Auditor General. TZ v Kenya

Montecarlo said:
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.
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Which law would the executive use? We are not the USA. Judges in the USA are SELECTED by the president. In kenya, judges are Selected by the judiciary. Prove me wrong!
 
wrongturn said:
read the list, see who nominated them or I make it easy, 2 were nominated by the president, then ongeza psc nominee na AG, those are 4 already.
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I did your homework for you, the nominees in details are:

From the Judiciary
1. The chief justice
2. The deputy chief justice
3. A representative of the supreme court.
4. A representative of judges.
5. A representative of magistrates.
6. The judiciary registrar.

LSK
7. A man representative
8. A woman representative.

The executive
9. The attorney general.
10. One public representative appointed by the PSC.
11. One more representative appointed by the the PSC.

Sell me another lie!
 
bigDog said:
Leta wrink!
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budaa bana ,sinimekuwekea screenshot twice on the current composition and who nominated them, nini hauelewi ?


The current membership of the JSC is as follows:[3]

  • Prof. Olive Mugenda - Nominated by the President, representing members of the public - Acting Vice Chair of the Commission
  • Justice Philomena Mwilu, Deputy Chief Justice, Judge of the Supreme Court of Kenya - Elected by, and representing Judges of the Supreme Court
  • Justice Mohamed Warsame, Judge Court of Appeal of Kenya - Elected by, and representing Judges of the Court of Appeal
  • Justice David Majanja, Judge of the High Court of Kenya - Elected by, and representing Judges of the High Court
  • Justice Rtd. Paul Kihara Kariuki, Attorney General of the Republic of Kenya - Ex Officio
  • Mr. Patrick Gichohi - Representing Public Service Commission
  • Hon. Everlyne Olwande, Chief Magistrate - Elected by, and representing Magistrates
  • Mr. Macharia Njeru, Advocate of the High Court of Kenya - Elected by, and representing the Law Society of Kenya
  • Mr. Felix Koskei - Nominated by the President, representing members of the public
  • Hon. Anne Amadi, Chief Registrar of the Judiciary, Kenya - Secretary to the Commission
 
bigDog said:
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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Stealing has nothing to do culture. Thieves are everywhere. Even in the Bible there were thieves. However, the treatment of thieves is what is different among many cultures. Other cultures shoot thieves. Others cut their hands in full public vuew. The Bible crucified its thieves. But our culture is to complain our hands are tied.
 
Okiya said:
Stealing has nothing to do culture. Thieves are everywhere. Even in the Bible there were thieves. However, the treatment of thieves is what is different among many cultures. Other cultures shoot thieves. Others cut their hands in full public vuew. The Bible crucified its thieves. But our culture is to complain our hands are tied.
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Hapa nitakubaliana na wewe kidogo, though you got it wrong again. OUR PROBLEM IS THAT WE THINK CORRUPTION IS UHURU'S PROBLEM TO SOLVE, AND NOT OUR COLLECTIVE PROBLEM. We always want a Messiah - the president, Omtatah, Boniface, etc - to come solve our problems INSTEAD of taking things into our own hands and dealing with the issue. How many times have you heard somebody say, "Omtatah should take this matter to court"? Unashindwa, why can't you? Umeandika yeye?

This failure to take personal responsibility is what will see the likes of Waititi, Omeke, Kidero etc elected despite the corruption that surrounds them. The voters decide, its the gavament's problem to fight corruption, not ours. Kidogo kidogo unaskia wakilia eti Uhuru is allowing corruption in the counties.

Lazima tuchukue jukumu, tumalize ubonobo.
 
wrongturn said:
budaa bana ,sinimekuwekea screenshot twice on the current composition and who nominated them, nini hauelewi ?


The current membership of the JSC is as follows:[3]

  • Prof. Olive Mugenda - Nominated by the President, representing members of the public - Acting Vice Chair of the Commission
  • Justice Philomena Mwilu, Deputy Chief Justice, Judge of the Supreme Court of Kenya - Elected by, and representing Judges of the Supreme Court
  • Justice Mohamed Warsame, Judge Court of Appeal of Kenya - Elected by, and representing Judges of the Court of Appeal
  • Justice David Majanja, Judge of the High Court of Kenya - Elected by, and representing Judges of the High Court
  • Justice Rtd. Paul Kihara Kariuki, Attorney General of the Republic of Kenya - Ex Officio
  • Mr. Patrick Gichohi - Representing Public Service Commission
  • Hon. Everlyne Olwande, Chief Magistrate - Elected by, and representing Magistrates
  • Mr. Macharia Njeru, Advocate of the High Court of Kenya - Elected by, and representing the Law Society of Kenya
  • Mr. Felix Koskei - Nominated by the President, representing members of the public
  • Hon. Anne Amadi, Chief Registrar of the Judiciary, Kenya - Secretary to the Commission
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Even then the JSC is controlled CURRENT JUDGES! Ok?

How do you go about transforming an organization controlled by insiders?
 
Okiya said:
Stealing has nothing to do culture. Thieves are everywhere. Even in the Bible there were thieves. However, the treatment of thieves is what is different among many cultures. Other cultures shoot thieves. Others cut their hands in full public vuew. The Bible crucified its thieves. But our culture is to complain our hands are tied.
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Ndii wrote an interesting piece based on findings from a study demonstrating that it is not the scum that rises from the bottom (the argument that we are a society full of thieves from the bottom up) rather the fish rots from the head (the argument that the top leadership in a country devolves bad manners to the bottom).

nation.africa

Does the fish rot from the head, or is it the scum that rises to the top?

How much dishonesty is consistent with self-esteem depends on how corrupt society is.
nation.africa nation.africa
 
Okiya said:
Stealing has nothing to do culture. Thieves are everywhere. Even in the Bible there were thieves. However, the treatment of thieves is what is different among many cultures. Other cultures shoot thieves. Others cut their hands in full public vuew. The Bible crucified its thieves. But our culture is to complain our hands are tied.
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Stealing, especially white collar crime has everything to do with our culture! In our culture, both the government and the rich (gitonga) are a fair game. I remember my grand father telling me about how they used to sabotage white farmers by killing livestock and stealing milk. Unfortunately, these acts of resistance did not end with colonialism. Kenyatta senior looked the other while his cronies looted public land. Mr Moi institutionalized theft and created most of the white criminals we know today.

Right now it doesn't matter where the rot started. It's now firmly endemic in our culture. A recent survey (can't find a link) indicates that a majority of our youth are OK with stealing from the government.
 
wrongturn said:
you mean the judiciary cartels are powerful than the CIC? a man who has at his disposal the NSIS, army, gsu, nys etc, he can't order the nsis to smoke the cartels out? find out their dirty deals and fire them?or make it looks like an accident? A man who has refused to implement several court orders can't dismantle the cartels?or the "cartels" are there at his disposal too?
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'Cartels' is the standard excuse for mediocrity around here.
 
Luther12 said:
'Cartels' is the standard excuse for mediocrity around here.
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Who runs the Kenyan judiciary? Why is the control of LSK so fought for? Do you know that the current head of the LSK is a judiciary stooge? I thought you should know.

The judiciary, like every other state organ (including the military), should have civilian oversight. Who oversights the judiciary given that they control the JSC? Can you have the defense council controlled by the military?
 
bigDog said:
Who runs the Kenyan judiciary? Why is the control of LSK so fought for? Do you know that the current head of the LSK is a judiciary stooge? I thought you should know.

The judiciary, like every other state organ (including the military), should have civilian oversight. Who oversights the judiciary given that they control the JSC? Can you have the defense council controlled by the military?
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Regardless, there's a lot the presidency can do if they wanted.
 
Luther12 said:
Regardless, there's a lot the presidency can do if they wanted.
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What do you you want the presidency to do without an honest judiciary?

I don't want an executive controlled judiciary. However, we will get there if our judicial officers continuously fail us as a society. They cannot afford to be seen as biased. Time and again, they have been shown to be biased.

Its true. I don't believe in Kenyan judicial system.

How did you plead your last traffic case?

Alafu mnasena.
 
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