----- Forwarded Message -----
From: godfrey john lutego
To: Judy Miriga
Sent:
Subject: Re: Oooops: Yash Ghai responds to Omwenga ouch!!!

ni kweli judy

On Sat, Dec 14, 2013 at 8:57 PM, Judy Miriga <jbatec@yahoo.com> wrote:

Godfrey,

You spoke well, you went to Nairobi and what you saw and heard left you a worried man that Kenya is sitting on a timed bomb. This is why, ICC must save Kenya and Kenyans must wake up to the smell of coffee. It is not a problem for Kenya alone, but the whole Africa.

Having removed M23 from Congo with all those smaller factions of organized gangs who came into Congo from Rwanda as Refugees, a lot need to be done urgently to stabilize the region of Great Lakes of East Africa before the region is messed up by the likes of the leaders we now have.

The hidden hands that fed these factions and provided fodder in supply of ammunition while Africa through organized conspiracies is being terrorized and huge number of Africans are killed, assassinated or massacred in large numbers, the wealth and resources from Africa are looted and Africa is robbed painfully clean and where sufferings, new order of industrial sickness, irregular hijacking and occupation of peoples/public land by the network of the Politically Correct Agents of the most powerful influence of International Corporate Special Interest are the reason Peoples Government is remotely controlled and Abuse of Public Office in Peoples Government is toll-order high; serving Conflict of Interest, that are leading to serious human rights injustices.Therefore, these Kenyan/Africans problems are Engineered.........where the likes of SO movements and activities must be watched very keenly and the type of investments they move around into Kenya must be investigated.These could even involve floodgates of arms transfer from Mozambique (South Africa) to destabilize Kenya who knows.

Samwel Omwenga's argument with a vision for Judicial set-up in the press statement he gave is worrisome, puzzling, speaks volumes, more or so when those his masters from whom he is an Agent, their names must not be mentioned, make you wonder and make you think, some clandestine could be in the offing..........???

The Kenyas/Africas problem cannot be resolved by Kenyan/Africans themselves, (and taking a token from our parted in honor and emulating what Nelson Mandela's struggle for Civil Rights, Unity and Liberation for all people to allow Rehabilitation, Peace and Harmony, it is only fitting that the spirit of Liberation be played fairly in reality by all people of the world) where inclusively, all people of the world (more specifically the notorious Greedy Special Business Interest who interfere with peoples Government from working the way it should) must engage to Revolutionize and Re-think to change the pattern of doing business which, because of the current situation, prevailing circumstances has failed to bring the needed peace and unity all people of the world want.

Global politics is hijacked by a few and it is in a conspiracy controled by a few Corporate Special Business Interests who tends to shift Special Business Interest to supersede those of Peoples’ Government, with expectation that remnants will trickle and fizzle down to all people of the world and the world will be a happy place commandeered by the Corporate business community and not under Peoples' Government.This is why corruption with organized terror groups in Africa is growing in leaps and bounds. This is definitely not fair that people of Africa should suffer painfully in abject poverty where, proper organization in a peoples Government service delivery is disrupted/obstructed and Public Finances, Wealth and Resources are re-directed to serve the interest of Corporate Special Business Interest network.Instead, the Global politics should be moving towards serving peoples interest in a fair balanced manner, respecting, honoring and valuing human rights and providing opportunity for people to feel secured with interests protected mutually without being under influence of Engineered (Automatization) Market doing what the market controlled by the Corporation wants that which is impacting people’s lives negatively and where people are instead prone to dying from extreme poverty, joblessness, Industrial and environmental health hazards catapulted by modern diseases.

The UN’s Rio + 20 Global Sustainability conference made it very clear that the world must fight Corporate GREED (baptized as hiper-consumption) of the Special Business Interest which is destroying people of the world and the environment. Without sizing it, the world is doomed and shall be headed to serious 3rd world war.That all people including the Corporate Special Interest must re-examine their business prospects and Revolutionize how things can be done better instead.

Serge Brammertz, who worked with the International Criminal Court (ICC) before joining the ICTY, met with some group of Kenyans Journalists and shared why it is critical to achieve reconciliation. Speaking to the visiting group he said that, the Criminal prosecutions are a precondition for communities to sit down together again and be able to resolve their problems. The best way to achieve good results is to have the ICC Hague succeed to continue prosecuting those who bear the greatest responsibility…….and thereafter, he held views that, prosecutions alone cannot achieve reconciliation, although having charted the way forward as a catalyst, the process is made complete by the strengthening of National Capacity by the Local Judiciary establishment who should offer a pragmatic proactive ad hoc solutions.He stressed that, "The big advantage is that, the [a tribunal or national court] is able to function in a language and system that is understood and can be accessed easily by both the victims' communities and the perpetrators' communities at national level. The cases are viewed closer to physical area where the crimes are committed.”

Now the idea to muddle the Judiciary and disorganize it is an Engineered prospects to fail public interest and causes why Peoples Government is dysfunctional.This is the theory Samwel Omwenga is trying to sell and propagate in a disjointed train of thought and which Prof. Yash Ghai nailed Samwel Omwenga bare on the wall for all to see.

People must open eyes and ears and save this wearing situation for the sake of livelihood and survival.......

Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com

================================

What did Uhuru, Raila discuss in Uganda?

Saturday 10th August, 2013 on CapitalFM

NAIROBI, Kenya, Aug 10 – State House has confirmed that President Uhuru Kenyatta and former Prime Minister Raila Odinga held talks in Kampala this past Sunday. The President’s Communication Secretary Manoah Esipisu however clarified that the meeting was not planned but coincidental. The two, Esipisu said, discussed matters, “of national interest, including efforts on growing the economy,” when they met.

There has however been speculation that the meeting was arranged by President Yoweri Museveni of Uganda to address the revocation of Odinga’s state privileges. Members of Odinga’s Coalition for Reforms and Democracy (CORD) are said to have approached Museveni in a bid to reach an amicable solution on which privileges Odinga should be permitted to retain as former Prime Minister.

The rumours that Odinga’s place in Kenyatta’s government formed the crux of the discussions were fuelled further by the redeployment of Muthui Kariuki from the now defunct Office of the Government Spokesman just days after their meeting. Kariuki rubbed Odinga and consequently CORD the wrong way when he demanded Odinga return the government cars that were in his possession and that he cease and desist from using a siren when moving about town.

... Read the full, comprehensive news article and discuss at CapitalFM

============================

----- Forwarded Message ----- From: godfrey john lutego <lutego.gratiana@gmail.com>
To: mabadilikotanzania <mabadilikotanzania@googlegroups.com>
Sent: Saturday, December 14, 2013 7:02 AM
Subject: Re: [Mabadiliko] Yash Ghai responds to Omwenga ouch!!!

just back from nairobi. niliyoyaona na kuyasikia. its a matter of time. kenya bado haijatulia. iko siku italipuka tena

======================================

On Sat, Dec 14, 2013 at 2:28 AM, Judy Miriga <jbatec@yahoo.com> wrote:

I hear you Maurice, we shall only debate those names in the Government. We shall not even ask "Investment Advisor" to who or through which Government, private company or NGO or even want to know whether the investments will involve public finance, taxpayer funds, land or interest??

Where shall we put this monster of Transparency and Accountability to justification???What about if Judiciary decides to bring the pending packages of the cases forward, will the court be allowed to call names to prefer judgment on these most powerful politically correct to justice???The spanner is at work creating opportunity for politically correct and the Judiciary cannot afford to slake, and it is this Judiciary that must have public trust..............It is Business as Usual.......and I felt that this debate will provide "Fresh Air" and it is very important to consider factors that has played major rolls in Community Welfare now and in the past and those that have given backbone to the Social Community Welfare and stop politics from interfering with basics of life.The NGO Bill is faulty and public need to engage to secure and protect its interests...........thus...........“A public benefit organization shall not receive more than 15 per cent of its total funding from external donors,” ..........and unless we debate genuinely, no fair solution shall be met.

Again, if this debate is restrictive, I wonder why the Press felt the need to add the name in reference, and if that is the case, we may never know why things are the way they are in Kenya and what take-a-way people should consider in this debate or the lesson learned that are expected to offer focus or derive new thinking.

Shall this debate throw some light that would lead to a lasting resolution for onward strategy or it has just simply been given a natural death???

Are Kenyans' security, livelihood and survival guaranteed and shall the Judiciary be free without politically correct interfering with its smooth functioning ???

Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com/

Anglo-leasing allegations ruined my life, says former minister Chris Murungaru

Updated Wednesday, November 20th 2013 at 10:46 GMT +3

By Wilfred Ayaga

Nairobi, Kenya: Former Internal Security minister Chris Murungaru has recounted the tribulations that he suffered after allegations were made linking him to the Anglo-leasing scandal.

Dr Murungaru said the damning allegations ruined his political and private life, leading to his being dropped from the Cabinet and losing the Kieni parliamentary seat, and recently the Nyeri senatorial position.

Murungaru told Justice David Onyancha that a dossier prepared by former Governance and Ethics Permanent Secretary John Githongo, in which he was accused of involvement in the awarding of dubious security contracts, was designed to destroy him and ruin his reputation.

Murungaru accused Githongo of engineering a campaign that saw him lose the parliamentary seat. He said apart from suffering political setbacks, he was also ridiculed by the media and the public.

“The contents of the report had a devastating effect on my political career. A man who had been elected twice in Kieni Constituency in a landslide win lost his re-election in 2007 to a little known new comer,” Murungaru told the court.

The former minister was testifying in a case in which he has sued Githongo for defamation for linking him to the Anglo-leasing scandal.

NGOs want benefits Bill recalled

Updated Wednesday, November 20th 2013 at 23:20 GMT +3

By RAWLINGS OTIENO

Non-governmental organisations ( NGOs) now want the proposed Public Benefits Organisation Amendment Bill that is currently before the parliament recalled.

International Policy Executive Director Fazul Mohammed said although they support the Bill, there are clauses in the proposed law that claw-back on the gains made in the NGO sector.

“We are in agreement that the proposed amendments are good, but we feel some of the clauses will be retrogressive if passed in its current form. We want the Bill to be recalled first and let’s give dialogue a chance,” said Fazul.

Speaking to the Press on the sidelines of the NGO consultative forum in Nairobi yesterday, Fazul said the Government should not limit the amount of money the organisations can get from donors.

The controversial sections are contained in the Statute Law (Miscellaneous Amendments) Bill, 2013, and amendments to the Public Benefits Organisations Act, 2013 (No 18 of 2013).

“A public benefit organisation shall not receive more than 15 per cent of its total funding from external donors,” state Section 27 A (2) of the Bill. On the other hand, section 27A (1) States: “Any funding of a public benefit organisation shall be made through the federation and not by an individual members’ organisation.”

The group also sees a sinister motive in the provision that all the money coming in as a donations should come through the proposed National Federation of NGOs, a body proposed to take over from the NGO Council.

“We fail to understand why the Government would want all the money to go through one entity. This should be amended,” added Fazul.

----- Forwarded Message -----
From: Maurice Oduor <mauricejoduor@gmail.com>
To: Judy Miriga <jbatec@yahoo.com>
Cc: "progressive-kenyans@googlegroups.com" <progressive-kenyans@googlegroups.com>; "wanakenya@googlegroups.com" <wanakenya@googlegroups.com>; Mabadiliko <mabadilikotanzania@googlegroups.com>; Change Mombasa <changemombasa2012@yahoogroups.com>; KOL <kenyaonline@yahoogroups.com>; Kiswahili <Kiswahili@yahoogroups.com>
Sent: Friday, December 13, 2013 3:26 PM
Subject: Re: Fw: [PK] Yash Ghai responds to Omwenga ouch!!!

Judy,

Please don't bring Raila's name into this. Raila is not in government.

If you want to debate this issue in good faith, then focus on Omwenga's piece and critique it point by point.

Courage

On Fri, Dec 13, 2013 at 3:22 PM, Judy Miriga <jbatec@yahoo.com> wrote:

Maurice Oduor,

In the Judiciary, Mutunga was elected through a peoples' panel threshold in a vetting process according to Responsibility and Integrity mandate.........in compliance with the Reform Accord process.

In the Executive, Raila, Uhuru, Ruto and them all in the Police force and Uhuru Administration leadership did not comply with proper threshold procedure according to Reform Accord and for that matter did not go through the required scrutiny to answer hard questions under the properly laid down Legal Panel for threshold mandate as per the law demands in compliance for Responsibility and responsibility to ascertain credibility and be allowed to pass the test of a clean bill of record before getting certificate for clearance thus:

1. They played politics and evaded to declare their wealth

2. they played double deal in the Conflict of Interest and violated and abused public office and were not cleared from crimes against humanity

3. Public Finance and Economic plunder of public wealth and resources are in free flow dished out without proper order and in the mis-use, sneaky irregular and illegal transfers to private and personal accounts and investments, squandering, misappropriation and mismanagement of public funds in Mega Scandals with cover-ups to avoid justice.

4. The irregular trading, unconstitutional sale and illegal occupation of public land with displacing and forcefully evacuating rightful people from their land into homeless and to abject poverty is a serious crime of injustices without due care for Human Rights Dignity, Respect or honor humanity values and virtues.

5. Obstruction of justice in major cases that involved scandals of Goldenberg, Anglo-leasing, Triton scandal, NHIF with Clinix scandal, Kenya Railways, Migingo, Siaya Dominion Farm with 2,000 South Nyanza family forced out of their land etc., list is long are just cases in waiting that these executives were involved in 100%……but the politically correct machine is in full play to obstruct justice which is why, Mutunga became a target goose for roasting in the Judiciary so to cover-up injustices of the Politically correct Agents of the Executives, the Police and the Government Administration.

6. Public Account Budget became a Special Interest Mandate preference, treated like private or family business and not that is constitutionally mandated to primarily serve peoples interest for which they were elected to public office

In other words, going according to the Reform Accord, the Judiciary Establishment Set-up was properly constituted according to the Change for Reform Accord the people wanted and individuals were supposed to be thoroughly dissected for clearance without exception ……… and as compared to those of the Executives, the Police Force and in the leadership of Administration, the Judiciary was outstanding of them all.

If the two (the Judiciary and the Executive) were put to a weighing scale and to avoid scandalous cancer of corruption to continue destroying the Reform for Change that was expected to take effect in a Plan of Action for public Service Delivery in People's Government, Judiciary stand a better chance compared to the Executive.

Judiciary is on track to Reform than the rest of other Court of Arm of Kenya who must face a review and recall by the people for re-appointment. There are tangible progress that the Judiciary have made compared to the rest Court of Arm of Kenya. Omwenga did not make a case on the failures the Executives, the Police and the Administration leadership to public service delivery and the cronic cancer that dented Public Finance, Wealth and Resources in major scandals that have robbed the country into trillion of dollars and the same are transferred to private and individual accounts overseas. He has not spoken about how to recover public stolen funds, wealth and resources, neither did he speak about the rising public debt and swindling of taxpayer that are pushing people to extreme poverty situation.......No, he did not, why, because he is biased. He is watching on the side where his bread is battered.

Because of this imbalance in Omwenga's press statement, it is not possible to theorize the statement to feature on pros and cons as that for and against on equal level, except, this type of statement is prone to challenge and attack.

Therefore, if Samwel Omwenga was objective in his approach, he aught to have been level headed in his statement and to be precise, more specific and clear in his reasoning which I saw as a cooking up blame to demand for Resignation for Mutunga in the engineered Judicial failure..........(the case in question is not even determined yet)........but since Omwenga did not present a balanced narrative, it prompted Prof. Yash Ghai to respond in the same category although he however gave Omwenga a very fitting analysis and even questioned the standing of Samwel Omwenga’s Legal Knowledge and understanding.............and therefore, demanding us to engage in the fashion of a school debate here is neither here nor there.

Prof. Yash Ghai statement in response to Omwenga's is fittingly cut according to size, it is analytic, factual, up to the point and very generous to Samwel Omwenga's outfit implications.

Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com/

==========

In Defence Of The CJ And Judiciary Politics

Thursday, December 12, 2013 - 00:00 -- BY PROF YASH PAL GHAI Willy Mutunga.In last Saturday’s Star, the blogger and investment adviser, Sam Omwenga launched a scathing , and in my view totally unfair, attack on the CJ, Willy Mutunga. Normally I would ignore articles of this genre driven by narrow political motives, but I am responding because of the prominence given to the article, and more importantly, because what we need to deal with the most serious constitutional crisis since the new constitution, is not polemics but a sober reflection on the mandates given to the three major state institutions. Omwenga attacks the CJ for having failed to promote judicial reform, fending off “powerful forces”. He is under siege and must make room for another CJ. He says that the CJ has lost the confidence of the people. Onwenga has no understanding of the constitution or political science. His article is a meaningless and spiteful rambling, full of inconsistencies and non-sequiturs. He provides no evidence for sweeping statements. There is no analysis of the role of the judiciary in Kenya’s political and constitutional system; no understanding of political and judicial reform that the constitution requires. He has no understanding or respect for the different roles of principal state institutions (particularly the delicate and crucial role of the judiciary in a regime of the rule of law), and the intricate relations between them. It is as if his sole mission is to discredit the CJ, using highly abusive language. He accuses CJ of “good old dirty politics” without telling us what they are. Arrogantly, he tells him to resign, for “the benefit of the nation”. He thus shows himself as partisan, carrying out the mission of those who are determined to undermine judicial reform. Unfortunately for them, and fortunately for us, this man has few skills for this “mission”. Contrary to what says, the CJ is not spending all his time fending off “powerful forces”, whoever they may be. But he is fending off the powerful forces that are undermining the constitution, as he must as the head of the judiciary. He may be under siege but that is not of his doing, but people to whom Omwenga seems partial. Contrary to what Omwenga says, the C J has indeed brought “a breath of fresh air, new ideas, resolve and no strings attached to the very rotten judiciary we had then” (his words). He has worked tirelessly to generate a new spirit among the judges of serving the people. The quality of justice has increased markedly since he became the CJ. It is this engagement of the judiciary with justice as defined in the constitution that has worried the likes of Omwenga. As to his inconsistencies and non-sequiturs, he says that we cannot have someone under “siege as the CJ”, and then rather oddly refers to the ICC decision to allow the president to appear via video in his trial—the connection escaped this reader. He goes on to prescribe that the JSC should be disbanded. He also says that the president’s decision to appoint the tribunal to enquire into the conduct of six commissioners was correct and that of the court challenging the decision was wrong—without any analysis of the constitution which governs this matter. He has already made up his mind that the six commissioners are guilty: “if the evidence is half as bad as it’s been reported, then all of them should be sacked and the staffing of the judiciary be completed overhauled”. Only someone who has no understanding or regard for due process or the organisation of the judiciary could make such a statement. He makes another odd remark, that while the JSC is re-organised or scrapped, “its work can be delegated to the administration arm of the Judiciary or shared elsewhere, including the appropriate select committees of the Senate or Parliament as the case may”. Then he goes on to say equally absurdly, “We do not need the JSC as its functions can easily and more cost effectively be handled by the Supreme Court itself working in tandem with the Law Society of Kenya with oversight from the National Assembly”In the same sentence he says that the judiciary is in the same rotten state as before and then goes on to say that “significant reforms have taken place in the judiciary despite the mess it is in now”—and having earlier stated that no progress was possible under Willy Mutunga. The giveaway line is this: “A good testament of this is the very JSC mess whereby a judge, has in fact, issued an injunction preventing an order by President Uhuru Kenyatta from being given effect. Ask yourself, would this have been possible during the late President Jomo Kenyatta’s time or even during former President Daniel Arap Moi’s reign”. This statement tells us a lot about Onwenga, apart from his somewhat muddled mind. He wants CJ removed so that judicial reform can take place, and yet he hankers after the lawless days of J Kenyatta and D Arap Moi. What with Uhuru’s admiration for Moi’s style of ruling (disclosed courtesy of Wikileaks) and the invocation of Moi by Omwenga, we are clearly headed for difficult and troublesome times. The author is a director of the Katiba Institute.

Chief Justice Willy Mutunga Should Resign

Saturday, December 7, 2013 - 00:00 -- BY SAM OMWENGA

Many people must be scratching their heads wondering why on earth Chief Justice Willy Mutunga is in a hot seat especially with Jubilee barely a few months after he led the Supreme Court in making a decision in the ruling coalition's favour.

Some of the woes Chief Justice Mutunga is facing existed even before he took over at the Supreme Court but many are largely his own making.

The irony of this is that CJ Mutunga was supposed to lead a new, reformed judiciary or at least one on the path to greater reform.

Those who pushed for his appointment as Chief Justice argued that as an outsider with a civil society background, Mutunga would bring a breath of fresh air, new ideas, resolve and no strings attached to the very rotten judiciary we had then.

This was at least what this writer and others came to understand and believed to have been the reasons why former Prime Minister Raila Odinga and his allies did not oppose the appointment.

Indeed, given Mutunga had more in common with Raila than former President Mwai Kibaki, the appointment was seen by many as a significant win for Raila in the then ongoing power tussles between the PM and the President.

Ask anyone of those who so believed what they think of the Chief Justice now. You are likely to be hit with unprintable epithets even before you finish asking the question.

To be sure, it’s not an exaggeration or in bad faith to say Chief Justice Mutunga has gravely and extremely disappointed Kenyans in the way he has handled himself as Chief Justice and President of the Supreme Court.

He has at a minimum squandered all the goodwill Kenyans accorded him to do the right thing in reforming the judiciary. Therefore, the right thing for him to do now is to simply resign and give the country an opportunity to jump start the reforms that were underway when he was appointed. The reforms appear to be stalling with the ongoing power struggles within and outside the judiciary.

Even those Kenyans who remained with the Chief Justice after the March elections surely must find it wanting that our Chief Justice is spending nearly all of his waking time fending off 'powerful forces' within the judiciary and unnamed 'elites' he can only advise to take their “shit”—his word, not mine—elsewhere.

There is no evidence that his fight against these powerful forces and elites is for the benefit of the nation. Every indication is, it’s nothing but good old dirty politics which the Chief Justice should have ended instead of putting himself squarely in the middle as he has repeatedly done.

If this is not a manifestation of someone under siege, nothing else can be.

We, however, can’t afford to have someone under siege heading our judiciary. Especially during this time when we’re dealing with other uncertainties related to the ICC, one hopes the worst is behind us with the recent compromise making it possible for the President to appear via video link.

Along with the Chief Justice resigning, the Judicial Service Commission should be disbanded and reconstituted or entirely scrapped.

In fact, the latter should happen first, namely, the reconstitution or altogether the scrapping of the JSC. President Uhuru Kenyatta's move to suspend the six commissioners was constitutional and and the court was wrong to overturn it.

If the evidence is half as bad as it’s been reported, then all of these commissioners should be sacked and the management and staffing of the Judiciary be completely overhauled.

Meanwhile, if Chief Justice Mutunga does the right thing and resigns, Deputy Chief Justice Kalpana Rawal can temporarily take over his duties while the JSC is either reconstituted or scrapped. Its work can be delegated to the administration arm of the Judiciary or shared elsewhere, including the appropriate select committees of the Senate or Parliament as the case maybe.

Granted, it will take amending the constitution to accomplish this but it’s worthwhile an endeavor than continuing on the path we’re on that promises nothing but further conflicts and mismanagement at the Judiciary.

We don’t need the JSC as its functions can easily and more cost effectively be handled by the Supreme Court itself working in tandem with the Law Society of Kenya with oversight from the National Assembly.

When you have a member of the JSC bragging how he made the Chief Justice and how therefore the Chief Justice should be beholden to him, you know we still have a rotten system in place. It is no different from what we had in place before the appointment of Dr Willy Mutunga as Chief Justice and President of the Judiciary.

That being said, it should be noted that significant reforms have taken place in the Judiciary despite the mess it’s in now with the ongoing power struggles.

A good testament of this is this very JSC mess whereby a judge has, in fact, issued an injunction preventing an order by President Uhuru Kenyatta from being given effect. Ask yourself, would this have been possible during the late President Jomo Kenyatta’s time or even during former President Daniel Arap Moi’s reign?

The point is, yes, we have made great progress to be where we are in terms of judicial and governance reforms but more must be done if we are to come close to fully enjoying the fruits of independence.

However, these reforms can only continue to advance with the right people in key positions. We have the wrong person heading the judiciary and it’s for this reason he should resign or be replaced.

=============

----- Forwarded Message -----
From: Maurice Oduor <mauricejoduor@gmail.com>
To: Progressive Kenyans <progressive-kenyans@googlegroups.com>
Cc: "wanakenya@googlegroups.com" <wanakenya@googlegroups.com>; Change Mombasa <changemombasa2012@yahoogroups.com>; Mabadiliko <mabadilikotanzania@googlegroups.com>
Sent: Friday, December 13, 2013 12:30 PM
Subject: Re: [PK] Yash Ghai responds to Omwenga ouch!!!

Judy,

I'm sure you did some debating in Primary and Secondary schools.

Do you remember such topics in Primary as:

"Agriculture is more important than Education" ?

You come in, state whether you agree with the motion or not, and you give your points why you support whichever side.

The opponent then comes in and either gives his/her reasons for disagreeing with YOUR POINTS or he/she simply also lays down his/her points one by one why he/she supports or opposes the motion.

Wakili Omwenga made his points but the Professor has not countered a single one. The other people supporting the professor are just attacking Wakili's person but not his points. Bure kabisa !!!!!

Courage

On Fri, Dec 13, 2013 at 1:22 PM, Judy Miriga <jbatec@yahoo.com> wrote:

Maurice,

Can you explain to us what type of statement we are making

if it is not a debate......Tell us specifically where we are wrong

and why you think ours/mine is not a debate. Define a debate

for us to understand please so we are able to engage in this

important debate and why you think I am wrong.

Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com/

Meaning of a Debate:

VERB:

To consider something; deliberate.
To engage in argument by discussing opposing points.
To engage in a formal discussion or argument.
To fight or quarrel.
To deliberate on; consider.
To dispute or argue about.
To discuss or argue (a question, for example) formally.
To fight or argue for or over

NOUN:

A discussion involving opposing points; an argument.
Deliberation; consideration.
A formal contest of argumentation in which two opposing teams defend and attack a given proposition.
Conflict; strife.

Derivative action:

A motion was bassed without sufficient debate.

A primary right to seek redress of legal grievances is through the courts. The procedure to be followed in such an action is governed by the rules of Public Mandate stipulated in the Constitution to serve as the Law guiding principles as applicable.

=============================

Maurice,

I guess here you and Omwenga are wrong. Prof. Yash Pal Ghai is right.He may have not put his points in sequel or in sequence order, but the fact remains that he told it like it is.

A Debate by all standards is challenging thoughts and putting opposing or disputed facts across to be understood in different perspectives and this is what Prof. Ghai has done and they don’t have to be inherently sequential.

Simply put, there were no circumstantial logics for interference, overrulling or by inferential analysis to counter the Judicial process from arriving at some conclusion that, though it is not logically derivable (to reach by reasoning) from the assumed premises, (before hearing and investigation is complete), to posses and determine some degree of probability relative to the cause or problem they had at hand…….cutting short the Judicial process prematurely by The Executives or otherwise and being subjected to a panel for dismissal is neither here nor there.

The truth of the matter remains that you can take to the bank is that, Samwel Omwenga and the President with Parliamentarians saw an opportunity (when problem occurred in the judiciary) for a conspiracy to hijack the Judicial process to dismiss it and inflict their sequester to function in the Judiciary..............One thing the Omwengas theories dont understand is that, the Judiciary are better placed and has more powers to interpret the Law than the Executives, and their system of work is not determined neither can they be ordered by the Executives. In other words, they do not work under the Executives supervision.........as a matter of facts, they are independent and all they can do is collaborate for exchange of information and transfer of files to determine and establish facts for case references.

Therefore, the Law is clear (this is what Prof. Yash Ghai is explaining) no one not even the President has a right to change the law to suit their way or interest, and that, the Law is clearly stipulated, that No One, not even the President has authority to interfere with the Institution of the Judiciary before apparatus of the same is left to be exhausted by the Institution of the Judiciary, to determine failure of justice or otherwise in whichever case they had at hand, before the Judiciary can be dismissed, considered useless or are rendered Know-nothing imbecile or jackass.

Your thought...................!!!!!!!!!!!!!!

Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com/

===============================

----- Forwarded Message -----
From: Maurice Oduor <mauricejoduor@gmail.com>
To: "wanakenya@googlegroups.com" <wanakenya@googlegroups.com>
Cc: progressive-kenyans <progressive-kenyans@googlegroups.com>; NVK-M MAGEUZI <nvk-mageuzi@yahoogroups.com>; "kenyaonline@yahoogroups.com" <kenyaonline@yahoogroups.com>; the last word to kenya <thelastwordtokenya@yahoogroups.com>; Kenya Canada <kenya-can@yahoogroups.com>; uchunguzi online <uchunguzionline@yahoogroups.com>; Kiswahili <kiswahili@yahoogroups.com>; Africa-Oped <africa-oped@yahoogroups.com>; VVM Vuguvugu Mashinani <VuguVuguMashinani@yahoogroups.com>
Sent: Friday, December 13, 2013 11:35 AM
Subject: Re: [PK] Re: [KOL] Yash Ghai responds to Omwenga ouch!!!

KM,

All the people commenting on this do not understand what debating entails. Prof Yash Pal Ghai has not countered a single point that Wakili made. All he has said is that "Wakili is wrong". If this were a courtroom, the judge would kick the good professor out of the courtroom in 2 min with a warning to never ever waste the court's time with such shallow stuff.

I can understand that most people attacking Wakili right now simply hate him as a person. That's not Wakili's problem. It's the haters' problem. If I were Wakili, I would not even respond to these people.

Courage

On Fri, Dec 13, 2013 at 8:55 AM, Kuria-Mwangi <kjmwangi@gmail.com> wrote:

Khaguli

Wacha uchokozi mzee. Hii maneno na mazito. Tumepata kabahati ka Jamhuri, Early Christmas and new year from our legal department. I was getting disappointment that we would see X-mass and New Year without even a small war but thanks Ghai (It is Ngai in Gaturi), moto ume waka na moto ni kazi ya Ngai.

Marungu bado. hii ni Manyumanyu. tu

On Fri, Dec 13, 2013 at 8:36 AM, khaguli maurice <mkhaguli@yahoo.com> wrote:

Finally, I will only say"Amen"!Okil relax.
We stand to emphasize the truth, truth is one!

------------------------------

On Fri, Dec 13, 2013 5:21 AM PST Samuel Omwenga wrote:

> You moron and D student you've walked into a trap I specifically set for
> morons like you.
>
> My response to Chifu was very specific and I deliberately uncluded a fact
> Chifu and others I communicated privately know about my ailing mother just
> to see your response.
>
> Next time brother Okil simply pause or let it be.
>
> Provide your # privately and I'll have my people arrange for you to meet me
> while I am on the ground.
>
> You may learn a thing or two and I offer you this in the spirit of Madiba
> who if anything stands for the proposition conflict and hate will always be
> there but it's love and forgiving that will overcome both.
>
> You can quote me on that forever.
>
> Peace, Unity and Truth
>
> Omwenga
>
> Sent from my Samsung Galaxy Note II
> On Dec 13, 2013 7:50 AM, "Nyamodi Ochieng Nyamogo" <
>okil@nyamogoadvocates.com> wrote:
>
>> Ye All,
>> Yash Pal Ghai, an acknowledged/acclaimed Professor of law,
>> has now spoken in pretty much the same way i've done about this
>> peacock of a "lawyer"; let's wait and see if he'll dismiss the
>> professor, as well, as simply a "D" student!!!
>>
>> In all fairness, it must NEVER be lost on us that Samuel N
>> Omwenga left law school and, within a record four short years, was
>> DISCOVERED, by a regular tribunal, to be a petty thief who happened to
>> have passed through law school!!! That is all the "experience", if it
>> pleases you to call it one, that this Samuel N Omwenga has in the
>> field of practical relationship with law!!!
>> Nyamodi Ochieng-Nyamogo.
>>
>> On 12/13/13, Kuria-Mwangi <kjmwangi@gmail.com> wrote:
>> > Thanks Chifu for sharing. This is hot, this is good and so it need to go
>> to
>> > Omwenga and his enemies and friends on these forums.
>> >
>> > Naoni mabibi na mabwana.
>> > On Dec 13, 2013 1:57 AM, <chifu2222@gmail.com> wrote:
>> >
>> >
>> >
>> > Telling it as it is...
>> >
>> > In Defence Of The CJ And Judiciary Politics
>> >
>> >
>> >
>> > Thursday, December 12, 2013 - 00:00 -- BY PROF YASH PAL GHAI
>> >
>> http://www.the-star.co.ke/news/article-147047/defence-cj-and-judiciary-politicsWilly
>> > Mutunga.
>> >
>> > In last Saturday’s Star, the blogger and investment adviser, Sam Omwenga
>> > launched a scathing , and in my view totally unfair, attack on the CJ,
>> > Willy Mutunga.
>> > Normally I would ignore articles of this genre driven by narrow
>> political
>> > motives, but I am responding because of the prominence given to the
>> > article, and more importantly, because what we need to deal with the
>> most
>> > serious constitutional crisis since the new constitution, is not
>> polemics
>> > but a sober reflection on the mandates given to the three major state
>> > institutions.
>> > Omwenga attacks the CJ for having failed to promote judicial reform,
>> > fending off “powerful forces”. He is under siege and must make room for
>> > another CJ. He says that the CJ has lost the confidence of the people.
>> > Onwenga has no understanding of the constitution or political science.
>> > His article is a meaningless and spiteful rambling, full of
>> > inconsistencies and non-sequiturs. He provides no evidence for sweeping
>> > statements.
>> > There is no analysis of the role of the judiciary in Kenya’s political
>> > and
>> > constitutional system; no understanding of political and judicial reform
>> > that the constitution requires.
>> > He has no understanding or respect for the different roles of principal
>> > state institutions (particularly the delicate and crucial role of the
>> > judiciary in a regime of the rule of law), and the intricate relations
>> > between them.
>> > It is as if his sole mission is to discredit the CJ, using highly
>> abusive
>> > language.
>> > He accuses CJ of “good old dirty politics” without telling us what they
>> > are. Arrogantly, he tells him to resign, for “the benefit of the
>> nation”.
>> > He thus shows himself as partisan, carrying out the mission of those who
>> > are determined to undermine judicial reform. Unfortunately for them, and
>> > fortunately for us, this man has few skills for this “mission”.
>> > Contrary to what says, the CJ is not spending all his time fending off
>> > “powerful forces”, whoever they may be. But he is fending off the
>> > powerful
>> > forces that are undermining the constitution, as he must as the head of
>> > the
>> > judiciary.
>> > He may be under siege but that is not of his doing, but people to whom
>> > Omwenga seems partial.
>> > Contrary to what Omwenga says, the C J has indeed brought “a breath of
>> > fresh air, new ideas, resolve and no strings attached to the very rotten
>> > judiciary we had then” (his words). He has worked tirelessly to generate
>> > a
>> > new spirit among the judges of serving the people. The quality of
>> justice
>> > has increased markedly since he became the CJ. It is this engagement of
>> > the
>> > judiciary with justice as defined in the constitution that has worried
>> > the
>> > likes of Omwenga.
>> > As to his inconsistencies and non-sequiturs, he says that we cannot have
>> > someone under “siege as the CJ”, and then rather oddly refers to the ICC
>> > decision to allow the president to appear via video in his trial—the
>> > connection escaped this reader.
>> > He goes on to prescribe that the JSC should be disbanded. He also says
>> > that the president’s decision to appoint the tribunal to enquire into
>> the
>> > conduct of six commissioners was correct and that of the court
>> > challenging
>> > the decision was wrong—without any analysis of the constitution which
>> > governs this matter.
>> > He has already made up his mind that the six commissioners are guilty:
>> > “if
>> > the evidence is half as bad as it’s been reported, then all of them
>> > should
>> > be sacked and the staffing of the judiciary be completed overhauled”.
>> > Only someone who has no understanding or regard for due process or the
>> > organisation of the judiciary could make such a statement. He makes
>> > another
>> > odd remark, that while the JSC is re-organised or scrapped, “its work
>> can
>> > be delegated to the administration arm of the Judiciary or shared
>> > elsewhere, including the appropriate select committees of the Senate or
>> > Parliament as the case may”.
>> > Then he goes on to say equally absurdly, “We do not need the JSC as its
>> > functions can easily and more cost effectively be handled by the Supreme
>> > Court itself working in tandem with the Law Society of Kenya with
>> > oversight
>> > from the National Assembly”
>> > In the same sentence he says that the judiciary is in the same rotten
>> > state as before and then goes on to say that “significant reforms have
>> > taken place in the judiciary despite the mess it is in now”—and having
>> > earlier stated that no progress was possible under Willy Mutunga.
>> > The giveaway line is this: “A good testament of this is the very JSC
>> mess
>> > whereby a judge, has in fact, issued an injunction preventing an order
>> by
>> > President Uhuru Kenyatta from being given effect. Ask yourself, would
>> > this
>> > have been possible during the late President Jomo Kenyatta’s time or
>> even
>> > during former President Daniel Arap Moi’s reign”.
>> > This statement tells us a lot about Onwenga, apart from his somewhat
>> > muddled mind.
>> > He wants CJ removed so that judicial reform can take place, and yet he
>> > hankers after the lawless days of J Kenyatta and D Arap Moi.
>> > What with Uhuru’s admiration for Moi’s style of ruling (disclosed
>> > courtesy
>> > of Wikileaks) and the invocation of Moi by Omwenga, we are clearly
>> headed
>> > for difficult and troublesome times.
>> > The author is a director of the Katiba Institute

Socio Economic Network

Monday, December 16, 2013

Yash Ghai responds to Omwenga ouch!!!

================================

No comments:

Michelle Obama Photo at Whitehouse