Eti who will enforce? The State will through the ODPP and the Police, we are talking about a criminal case here where the State sues the Governor, contempt of court orders would lead to arrests and inevitably that Governor wouldnt be eligible to contest again.
the price of judges and lawyers has gone up. bribes will now be bigger
The law demands state officers stand suspended once they are charged in court for any criminal offence, they are to proceed on suspension and receive half-pay until the case is determined. Governors had been arguing that being representatives of the people excludes them from this requirement since taxpayers and voters would be deprived of county services if the Governor were suspended but clearly that wouldn’t be the case if the DG takes over.
The constitution only bars prosecution of the President and DP, the rest have to comply with the law.
ii ni upuus watakula wote alafu governor agharamie…wote wastep aside speaker achukue io kitu
This progressive interpretation of the law. Maraga should be talking about this instead of criticizing the way DPP frames his cases.
The constitution doesn’t bar the prosecution of the DP. Where did you get that?
The law excludes Governors from the suspension because the constitution provides how a governor shall be removed.
B This section does not apply with respect to an office if the Constitution limits or provides for the grounds upon which a holder of the office may be removed or the circumstances in which the office must be vacated.[/B]
That is why a judge facing a tribunal cannot be suspended with half pay even if they have committed a criminal offense. An MP cannot be suspended from office if he incites people. Its like saying that Jaguar should be suspended with half pay. The easiest way of dealing with political opponents would be to institute criminal proceedings against them. Uhuru neeed not fight with Joho in 2013 - 2017. He just needed to order the police to charge him and his time will be done.
After all that time of arresting and charging governors unafikiria noordin hajui hivyo and BTW he has been arguing for that in the same high court. The best he can do now is cite that ruling to the same judges and see if they bite. You can’t force anybody to step-down, what she did was only bar lenolkulal from his office.
hana deputy, then even if you bar him from his office, he works from his home huko machakos so that will not affect him, even if the judge was to declare the whole county his office, bado ako safe.
That makes sense, if the constitution provides for a way of removing, especially an elected leader from office. Being charged alone seems like a method that can be misused
The referendum will still be valid,Cases to be charged within 30 days and 15 days to appeal, Audit reports to be used as evidence which will be put put by a forensic team in the auditor general’s office and best of all cap salaries for MPs with no allowance and introduce senate to VETO useless bills passed by parliament.
What makes you think senators will be better than MPs who are both elected from the same constituency?
COG will appeal this, odunga is being Gazetted as a judge to the court of appeal very soon, you’ll hear law jargons very soon to reject this ruling.
Ataenda kwa ofisi ya mama yake? And who enforced for Thugge and Rotich? Unaenda kwa ofisi unapata locks changed. Bodyguards withdrawn and new cops in place. Unatoka DCI ama korti unachukua Uber ama khupipi anaku pick
Rotich and thugge aren’t elected, ni mara ngapi watu wamejaribu kutoa governor, even mcas wameshindwa. Truth is the governor will probably be running the show, he doesn’t need an office for that. The only way you can enforce it, is if the citizens get mad enough to force him to step-down down.
:D:D:D noma
What Parliament came up with is a political process which mirrors that of the removal of the President, while both are the Heads of their respective governments only the President is immune from criminal charges while in office, a Governor isn’t.
The constitution demands for the CJ, DCJ or Judge of a Superior Court go on suspension immediately the Tribunal is formed so yes, judges can be suspended.
This is 168 (6):
B Despite Article 160 (4), the remuneration and benefits payable to a judge who is suspended from office under clause (5) shall be adjusted to one half until such time as the judge is removed from, or
reinstated in, office[/B].
Now, if the CJ who heads a whole arm of government can be suspended what makes a Governor immune from suspension? That they are elected rather than appointed? Well, the constitution does not see it that way.
Parliament clearly did not foresee a situation where a Governor would be charged in court and provide safeguards, the Court has to act to protect both witnesses and evidence, technically the Court has not ordered a suspension but in practice it is one.
Justice Mumbi is a High Court Judge - at least when she made the ruling. She differed with Justice Onyangoa who held the article lawful. So the CoG will go to appeal.
So, what happens when both the Governor and Deputy governor are in court?
Section 62 deals with Suspension: so who is suspending who?
What happens when a member of parliament is charged in court ? Is he also suspended?
omera si you’re brainless…