the executive and the judiciary is department D. Department D is within the executive. The coordination also requires that that the judiciary also appoints an a department C that's equally endowed to engage department B wholesome.

I think someone is trying very hard to be the flower girl.
You must go back to the Nyayo error to truly appreciate the need for the Judiciary to be completely independent of direction or control. The constitution we gave ourselves demands the Judiciary resists even harmless directions, not even one.
 

Nattydread

Elder Lister
Without the Executive Order we do not know what exactly these responsibilities are but one has to wonder why the President failed to reach out to the his counterpart in the Judiciary when crafting new policy that directly affects his institution, that goes against the spirit of consultation which is a hallmark of the very Constitution he purports to want to implement faithfully.

When he decides to use the National Assembly to craft legislation that forbids selling of fresh milk in villages, does he tell the farmers?

Let us face it:

* The handshake was unconstitutional. BBI is unconstitutional.
* The mpende-msipende referendum they want to force is unconstitutional.
* The 'merger' with KANU is unconstitutional.
* Giving Wanjigi and JaKuon 6 billion under the guise of 'Huduma number' was unconstitutional.
* Taking away Ruto's duties and budgets is unconstitutional (in spirit).

We must prepare to do what they did in Burundi to make Nkurunziza change his mind about clinging on. Uhuru, JaKuon and Moi are on a path to desecrating the constitution for their personal ends.

Remember these words:

'I have to also say that Africa's democratic progress is also at risk when leaders refuse to step aside when their terms end,' Obama said. 'Now, let me be honest with you — I do not understand this. I am in my second term. It has been an extraordinary privilege for me to serve as president of the United States. I cannot imagine a greater honor or a more interesting job. I love my work. But under our Constitution, I cannot run again. I can't run again. I actually think I'm a pretty good president — I think if I ran, I could win. But I can't.'

"Obama added: 'The point is, I don't understand why people want to stay so long. Especially when they've got a lot of money.'

"Obama praised Nelson Mandela, and George Washington for setting an example of handing over power.

" 'I'm looking forward to life after being president,' Obama said. He said it would mean more time with his family. And more chances to visit Africa."


 
Last edited:

bigDog

Elder Lister
You must go back to the Nyayo error to truly appreciate the need for the Judiciary to be completely independent of direction or control. The constitution we gave ourselves demands the Judiciary resists even harmless directions, not even one.
The biggest threat to the judiciary is corruption not executive control. JSC is unwilling or too compromised to crack the whip against errant judges and magistrates. Many of them are not on your side! For example, why is it that we have a very high conviction rate for road traffic offences? Why is that lady justice still in office? Why can't she 'step aside' like we expect politicians to do.

Maraga was just crying wolf. He was just being told where to be delivering memos when he needs to address the executive. If that's being directed then he needs a lot of directing.

Dont even compare the current judiciary with Moi's judiciary.
 
Top