AG Kihara responds to CJ Maraga
- Thread starter Meria
- Start date
Mwalimu-G
Elder Lister
Maraga will not react, his cheerleaders will pretend they have not seen the AG's rebuttal and continue cheering. Another two days of politicking in .ke until something new comes up.
And muthamaki cheerleaders will pretend not to have noticed that the AG is trying to save the face of the president
Mr Black
Elder Lister
Notice the parts where the AG refers to "inter-agency linkages and liaisons" in page 2, that is where the devil is, in (2) he alludes to some responsibilities being assigned to government ministries and department's including the Judiciary.
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Mwalimu-G
Elder Lister
The arms may be independent but they depend on each other for example the courts rely on police to effect their orders...the police cannot say that the court cannot direct them because they are in the executive.
is it a case of courts relying on police to effect their orders or is it citizens depending on police to do the same.
If dependency was required why do we have independent institutions in the first place, I think we use that dependency and inter departmental workings to rubbish the independence that was set out in the first place, its not about judicially depending on the executive or the latter not taking orders from the former, its about the institutions working for the greater good of the citizens.
If dependency was required why do we have independent institutions in the first place, I think we use that dependency and inter departmental workings to rubbish the independence that was set out in the first place, its not about judicially depending on the executive or the latter not taking orders from the former, its about the institutions working for the greater good of the citizens.
Mr Black
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.
Mwalimu-G
Elder Lister
i think we ought to stop here. i haven't had a chance to go through the order too.
Mwalimu-G
Elder Lister
The independence is as far as who gives who instructions and what those instructions are for. But there is interdependence in as far as each organ needs the other for it to be effective. In an example, how effective would the judiciary be if there was no one to effect/enforce its orders which is done by the executive organs?
I would disagree with you on the interdependence, there should be none and that is how the constitution was laid out, the focus was on independent institutions, a judge should not have to make a ruling thinking of whether the executive will respect it or not, or how the executive will feel about it, otherwise they will have to be biased.
The whole idea with independent institutions is that they are independent, they make decisions independently. On enforcing orders, the executive does not do that for the judicially, they do it for the citizens who take their issues to the judicially for a fair hearing, the judicially effectiveness is with them issuing case determinations, their effectiveness should not be measured by how the executive feels about the same, so as long as they give their rulings they are effective, if they dont or delay then they are ineffective.
Mwalimu-G
Elder Lister
I have heard the courts order the commissioner of police to arrest and present before court someone they deemed to be in contempt. I rest there.
of course at some point egos get in the way and each one wants to show the other who is boss, but at the end of the day for the beef to get to those levels it starts with a citizen presenting their case before the courts, so both parties work for the citizens whether its giving determinations or enforcing the same its for the citizen.
It's Me Scumbag
Elder Lister
This can go on and on and on n like the Duracell battery. There is some tail measuring contest going on and ChamOne is the conduit of someguys in his government.
bigDog
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?
Pseudonyms
Elder Lister
"The manner in which the judiciary operates cannot be the subject of an Executive Order. The Judiciary is neither a ministry nor a government department which can be "organised" by an Executive Order." - Maraga
The keyword is underlined.
Uhuru had hoped to sneek in powers that are not his.
Again, Uhuru cannot organize the judiciary and do it lawfully.
Mwalimu-G
Elder Lister
okay...but my point was on the interdependency of government organs, or arms of government if you like.
So in 57 yrs of independence, it took the President an executive order to know there should be interdependency? How have they been operating, hiyo miaka yote? We read bullshit from miles