Auditor General. TZ v Kenya

Okiya said:
Do these background checks stop when one is in office? How come we don't hear people get fired once in office? Everyone knows someone in government living a lifestyle that doesn't match their JD
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Some do, like KRA and
Okiya said:
Do these background checks stop when one is in office? How come we don't hear people get fired once in office? Everyone knows someone in government living a lifestyle that doesn't match their JD
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It continues for some sensitive departments like KRA and anti-corruption guys. The judiciary could choose to implement a similar internal mechanism but its firmly in the hands of cartels.
 
wrongturn said:
enlighten me, who control JSC? you mean CIC and his brother can't marshal enough numbers in parliament and disband JSC?or water it down? kumbe there's a powerful figure(s) than CIC in kenya? I thought we gave him the mandate thrice to hold the buck .
Si you've said judiciary is the weakest link, why not deal with it and plug it out?
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Stop pretending you don't know how the JSC is constituted! It's completely insulated from accountability to the Kenyan public.
 
bigDog said:
Stop pretending you don't know how the JSC is constituted! It's completely insulated from accountability to the Kenyan public.
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am not pretending, actually am researching why JSC is so powerful even than the president and the mps can't disband it, here are the current members, nimefika hapo, let me read more , but so far the executive has 4 members directly under it's command, hata hao wengine they just need visitation by NSIS
 
JazzMan said:
How many people have been fired for corruption?

Why was the so called fight against corruption applied selectively to fight those deemed to have fallen out with the president?

Why did the so called fight against corruption run out of steam?

Should he not have been piling political pressure on the judiciary to prosecute cases faster, seeing as he is the political leader of this country?

Macho nyanya's party has the majority in both houses of parliament. Why hasn't he pushed through stiffer anti corruption laws?

Why hasn't he pushed through changes to judiciary?

How comes his government is great at ignoring court orders but he still wants to control the judiciary? If cases were to be brought against his family, would he not direct his government to ignore court orders?

Now that he is working with ODM, why hasn't he pushed for stiffer penalties for those caught, if they will ever be caught, engaging in corruption?

Why hasn't he come out to say that it is the judiciary's fault for delaying the fight against corruption?

Why hasn't he done anything to investigate the scandals his own family have been mentioned in?

Why has he never commented on those scandals to begin with?

Why did SGR terminate on his family land?

Why was the cost of SGR inflated and yet he has done nothing about it?

Why has he not done anything about his own government officials ignoring court orders?

How can he expect the judiciary to fight corruption while he, the political leader of this country, has a government fond of ignoring court orders?

Don't let your myopia stop you from using your brain.
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The president has time and again come out strongly and asked the judiciary to do it's work.

I do agree that some prosecutions of political bigwigs might appear biased. I do not information of who between himself and his deputy is more corrupt. We can't trust words from the street, can we?

So according to you, judges should continue being corrupt because the executive ignores frivolous court orders? Jameni!
 
wrongturn said:
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am not pretending, actually am researching why JSC is so powerful even than the president and the mps can't disband it, here are the current members, nimefika hapo, let me read more , but so far the executive has 4 members directly under it's command, hata hao wengine they just need visitation by NSIS
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Which law would they use to disband it?
 
bigDog said:
Which law would they use to disband it?
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sijefika hiyo part ,bado na zidi kusoma, kumbe JSC ni just like any other commission like SRC, TSC, ,NLC, etc

(1) This Chapter applies to the commissions specified in clause (2) and the independent offices specified in clause (3), except to the extent that this Constitution provides otherwise.
(2) The commissions are--

(a) the Kenya National Human Rights and Equality Commission;
(b) the National Land Commission;
(c) the Independent Electoral and Boundaries Commission;
(d) the Parliamentary Service Commission;
(e) the Judicial Service Commission;
(f) the Commission on Revenue Allocation;
(g) the Public Service Commission;
(h) the Salaries and Remuneration Commission;
(i) the Teachers Service Commission; and
(j) the National Police Service Commission.

(2) A person desiring the removal of a member of a commission or of a holder of an independent office on any ground specified in clause (1) may present a petition to the National Assembly setting out the alleged facts constituting that ground.
(3) The National Assembly shall consider the petition and, if it is satisfied that it discloses a ground under clause (1), shall send the petition to the President.
(4) On receiving a petition under clause (3), the President--

(a) may suspend the member or office holder pending the outcome of the complaint; and
(b) shall appoint a tribunal in accordance with clause (5).

(5) The tribunal shall consist of--

(a) a person who holds or has held office as a judge of a superior court, who shall be the chairperson;
(b) at least two persons who are qualified to be appointed as High Court judges; and
(c) one other member who is qualified to assess the facts in respect of the particular ground for removal.

(6) The tribunal shall investigate the matter expeditiously, report on the facts and make a binding recommendation to the President, who shall act in accordance with the recommendation within thirty days.
(7) A person suspended under this Article is entitled to continue to receive one-half of the remuneration and benefits of the office while suspended.
 
bigDog said:
So according to you, judges should continue being corrupt because the executive ignores frivolous court orders? Jameni!
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Please quote the exact words I have typed that mean the the judiciary should continue being corrupt because the executive ignores court orders.

Whether they are frivolous or not, if he was serious about fighting corruption, his government would not have a problem abiding by court orders.
 
wrongturn said:
sijefika hiyo part ,bado na zidi kusoma, kumbe JSC ni just like any other commission like SRC, TSC, ,NLC, etc

(1) This Chapter applies to the commissions specified in clause (2) and the independent offices specified in clause (3), except to the extent that this Constitution provides otherwise.
(2) The commissions are--

(a) the Kenya National Human Rights and Equality Commission;
(b) the National Land Commission;
(c) the Independent Electoral and Boundaries Commission;
(d) the Parliamentary Service Commission;
(e) the Judicial Service Commission;
(f) the Commission on Revenue Allocation;
(g) the Public Service Commission;
(h) the Salaries and Remuneration Commission;
(i) the Teachers Service Commission; and
(j) the National Police Service Commission.

(2) A person desiring the removal of a member of a commission or of a holder of an independent office on any ground specified in clause (1) may present a petition to the National Assembly setting out the alleged facts constituting that ground.
(3) The National Assembly shall consider the petition and, if it is satisfied that it discloses a ground under clause (1), shall send the petition to the President.
(4) On receiving a petition under clause (3), the President--

(a) may suspend the member or office holder pending the outcome of the complaint; and
(b) shall appoint a tribunal in accordance with clause (5).

(5) The tribunal shall consist of--

(a) a person who holds or has held office as a judge of a superior court, who shall be the chairperson;
(b) at least two persons who are qualified to be appointed as High Court judges; and
(c) one other member who is qualified to assess the facts in respect of the particular ground for removal.

(6) The tribunal shall investigate the matter expeditiously, report on the facts and make a binding recommendation to the President, who shall act in accordance with the recommendation within thirty days.
(7) A person suspended under this Article is entitled to continue to receive one-half of the remuneration and benefits of the office while suspended.
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Wrong. JSC is not like any other commission. Just look at its composition and who nominates it's members.
 
bigDog said:
The biggest corruption enabler in Kenya is the judiciary. Why do we insist that the president does something with his hands tied at his back? Why cant we reform the judiciary?
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So the executive can't do anything about the Judiciary sio? Tuachishe upuzi ndugu. Even in the USA the executive is able to fix the Judiciary with assistance from intelligence. Stop excusing incompetence.
 
bigDog said:
Other than firing and prosecuting those caught stealing, what can the executive do? How many cases have been concluded by the judiciary? Why does the judiciary allow cases to run on and on?

Let not your hatred for the president fog your thought process. The judiciary is very independent as per current constitution. Show me one article of that constitution that allows the president to change the judiciary


That is not true. Only the JSC can ask the president to form a tribunal. The president cannot do it out of his own initiative. You know who controls the JSC, don't you?
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What can the President do?

1. Strengthen internal controls through Treasury which he controls 100%, it is much more cheaper and effective preventing theft than investigating, prosecuting and trying thieves.

2. Form a multi-agency taskforce bringing every party with a role in the war against corruption to the table with the President heading as Head of State.

Come up with a shared vision, targets and a roadmap. Make it public too so that the public can direct their ire at the culprit.

Simple.
 
Mr Black said:
What can the President do?

1. Strengthen internal controls through Treasury which he controls 100%, it is much more cheaper and effective preventing theft than investigating, prosecuting and trying thieves.

2. Form a multi-agency taskforce bringing every party with a role in the war against corruption to the table with the President heading as Head of State.

Come up with a shared vision, targets and a roadmap. Make it public too so that the public can direct their ire at the culprit.

Simple.
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Your number one point should've been:
1. The president and his family to stop stealing....
 
Montecarlo said:
No sir. There's no institution in a country that is insulated. There are formal and informal mechanisms of dealing with stubborn idiots in institutions......
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6/11 members are from judiciary.
2/11 members are Lawyers (LSK)
1/11 member from the executive (AG)
2/11 members represent the public.

Dont you see a problem with that? The judiciary has absolute control of the JSC. They don't have to be accountable to anyone other than themselves!
 
bigDog said:
6/11 members are from judiciary.
2/11 members are Lawyers (LSK)
1/11 member from the executive (AG)
2/11 members represent the public.

Dont you see a problem with that? The judiciary has absolute control of the JSC. They don't have to be accountable to anyone other than themselves!
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Surely mista, the same presdent who refuses to adhere to judicial orders has the moral duty to tell it to do its job? Ona we tiga itheru
 
bigDog said:
6/11 members are from judiciary.
2/11 members are Lawyers (LSK)
1/11 member from the executive (AG)
2/11 members represent the public.

Dont you see a problem with that? The judiciary has absolute control of the JSC. They don't have to be accountable to anyone other than themselves!
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executive has 4 directly under it's control.
, the rest ni wakuchuna tu na wanaingia laini,
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hata nakumbuka mugenda akipewa nomination, lsk walipiga kelele but they can't do shit
 
bigDog said:
BBI includes some judicial reforms, like an Ombudsman with real power to discipline judges.
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2014- Auditor General questions 1/3 of 2013 expenditure. Uhuru: my hands are tied.

2015: my hands are tied

2016: munataka nifanye nini?

2017: After election nulification. "We shall revisit"

2018: my hands are tied

2019: my hands are tied

2020: my hands are tied

2021- Kipindi cha lala salama: We want to introduce ombudsman to help us fight corruption

Why didn't he bring BBI in 2013 and tell us that it will help him fight corruption?

If you believe the BBI is about fighting corruption the joke's on you
 
Field Marshal said:
Bonobos are ferking interesting. Just ferking interesting. So it's Uhuru's fault all your ferkers are thieves? You turn away your eyes kidogo, your phone disappears. Your pick-up overturns and you are trapped, 'first-responders' first loot your sodas. You plant maize near a village footpath? Funny people harvest it at night. Etc etc ad nauseum.

WHY CAN'T YOU BONOBOS AGREE THAT YOU HAVE A SOCIETAL PROBLEM AND DEAL WITH IT FROM A SOCIETAL STANDPOINT instead of endlessly blaming one person as if he could wave a wad like Jesus to make it all go away. Before that you blamed Kibaki, now you blame Uhuru, and after 2022 you'll blame someone else.

I don't know whether its low IQ or sheer laziness but anybody with a brain knows that the biggest impediment to Kenya's corruption problem today is the Judiciary. Let me give two examples.

ODPP has filed more than 1,500 high profile cases expecting convictions but what does he get? Court cases going on for 5-10 years. Only one judge - Mumbi Ngugi - seems to be doing her job. The situation has become so bad that none other than Matian'gi has said that judges are stalling gavament programmes through needless judgements. Nowhere in the world does somebody who has killed somebody else and hid for two years, or is suspected of terror crimes, given bail. Except of course in Kenya. @Pamba ebu remind me of that killer who was recently given bail despite the prosecution protesting that he was a flight risk who had run away for more than 24 months?

Second example which actually buttresses the first.

The gavament has introduced very far reaching reforms for the tea sector. Parliament debates them and passes them. KTDA directors file more than 10 cases against the gavament and farmers, AND FUNNILY WIN ALL OF THEM! What are the odds?

And yet when Uhuru tries to cure this problem with the introduction of a judicial obundsman you again turn around and say he's a dictator.

Now Uhuru is an incompetent fool, that I agree. But let's use our brains and condemn everybody for their own sins. One man cannot carry the sins of 47 million people. You don't hear anybody in the US condemning the president for corruption when it happens say in the FDA. But here - true to bonobo low IQ kneejerk shit - we expect the president to be a messiah who is everywhere, all-seeing and all-powerful.

Really shows the kind of low-intellect organisms that we are.................
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Tell them sir tell them! Wizi iko kila pahali. I've had to fire more than 3 people in a simple construction project! We have a problem of stealing in our culture.
 
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