Uchaguzi mkuu Kenya sasa ni Machi 2013

[Dena Amsi]

Raila Odinga.............................

Huo uchaguzi bora uwe tu 2013 maana ukiwa Dec Christmas itakuwa mbaya...............................

 

[EMT]

Raila Odinga.............................

Huo uchaguzi bora uwe tu 2013 maana ukiwa Dec Christmas itakuwa mbaya...............................

Kinacho matter ni Christmas au sheria?

 

[Askari Kanzu]

...Halafu kwenye posts zako unajichanganya. On one hand, you saying the court just provided an opinion which simply mean it may not be binding. On the other hands, you are referring to judgment and ruling which are binding. Which is which?

EMT, the guy does not seem to be even an abececadarian when it comes to understanding the fundamental tenets of legal interpretation!

 

[EMT]

EMT, the guy does not seem to be even an abececadarian when it comes to understanding the fundamental tenets of legal interpretation!

Nafikiri hii case inaweza kuweka precedent mbaya. Kwa mfano, kwenye chaguzi zijazo kitokee anything kitakachosababisha ucheleweshwaji wa MPs kuapishwa kama ilivyotokea uchaguzi uliopita. Je, in the subsequent election, wata-override tena hicho kifungu cha katiba?

 

[kshaka]

like which one? Listen, don't forget that Kenya is still a poor third world country. It does not help comparing yourself with others in the same boat. You just have to live with that!

I wasn't talking about poverty. Of course I know that Kenya is poor and in the third world, but that is not the contentious issue here. You begun by saying that there's still a long way to go in Kenya. I acknowledged that noting, however, that in the recent past, Kenya seems to be making moves in the right direction unlike some of our brother countries. We saw multiple incidents last year of the leader of the opposition in one of our brother countries being assaulted by agents of the state who seemed to act with impunity, safe in the knowledge that constitutional protections afforded the individual and organisations would not or could not be enforced with regard to their actions. One of our other brother countries, led by a tall thin man is developing into an autocratic dictatorship while others are moving in the opposite direction. It doesn't take a lot of thinking to see that, in terms of civil and democratic rights, some countries in the region are developing positively while some are regressing. I don't know why it's a big deal me saying so.

 

[Dena Amsi]

Kinacho matter ni Christmas au sheria?

Hivi sheria ni nini??? Au ni Mwongozo?? Au kitu gani hasa hapo unachotaka kuzungumza wewe???

 

[Askari Kanzu]

I wasn't talking about poverty. Of course I know that Kenya is poor and in the third world, but that is not the contentious issue here. You begun by saying that there's still a long way to go in Kenya. I acknowledged that noting, however, that in the recent past, Kenya seems to be making moves in the right direction unlike some of our brother countries. We saw multiple incidents last year of the leader of the opposition in one of our brother countries being assaulted by agents of the state who seemed to act with impunity, safe in the knowledge that constitutional protections afforded the individual and organisations would not or could not be enforced with regard to their actions. One of our other brother countries, led by a tall thin man is developing into an autocratic dictatorship while others are moving in the opposite direction. It doesn't take a lot of thinking to see that, in terms of civil and democratic rights, some countries in the region are developing positively while some are regressing. I don't know why it's a big deal me saying so.

Ok, let's move on!

 

[kshaka]

So, the Accord overrides the provisions of the Constitutions? Or are you saying that in case of any conflict between the Accord and the Constitution, the former should prevail?

They are not in conflict but can work in tandem. The circumstances under which the accord was negotiated (under the previous constitution) are different from what you would get in a normal constitutional process, no constitution makes provisions for handover of power through civil conflict, and in the opinion of the court, the terms of this agreement must or should be fulfilled. The issue here is how to implement the new constitution when we are dealing with institutions and processes initiated and established under the old constitution. Of course we weren't just going to go to bed one night with one constitution and wake up the next morning under a new one. It's a process and it's estimated that it'll take up to 10 years (or maybe more) to fully implement it. Over the coming years, there'll be plenty of this kinds of debates, it doesn't mean necessarily that the new constitution is being subverted.

Halafu kwenye posts zako unajichanganya. On one hand, you saying the court just provided an opinion which simply mean it may not be binding. On the other hands, you are referring to judgment and ruling which are binding. Which is which?

It may not be binding in the sense that if the two principles were to come to an agreement before the expiry of this parliamentary term to dissolve the accord, then the elections may be held earlier.

Mwisho, when does the parliamentary term starts. Does it start on the election date or the date the MP walikula kiapo?

In the opinion of the three judge bench which presided over this matter, it starts when they are sworn in! People may disagree on that but that is their interpretation of the matter.

"...We are conscious that our findings may be unpopular with a section of Kenyans who have preconceived notions about the elections but we hasten to remind Kenyans that our undertaking is not to write or re-write the constitution to suit popular opinion. Our responsibility is to interpret the constitution in a manner that remains faithful to its letter and spirit and give effect to its objectives..."

Justice Isaac Lenaola

 

[Thomas Odera]

As long as Kenya is the third world country but they tried to there best to establish new constitution and now are on practise

 

[nomasana]

good ruling by the court.

finally a kenyan court can issue a ruling i disagree with but i know they ruled independently.

i am of the opinion that the electionsshould be held in august 2012. but i also realize that the constitution does not exist in a vacuum.

the situation i likely see playing out is that the executive(kibaki and raila) will convience the parliament that the coalition will end towards the end of the year and then parliament will come up with an election date. this is how i see the situation playing out.

i don't see elections happening in march 2013. Kenyans will not buy it

 

[Askari Kanzu]

...i don't see elections happening in march 2013. Kenyans will not buy it

Most Kenyans seem to corroborate your avouchment, like in this NTV reportagé!



Maji yameshaanza kuchemka, au kama wahenga walivyosema: panapofuka moshi pana moto!

 

[Bantugbro]

Kenya does not belong to Raila and Kibaki, amkeni waungwana, sio kila wanachotaka wao kila mara lazima wapate....

 

[Askari Kanzu]

Kenya Heading For Another Round Of Violence In 2012 Poll

JACKAL NEWS - The Kenyan political elite have not done enough to put to bed the ghosts of 2008 post-election carnage, and now the nation had better prepare for another round of deadly violence, an authoritative London-based journal is warning.

Not God, not again.

The Africa Confidential (AC) however is saying the scale of the 2008 killings maybe unlikely, but there are indications that the restive east African nation is looking at possible violence as it heads for a difficult elections either in August or December 2012.

‘‘The political elite’s calculations for 2012 look dangerously off the mark. The ghosts of the last elections are lurking and could yet inspire another season of madness,’’ the newsletter, published by Patrick Smith, said in its New Year analysis for the country.

‘‘Political violence on the scale of January 2008 is unlikely but it may not be entirely averted,’’ AC said.

In the coming elections, Prime Minister Raila Odinga will be seeking to clinch the presidency in a contest that he is not assured of winning, but which he – and The Economist – believe he will win. When he claimed that President Kibaki stole his victory in December 27 2007 presidential elections, weeks of killings started, bringing to the fore historical issues which the country had swept under the carpet for years.

The main issue is the distribution of land after the White settlers left the country at independence.

And AC is warning that this issue will still became central to politics of next elections, as well as other several unfinished business. And it appears that the new constitution – which devolves power and hopefully money to the regions - is also the next big problem.

‘‘With devolution, political competition will migrate to the counties… new conflicts will emerge within the new counties, notably over the treatment of ethnic minorities… minorities may challenge what many among them had expected to be an agreed distribution of power and patronage,’’ AC said in its bleak analysis of prospects for the country.

Many in Kenya believe that the country remains deeply divided since the deadly 2008 violence in which the International Criminal Court has stepped in and may just confirm charges of crimes against humanity against five prominent politicians and a journalist.

Two of the prominent men are Uhuru Kenyatta and William Ruto who are both running for president. If the charges facing them are confirmed, they say they will still run for the top job. The courts, under Willy Mutunga, will likely to stop them. And that is also a problem.

‘‘Kenya is basically in an emergency, and as you know most emergencies graduate to become crises,’’ a political commentator told Jackal News.

Jackal News

 

[nomasana]

Kenya Heading For Another Round Of Violence In 2012 Poll

JACKAL NEWS - The Kenyan political elite have not done enough to put to bed the ghosts of 2008 post-election carnage, and now the nation had better prepare for another round of deadly violence, an authoritative London-based journal is warning.

Not God, not again.

The Africa Confidential (AC) however is saying the scale of the 2008 killings maybe unlikely, but there are indications that the restive east African nation is looking at possible violence as it heads for a difficult elections either in August or December 2012.

'‘The political elite's calculations for 2012 look dangerously off the mark. The ghosts of the last elections are lurking and could yet inspire another season of madness,'' the newsletter, published by Patrick Smith, said in its New Year analysis for the country.

'‘Political violence on the scale of January 2008 is unlikely but it may not be entirely averted,'' AC said.

In the coming elections, Prime Minister Raila Odinga will be seeking to clinch the presidency in a contest that he is not assured of winning, but which he – and The Economist – believe he will win. When he claimed that President Kibaki stole his victory in December 27 2007 presidential elections, weeks of killings started, bringing to the fore historical issues which the country had swept under the carpet for years.

The main issue is the distribution of land after the White settlers left the country at independence.

And AC is warning that this issue will still became central to politics of next elections, as well as other several unfinished business. And it appears that the new constitution – which devolves power and hopefully money to the regions - is also the next big problem.

'‘With devolution, political competition will migrate to the counties… new conflicts will emerge within the new counties, notably over the treatment of ethnic minorities… minorities may challenge what many among them had expected to be an agreed distribution of power and patronage,'' AC said in its bleak analysis of prospects for the country.

Many in Kenya believe that the country remains deeply divided since the deadly 2008 violence in which the International Criminal Court has stepped in and may just confirm charges of crimes against humanity against five prominent politicians and a journalist.

Two of the prominent men are Uhuru Kenyatta and William Ruto who are both running for president. If the charges facing them are confirmed, they say they will still run for the top job. The courts, under Willy Mutunga, will likely to stop them. And that is also a problem.

'‘Kenya is basically in an emergency, and as you know most emergencies graduate to become crises,'' a political commentator told Jackal News.

Jackal News

haters/doubters

Kenya has always proven the doubters wrong. this will be no different.

while others sit there and talk all day, Kenya is doing big things. that is the difference between kenya and some other african countries

 

[livefire]

haters/doubters

Kenya has always proven the doubters wrong. this will be no different.

while others sit there and talk all day, Kenya is doing big things. that is the difference between kenya and some other african countries

through n through, no one could say it any better. kenya is a dynamic democracy n with the baby steps its taking i bet we will be there someday. shame on any african insinuating bad blood on a fellow country, lets curve the sleeves n work to the betterment of the region. Non sayers will be dissappointed.

 

[nomasana]

through n through, no one could say it any better. kenya is a dynamic democracy n with the baby steps its taking i bet we will be there someday. shame on any african insinuating bad blood on a fellow country, lets curve the sleeves n work to the betterment of the region. Non sayers will be dissappointed.

exactly

 

[Askari Kanzu]

haters/doubters

Kenya has always proven the doubters wrong. this will be no different.

while others sit there and talk all day, Kenya is doing big things. that is the difference between kenya and some other african countries

Jackal News is a Kenyan portal. They are not haters neither are they doubters!

 

[nomasana]

Jackal News is a Kenyan portal.

i already knew that but thank you nonetheless.

They are not haters neither are they doubters!

i beg to differ. basically the premise of their prediction is that violence happened in 2008 therefore there will be violence in 2012. i dont about you but that seems very shallow.

so many gaping holes in that article but to give you an example of what is wrong with the article, i ask you to analytically look at the last sentence.

'‘Kenya is basically in an emergency, and as you know most emergencies graduate to become crises,'' a political commentator told Jackal News.

'‘Kenya is basically in an emergency

where is the proof for that? emergency of what?

Kenya is basically in an emergency, and as you know most emergencies graduate to become crises

do i need to point out what is wrong with the logic in that sentence?

a political commentator told Jackal News

who is the political commentator. i am a political commentator because i comment on politics but am i an expert? NO! so mentioning the who the commentator is and his credentials, is paramount!

last but not least. who is the writer/reporter? The editor is an associate editor which brings into question why is he associate and not a jackal inhouse /resident editor? they did not even give the name of the editor(who the heck is MK?)

nways, my point is that the article has great flaws which i find hard to overlook.

that article lacked concrete substance so according to me they are either haters or doubters.

 

[EMT]

Hivi sheria ni nini??? Au ni Mwongozo??

Inaweza kuwa msumeno pia.

Au kitu gani hasa hapo unachotaka kuzungumza wewe???

Sheria

 

[Askari Kanzu]

January 17, 2012
Ruling on 'Kenyan 6' May Affect Upcoming Elections
Cathy Majtenyi | Narobi
Kenya's Finance Minister Uhuru Kenyatta (L), Kenya's Vice President Kalonzo Musyoka (C) and suspended Higher Education Minister William Ruto (R) attend a prayer meeting at the Uhuru Park grounds in the capital Nairobi, April 11, 2011.

The Hague-based International Criminal Court is expected to rule next week on whether the cases of six suspects accused of masterminding Kenya’s 2007-2008 post-election violence will proceed to trial. The charges will have far-reaching impact on the country’s upcoming elections.

Two of the six suspects, Deputy Prime Minister Uhuru Ruling and former agriculture minister William Ruto, have announced they will run for president in Kenya’s upcoming elections, the exact date of which is still unknown.

Kenyatta, who is also minister of finance, and Ruto are charged with being criminally responsible as indirect co-perpetrators for crimes against humanity. In Kenyatta’s case, the crimes against humanity are murder, forcible transfer, rape, persecution, and other inhumane acts; for Ruto, murder, forcible transfer of population, and persecution.

They and the other four suspects will know their fate January 23, when the ICC hearing begins.

Law Society of Kenya Chairman Kenneth Akide says Kenyan law allows Kenyatta and Ruto to compete in the elections, saying the two are presumed innocent until proven guilty. But, he says, the traumatic events following the last elections and subsequent suffering are still fresh in many peoples’ minds.

"You can imagine a candidate with such a baggage trying to run [for] office," he said. "Even without an ICC conviction, even as we wait for the ICC to conduct a trial, they face really a very, very uphill task in convincing voters. If you are running for president, and you are also having to spend time to travel to The Hague to present your defense, and all this is being reported and being reported very closely, that really presents a very, very difficult time.”

Full story