JK na CCM yake wanalipotosha taifa

[Ok'neil]

angeenda kuwahutubia wanafunzi wa UDOM na kuwapa nafasi ya kuuliza maswali hapo angeliona cha moto.............

akifika huku kwetu mkuu, atakaa Chimwaga na wasaidizi wake awahutubie! Mi ctakataa kumsikiliza, lakini atatoa nafasi ya kuulizwa maswali?

 

[Rutashubanyuma]

habari nusu nusu kama hizi ndizo zinawasaidia akina Jk na ccm yake kulipotosha taifa...............wasichotaka tufahamu ni kuwa kabla Raisi Kibaki hajateua TUME ya uchaguzi.........utaratibu wa wazi wa kuzitangaza nafasi tajwa ulitumika...............wenye sifa waliomba nu kuchujwa na kamati ya Bunge, kabla ya Bunge lote kupiga kura.........................na baada ya kupitishwa kwenye tanuru tajwa sasa Kibaki ndipo alipofanya uteuzi................siyo kutoa majina kutoka kibindoni kwake bila ya kuushirikisha umma wa watanzania katika kupata wenye sifa stahiki


kenya pamoja na ukabila wao na udini wao wa ukristu.......................lakini huyu msomali wa ka-kabila kadogo sana na muislamu (wako wachache sana huko) ameweza kuteuliwa na Bunge la Kenya kuwa Mwenyekiti wa Tume ya uchaguzi kwa sababu katiba yao mpya imeondoa kujuana..........na kubaguana..................sisi tunajivunia historia ya akina Nyerere iliyopitwa na wakati.......hii aibu tumtupie nani kama siyo JK?



Kibaki appoints IEBC chair


Published on 09/11/2011
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By Rawlings Otieno
President Kibaki has, in consultation with Prime Minister Raila Odinga, appointed Mr Ahmed Issack Hassan chairman of the Independent Electoral and Boundaries Commission (IEBC).
President Kibaki similarly appointed Yusuf Abdulrahman Nzibo, Mohammed Alawi Hussun, Abdullahi M. Sharawe, Lilian Bokeeye Mahiri-Zaja, Thomas Letangule, Joyce Muthoni Wangai, Albert C. O. Bwire and Kule Galma Godana to be members of the IEBC.
[TABLE="align: left"]
[TR]
[TD]

[/TD]
[/TR]
[TR]
[TD]Mr Ahmed Issack Hassan has been appointed chairman of the Independent Electoral and Boundaries Commission (IEBC).Photo/Standard

[/TD]
[/TR]
[/TABLE]
This is in exercise of the powers confered on the President by Paragraph 7 of the First Schedule to the Independent Electoral and Boundaries Commission Act, 2011, as read with section 5 of the Act.Meanwhile, in exercise of the powers conferred on him by Section 11(9) of the Commission on Administrative Justice Act 2011 as read with Section 9 of the Act, President Kibaki has in consultation with the Prime Minister Raila Odinga appointed Paul Otiende Amollo to be the chairman of the Commission on Administrative Justice.
The President also appointed Dr Regina Gathoni Mwatha and Saadia Abdikadir Mohammed to be members of the Commission on Administrative

Justice.

 

[politiki]

alichokifanya kikwete kuongea na wazee wale ni sawa kabisa alichokifanya mkapa alipokwenda kujibia kashfa zake za ubinafsishaji
huko mtwara vijijini alipokuwa akiongea na wanakijiji anajua wazi kwamba the audience is not well informed to be able to challenge him or even to understand what is talking about.

 

[kikahe]

Sijui siku hizi speech writer wa JK ni nani maana anamuandikia upupu sana siku hizi. sasa sijui kama hana uelewa wa hayo mambo au anajifanya hajui.

 

[Rutashubanyuma]

katiba ya Kenya sura ya 13 Ibara ya 232 (1) ndiyo inamuumbua JK na ccm yake kama isemavyo na ninanukuu:-

CHAPTER 13 : THE PUBLIC SERVICE

PART 1- values and principles of public service

232 (1) The values and principles of public service include:-

(a) High standard of professional ethics;

(b) efficient, effective and economic use of resources;

(c) responsive, prompt, effective, impartial and equitable provision of services;

(d) involvement of the people in the process of policy making;

(e) accountability for administrative acts;

(f) transparency and provision to the public of timely, accurate information;

(g) subject to paragraphs (h) and (i), fair competition and merit as the basis of appointments and promotions;

(h) representation of Kenya's diverse communities; and,

(i) affording adequate and equal opportunities to appointment, training and advancement, at all levels of the public service, of:-

(i) men and women;

(ii) the members of all ethnic groups; and,

(iii) persons with disabilities.

angalia kwa makini maeneo niliyoyaweka alama nyekundu na ujiulize kama hiyo tume ya Jk inakidhi mahitaji hayo ya kuleta uwazi shirikishi kwa umma katika teuzi za nyadhifa mbalimbali za watumishi wa umma..............................kama siyo ubabaishaji mtupu unaoendelea......

 

[Nyangomboli]

Mimi si mtaalam wa mambo ya katiba na sheria kwa ujumla. Rais wetu ni mwenyekiti wa chama chake cha siasa na tz ni nchi zenye vyama vingi. je ni busara kwa yeye kujipa majukumu ya kuteua watu watakaofaoya mchakato huu wa katiba na bila kuona kwa uwazi kabisa kuwa kutakuwa na conflict of interest? au ndiyo kutafuta kuleta mavurugu nchini? nisaidieni jamani. kutoa mifano ya kina mwl na kina ruksa katika mazingira haya ni kupungukiwa weledi wa kusoma alama za nyakati.

 

[Rutashubanyuma]

alichokifanya kikwete kuongea na wazee wale ni sawa kabisa alichokifanya mkapa alipokwenda kujibia kashfa zake za ubinafsishaji
huko mtwara vijijini alipokuwa akiongea na wanakijiji anajua wazi kwamba the audience is not well informed to be able to challenge him or even to understand what is talking about.

ni kweli anahakikisha kazungukwa na wachovu kiakili na hapo anajiona yuko huru kutoa uongo wake bila zengwe lolote lile........

 

[Rutashubanyuma]

Sijui siku hizi speech writer wa JK ni nani maana anamuandikia upupu sana siku hizi. sasa sijui kama hana uelewa wa hayo mambo au anajifanya hajui.

speech writers wala usiwalaumu......................wao hufupisha matakwa ya yule aliyewateua....................kwa hiyo kama wazungu wasemavyo "the buck stops with JK"...................

 

[Rutashubanyuma]

Mimi si mtaalam wa mambo ya katiba na sheria kwa ujumla. Rais wetu ni mwenyekiti wa chama chake cha siasa na tz ni nchi zenye vyama vingi. je ni busara kwa yeye kujipa majukumu ya kuteua watu watakaofaoya mchakato huu wa katiba na bila kuona kwa uwazi kabisa kuwa kutakuwa na conflict of interest? au ndiyo kutafuta kuleta mavurugu nchini? nisaidieni jamani. kutoa mifano ya kina mwl na kina ruksa katika mazingira haya ni kupungukiwa weledi wa kusoma alama za nyakati.

hilo ulilolizungumza la mwamba ngoma huvutia kwake lina uzito sana...........................na ndiyo maana ushauri nasaha unatuongoza kuwa JK tangia kwenye kampeni zake za 2005 na 2010 hakuzungumzia katiba mpya..................hili ni behewa tumemlazimisha kupanda.................................na kama simulizi ya punda asiyetaka kunywa maji waweza kumlazimisha kufika mtoni lakini maji kamwe hayatayanywa.........................................na huu ndiyo urithi wa Jk atakaotuachia.......................really shame upon his soul..............

 

[Rutashubanyuma]

hebu soma hii uone wenzetu wa Kenya walivyopiga hatua.....................sisi bado raisi ndiye anayetupangia idadi ya mikoa, wilaya na ahata mipaka yake..........................angalia wenzetu hatua za kisheria ambazo wamezipiga....................sisi tunabaki nyuma kwa sababu tuna kifuu mmoja aitwaye JK................shame upon his soul once again....................

[h=1]Issack Hassan: We'll overcome General Election challenges
[/h]
Published on 12/11/2011
[h=2]Related Stories[/h] [h=3] Voter register may swell to 20 million before next polls[/h] [h=3] Kibaki appoints IEBC chair[/h] [h=3] Former herds boy ready for tough task ahead[/h] [h=3] IIEC chairman caught in crossfire between ODM, rebels[/h] [h=3] How Hassan defied odds to rebuild faith in polls[/h] [h=3] IIEC Chairman Ahmed Issack Hassan during a press conference, on Saturday. Photo: Agnes Rube/Standard[/h]
As the new Independent Electoral and Boundary Commission (IEBC) team appointed last week awaits to assume office tomorrow, Senior Political Writer Stephen Makabila spoke to Chairman Ahmed Issack Hassan on its preparedness and challenges ahead. Among plans lined up is doubling the number of polling centres from 28,000 to 56,000.
What are the key priorities of IEBC now that your team has been officially appointed?
The new team is expected to be received and briefed by the secretariat. They will study Interim Independent Electoral Commission's (IIEC) final reports and draw a work plan and a roadmap. Basically, I see the IEBC starting to operate immediately. The various activities and processes that the commission is required to implement before the next General Election are diverse and subject to time and resource constraints.
Many Kenyans eagerly await the delimitation of the proposed 80 new constituencies. When are you likely to embark on this?
Article 89(2) of the Constitution gives IEBC the mandate to review the names and boundaries of constituencies and wards. For purposes of the first review however, section 2(2) of the fifth schedule of the IEBC Act guides the Commission in terms of the scope of the issues to be addressed in the first review.
In so doing, the Act limits the Commission to redistribute the wards and administrative units within the affected constituencies, as may be appropriate.
The Act further mandates the commission to address the issue of the proposed constituencies that fall outside the population quota envisaged in Article 89(6) of the Constitution, while at the same time recognising the provisions of Article 89(7)(b) of the Constitution regarding progressive realisation of equal population quota in each constituency and ward.
The commission is bound by the law to use the IIBRC report as its primary reference material and the Parliamentary Select Committee report as the secondary reference material in this first review.
At the end of the four months, the Act sets aside 30 days after the publication of the commission's interim report to allow the public to question/challenge any aspect of the report through the High Court. The High Court is then allowed 30 days to hear and determine the issue.
How soon will the merging between the defunct IIEC and IIBRC technical team be? And what are the likely challenges in the delimitation of the 80 constituencies?
The IEBC Act provides for the transition of IIEC secretariat to the IEBC subject to the Constitution. The former IIBRC staff will be given an opportunity to apply and join IEBC. The relevant staff for the boundaries delimitation and IIEC will join to become IEBC secretariat. Some of the challenges include tension and dissatisfaction from those who feel shortchanged in the new constituencies and wards. Voter education on boundaries delimitation is also quite a challenge.
Will the IEBC carry on IIEC's plans of a mock General Election, and when?
Yes, the mock elections planned in Kajiado North and Malindi constituencies will go on at a go. IEBC settles down and the work programme is drawn.
What reasons make you feel it would be better for the country to hold General Elections in December next year?
Like all Kenyans, we would like certainty on the election date, which the Constitution has to some extent provided, save for the ambiguities in its interpretation. As a commission, we will have no choice but to conduct the elections on the date prescribed by the law.
However, it is important to recognise that the laws provide several statutory timelines within which some activities and processes must be undertaken before the elections. The IEBC is bound to finish the first review of boundaries in six months ( that is four months to produce the report and two months for any challenges and court determination). Assuming there are no delays, this will take IEBC up to May 2012 to have the new boundaries in place.
If the elections are to be held in August 2012, this will leave the commission with three months to complete all the remaining processes to enable it hold the elections, including: Mapping out the new constituencies and wards boundaries and allocating fresh codes; Carrying out intensive voter education on the new boundaries and to sensitising Kenyans towards fresh voter registration; Conducting fresh voter registration or rationalising the old voters' details to the new boundaries and developing a new voters' register; Putting out the voters' register for inspection by the public for at least 30 days (as per the Elections Act).
The new voters' register will be required by political parties to harmonise their party membership with the provisions of the new Constitution; such as to have their members who are registered voters within the newly created and mapped boundaries.
These are all statutory processes that have strict timelines that must be met by law. Besides, political parties may also fail to meet their statutory requirements because of the time constraints.
What are the likely challenges if the Supreme Court settles for August?
The election will be then be held on August 14th. The commission will have to compress its programmes and electoral processes and reduce some of the timelines to accommodate this date. It could mean a hurried and strenuous process but we will strive to get it right.
What are the chances of the country embracing electronic voting and tallying in the next General Election?
The elections will not be done electronically. However, the Commission hopes to have this vision realised in 2017. In the meantime, electronic registration and electronic transmission of results will be deployed for the upcoming General Election.
Sometimes people confuse electronic voter registration with electronic voting. We want to start building a register that has electronic data of an individual before we can speak of voting electronically; that is without using ballot papers.
When will voter registration kick-off and what is the anticipated number of Kenyans likely to vote in the election?
I won't give specific dates now but new commission will determine this in their work plan. We urge those who do not have ID cards and have reached the voting age of 18, to go and get IDs.
When we start the registration exercise, we will want those who have not registered to do so promptly.
How is the IEBC going to ensure 3.4 million Kenyans in the Diaspora are registered as voters for the 2012 General Election?
A comprehensive concept paper has been developed on Diaspora registration and voting. For a start, we will use our embassies and high commissions. Later we will review for better delivery of service.
The new Commission will also determine this in their work plan.
We shall use the embassies and high commissions as a starting point before reviewing these procedures for better service delivery for the Diaspora voters.
Given the number of elective positions in the next elections, by what percentage are polling centres likely to go up from the current 28,000?
At present, an average polling station has about 700 voters for the three ballots cast previously.
This translated to 28,000 polling stations. Since we shall be having six ballots, it will be necessary to reduce the number of voters per polling station by half. This will increase the polling stations to over 56,000.

 

[Sordo]

Endelea kuongeza idadi ya watoto Dark city ila nitawaambia wakunyake ili ukome magamba mkubwa wewe! Kwanza unawaibisha wasuaso

Si kweli Mkuu,

JK na CCM wako sahihi kabisa! Nimefuatilia maneno yake kwenye magazeti karibu yote ya leo na nukuu kwenye TV/Radio (sorry sikuwa tayari kuisikiliza hotuba yote kwa sababu sikutaka kujipa matatizo) na kuuona huo ukweli. Wanachokiongea wao ni sahihi kabisa na huu mswada wao uko sahihi pia.

Wanataka kubadli katiba.....Hilo ndilo wanalotaka kufanya!!

Sie wengine tunataka kuandika katiba mpya (tena mpya kabisa), isiyokuwa na kivuli wala mwangwi wa katiba ya sasa!

Hivi vitu ni tofauti kabisa.....Na hapa tunaongea lugha tofauti...

Bahati mbaya haya tuliyaona toka day zero, pale walipoanza huu mchakato wao wa kutuzuga!!

 

[Rutashubanyuma]

[h=1]How Hassan defied odds to rebuild faith in polls[/h] Ona katiba mpya ya Kenya jinsi ambavyo imewapa wenzetu chaguzi huru na haki...................hakuna tiss au mameya na wenyeviti wa hlamshauri kutuchagulia viongozi wetu au hoja za kutengua baadhi ya wagombea........


Published on 09/07/2011

[h=2]Related Stories[/h] [h=3] IIEC work cost taxpayer Sh16 billion[/h] [h=3] Kibaki appoints IEBC chair[/h] [h=3] Parliament approves electoral team nominees[/h] [h=3] IIEC rejects nomination papers of Kaddu aspirants[/h] [h=3] Two enjoined in IIEC poll date case [/h] [h=3] IIEC boss takes aim at Kivuitu over 2007 polls[/h]
By Alex Ndegwa

It would not be farfetched to garland Ahmed Issack Hassan, the chairman of the Interim Independent Electoral Commission, as 'Mr Fix It'.
In the past two years, the interim polls body, which succeeded the disgraced Electoral Commission of Kenya accused of bungling the 2007 presidential vote, has recorded significant progress in reforming elections.
Notably, the IIEC has salvaged the image of an institution battered by grave accusations of triggering a bloody conflict in which more than 1,200 people were killed and restoring public faith in elections.
The University of Nairobi law graduate might have had 14 years in practice, but the task ahead as he took the new job in May 2009 was unsettling even to the most optimistic.
And from experience, he was wise enough to appreciate that such reform hopes could easily collapse in ignominy.
Hassan was a commissioner in the Constitution of Kenya Review Commission (CKRC) between 2000 and 2005, when the proposed constitution, after adulteration by powerful figures, was rejected at the referendum.
The abortive change in the 2005 referendum is widely believed to have sown the seeds of ethnic hatred that inflamed the country in 2007.
But in the burning desire to midwife reforms, Hassan had heeded the wisdom of popular reggae tune: If at first you don't succeed, try again. His penchant for spearheading change inevitably thrusts him in troubled zones for, after all, you can't fix what's not broken.

Somalia assignment
Thus in May 2006, he took up an offer by the United Nations Political Office for Somalia as a legal consultant in the training of Somali Parliamentarians on constitutionalism and federalism in Baidoa, Somalia.
Around the same time, President Kibaki appointed him to the Kiruki Commission of Inquiry that probed the controversial activities of the Artur brothers, who had kicked up a national furore.
Hassan also served as a legal consultant for UNDP – Somalia for the Somalia Constitution Making Project between June and December 2008.
Somalia is not quite what you would showcase as your handiwork, but Hassan's dream has come to fruition at home.
President Kibaki has honoured him with the Elder of the Order of the Burning Spear (EBS) for his achievement in the management of the electoral body.
IIEC successfully conducted last year's referendum at which the new Constitution was passed with a landslide vote.
Besides the commission, he has supervised a couple of by-elections without controversy as to their conduct. Two of the by-elections – Bomachoge and Shinyalu – were held within three months of the formation of the new poll's body.

Voter register
This has been achieved due to far-reaching reforms by the IIEC. For instance, the IIEC embarked on fresh voter registration to develop a new register.
The previous voters' roll had up to 1.2 million names of dead voters and cases of double registration.
Among the revolutionary achievements was the introduction of the Electronic Voter Registration and the Electronic Vote Transmission systems.
Electronic Voter Registration system has inbuilt features that can instantly capture irregularities such as multiple registration and impersonation at the time of registration, unlike in the manual system where such irregularities can only be detected while processing the data.
The system captures the biometrics of a person by scanning the eye pupil, fingerprint and the person's facial portrait. Such features are important in authenticating voters.
"IIEC has so far made significant progress as regards putting in place essential steps that will strengthen the electoral processes and reforms. Electronic voter registration is one such step," Hassan said on April 12, last year, when the new system was unveiled. The system is piloted in 18 constituencies.

"We cherish our values of transparency, independence, efficiency, professionalism, integrity and teamwork," the IIEC chairman had said.
No doubt, these developments are the crucial building blocks for the new electoral body, the Independent Electoral and Boundaries Commission, set to be established following the Presidential assent to the IEBC Act.

 

[Rutashubanyuma]

[h=2][/h]

Endelea kuongeza idadi ya watoto Dark city ila nitawaambia wakunyake ili ukome magamba mkubwa wewe! Kwanza unawaibisha wasuaso
​

mvumile tu atoe dukuduku zake......

 

[Malipesa]

Mambo yataenda sawa, wakubali wasikubali kitaeleweka tu. Ili nchi iweze kuendelea ni lazima mabadiliko chanya yawepo, haiwezekani mambo y kale yakang'aang'aniwa tu. Nilimshaa pale aliposema eti au "awe dikteta kidogo". Nomba Mungu asije akajaribu hata kwa siku 1, atakuwa anajitafutia balaa la kufa watu.

 

[Rutashubanyuma]

angalia tume ya uchaguzi ya Kenya ilivyochaguliwa na huu ndiyo utaratibu wanaoutumia wenzetu katika kupata viongozi wao wa taasisi za umma.........................uwazi, ushindani, shirikishi..............................na kuzingatia haki na wala siyo kujuana....................kwetu bado tumebakia kwenye sera..........................za " It is not what you know that counts but rather whom you know."

Kenyan Parliament approves electoral team nominees



Published on 04/11/2011
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Independent Electoral and Boundaries Commission Chairman Isaack Hassan during a press briefing on Interim Independent El

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The creation of 80 new constituencies and preparations for next year's General Election are now firmly on track after Parliament unanimously approved a list of new electoral managers.
Mr Isaack Ahmed Hassan would be the overseer-in-chief of the electoral process once President Kibaki formally appoints him to chair the Independent Electoral and Boundaries Commission (IEBC).
Hassan, who currently chairs the soon-to-be defunct Interim Independent Electoral Commission (IIEC), was confirmed last night by MPs to head the electoral body that will supervise the first elections under the new Constitution.
Also approved for appointment were eight IEBC commissioners. These are Dr Yusuf Nzibo, Muthoni Wangai, Abdullahi Sharawe, Albert Bwire, Thomas Letangule, Lillian Bokeeye, Mohammed Alawi, and Kule Godana.
Parliament raced to beat yesterday's statutory deadline to approve the nominees to the IEBC. The IEBC Act set Monday as the last day, which meant Parliament had to approve the report Thursday.
MPs termed the parliamentary approval of electoral commissioners a historic development.
Constitution Implementation Oversight Committee (CIOC) chairman Mohammed Abdikadir said the nominations reflected the gender rule and regional balance since the nominees represent each of the former eight provinces. "The ball is now in their court. They have our trust, we wish them well," Abdikadir said at close of debate.
Abdikadir reminded MPs that the most challenging task for the House was how to deal with management of elections in the country.
He cited names of three nominees he said hailed from minority communities as a testimony of the benefit of equity occasioned by the new Constitution. "This is a reflection of the implementation of the spirit of the new Constitution. That when not only a few people are doing the selection, when it's open to the public, Kenyans of diverse backgrounds can rise to the top," said Abdikadir.
CIOC vice chairperson Millie Odhiambo said the nominees were from diverse professional backgrounds that would strengthen the electoral body. Mwangi Kiunjuri protested members had been ambushed with the names at the eleventh hour leaving them with no option but to endorse the report.
"Trying to oppose these names is like jumping to the dance floor when the dance is over," Kiunjuri said.
Transport Minister Amos Kimunya backed the CIOC report, adding the House must support the huge expectations Kenyans have of the new commissioners.
Justice Minister Mutula Kilonzo said for those complaining about religion, President Kibaki and Prime Minister Raila Odingaare Christians and they are the ones who forwarded the names.
- Stories by Alex Ndegwa, Steven Mkwale and David Ochami

 

[Rutashubanyuma]

katiba ya kenya imewapa uhuru wa kuhoji teuzi mbalimbali kama zilizinatia haki na kama ulikuwepo ushindani maana hata katiba yao inazungumzia ulazima wa kufuata vigezo vya kuitendea jamii haki.............

[h=1]Sharawe appointment to IEBC questioned
[/h]
Published on 15/11/2011
[h=2]Related Stories[/h] [h=3] Why Diaspora vote could be game-changer[/h] [h=3] The men and women at IEBC helm [/h] [h=3] With IEBC in place, hard part begins[/h] [h=3] Queries over State jobs as IEBC list passed[/h] [h=3] MPs threaten to reject IEBC nominees[/h] [h=3] IEBC chair selection[/h]
By Mutinda Mwanzia
A section of leaders in Wajir County have slammed the appointment of Abdullahi Sharawe a Commissioner to the Independent Boundaries and Electoral Commission (IEBC).

The leaders claimed that Sharawe's role as a member of the Andrew Ligale-led defunct Interim Independent Boundaries Review Commission was biased and self-serving.

In a memorandum to Members of Parliament, the leaders led by Mr Abdi Birik Abdinoor claimed that Sharawe acted at the behest of some unnamed politicians in Wajir County to carve out two more constituencies for one clan.

"Sharawe hails from the Degodia clan in Wajir that benefited from the only two new constituencies that came out of the vast constituency's boundary exercise," Abdinoor wrote in the memorandum to the parliamentarians.

"He acted contrary to his mandate for diligence and honesty in discharging his work against the oath of office."

The leaders also claimed that Sharawe misled the Dr Ekuru Aukot-led selection panel and Parliamentary Oversight Committee chaired by Mohammed Abdikadir on his business interests.
They claimed they raised the issue with the Selection panel and CIOC but were dismissed.

Sharawe was unavailable for comment. However, the IEBC selection panel, CIOC and Parliament approved his nomination before President Kibaki and Prime Minister Raila Odinga appointed him among the eight members of the commission.

 

[Rutashubanyuma]

hivi kweli kwa utani utani huu wa akina Jk na jamaa zake tutaweza kujipatia viongozi bora na huu usiri na kujuana wakati wenzetu wa Kenya wameanza kujivua ukiritimba na ubanfsi katika nyadhifa za umma ili wajipatie viongozi bora?

[h=1]Queries over State jobs as IEBC list passed[/h]
Published on 05/11/2011
[h=2]Related Stories[/h] [h=3] Picking only selfless, transformative leaders can solve challenges, but will Kenyans do it?[/h] [h=3] Why we may need positive ethnic profiling in appointments [/h] [h=3] Universities give nod to vetting proposal[/h] [h=3] Setback in vetting of judges[/h] [h=3] Media barred from vetting to pick justice commission[/h] [h=3] Work on pending Bills, says CIOC[/h]
By Lillian Aluanga
Parliament's endorsement of nominees to the Independent Electoral and Boundaries Commission (IEBC) ends debate that threatened to delay the process.
MPs opposed to the nomination of chairman Isaack Hassan and members Yusuf Nzibo, Muthoni Wangai, Abdullahi Sharawe, Albert Bwire, Thomas Letangule, Lillian Bokeeye, Mohammed Alawi, and Kule Godana on the basis of lack of religious balance had threatened to block their approval.
But in his presentation to Parliament, Constitution Implementation Oversight Committee (CIOC) chairman Abdikadir Mohammed argued the nominations were gender and regionally inclusive and that religion was not a Constitutional requirement in conducting nominations and appointments to public offices.
At least 27 of 30 members of the parliamentary committee are said to have favoured the nominees. Among reasons given by those who rejected the list was that the selection of the Dr Ekuru Aukot-led panel was "skewed in form from the onset".
But even as the Abdikadir-led committee sought to clear the air over the IEBC nominees, calls to ‘take another look at constitutional and State appointments made since enactment of the new Constitution' are raising fresh questions.
There are fears this could provide an avenue for those seeking to settle political scores. While there is nothing wrong in conducting an audit of public office bearers, it has been argued undertaking such a task now would be fraught with challenges.
Ethnic considerations
Imenti Central MP Gitobu Imanyara says he disagrees with those who profile candidates along religious and ethnic lines.
"The process of selecting candidates to various commissions and offices has so far been open and robust. The public has been invited to apply for these jobs and the interviews have been open," he says.
Imanyara says it would not make sense to scrutinise appointments since little can be done at this point to change them, anyway.
"We must move away from seeing everything along the lines of tribe and religion. Even if mistakes may have been made, we can only learn our lessons and do a better job next time, but not reject those already appointed," he says.
Many have also argued there is no basis in law to conduct such a task, unless the current laws are amended.
International Commission of Jurists Executive Director , Kenya, George Kegoro says those appointed to various commissions and other constitutional offices should be allowed to work.
"Even if we wanted to take another look at all these appointments, how would we do it, or what criteria would we use since there are no clear procedures for doing this?" he says.
Kegoro says ensuring diversity in selection of holders to these offices, as alluded to in the Constitution, should be viewed in totality and not by isolating certain commissions.
"Even if IEBC, according to some people lacks sufficient diversity, one must also consider that there are other commissions, which have compensated for this," he says.
Imanyara says re-looking at recent appointments would be tantamount to questioning the credibility of those charged with the responsibility of vetting applicants.
Public appointments since enactment of the new Constitution include those of the Chief Justice and his deputy, Auditor General, Attorney General , and Director of Public Prosecutions.
While the appointment of Dr Willy Mutunga and Nancy Baraza as Chief Juctice and Deputy Chief Justice faced little opposition, that of DPP Keriako Tobiko was subject of a stormy debate in Parliament.
Commissions that have been set up since enactment of the new Constitution include the Constitution Implementation Commission, Judicial Service Commission, and Revenue Allocation Commission.
International Centre for Policy and Conflict's Ndung'u Wainaina says although the Constitution sets parameters of who can serve in certain positions, there is need to set up enabling legislation to ‘domesticate' its broad principles.
"We need a national standardised vetting law, which can be used whenever we are seeking candidates for public offices," he says.
While appreciating the fact that Parliament last month passed a Bill to guide the vetting of public officers, Wainaina says this will largely guide the Legislature on how it would vet individuals who appear before its committees.
Vetting by MPs
"So far, the vetting done by parliamentary committees has depended on their creativity regarding how to conduct the interviews," he says.
He, too, says it would be foolhardy to review lists of recent appointments unless laws that governed the selection are repealed.
"The failure to have a standardised national vetting and appointments law was also a challenge to Parliament because questions have been raised on competence and technical know-how among some of the legislators to effectively conduct such an exercise," he says.
Kenyatta University's Edward Kisiang'ani says it would be unfair to subject candidates already in office to issues that did not feature during the interviews.
"Such a strategy would amount to a witch hunt. We must accept that people have been hired. We will have to live with our mistakes, if any, and retain those in office until they complete their terms," he says.
Besides attracting legal action, there would also be financial implications to such a move.
"Supposing we go through the list and discover there are some imbalances. What will we do then? Even if this were the case, we would still have to pay the office holders since they are entitled to those positions for a specified time. Anything outside of this would be a breach of the contract they have entered with the appointing authority," he adds.

 

[Rutashubanyuma]

Kenya uteuzi wa majaji wote kuanzia jaji mkuu ni kwenye magazeti hakuna kujuana..................

[h=1]Setback in vetting of judges
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Published on 14/10/2011
[h=2]Related Stories[/h] [h=3] Regional court roots for closer judicial services to people[/h] [h=3] Chief Justice: Kenya's judiciary reforms in high gear[/h] [h=3] Defence teams ask ICC judges to drop charges[/h] [h=3] Ocampo urges judges to confirm charges against Uhuru, Muthaura and Ali[/h] [h=3] Defence teams ask ICC judges to drop charges[/h] [h=3] Judges to take over as Ali makes final pitch[/h]
By Isaac Ongiri
The much-anticipated vetting of judges and magistrates to clean up the Judiciary has stalled after two international judges declined their appointments.
This has thrown the Government and the vetting board into disarray as fears mount that the process, which was to be concluded before the next General Election, may be delayed further. And at the same time, a row has erupted in Government over whether to amend the Vetting of Judges and Magistrates Act to eliminate the requirement for the inclusion of international personalities.
Investigations by The Standard On Saturday established that the former Lord Justice of Appeal, Sir Stephen Sedley, of the United Kingdom and the retired Judge of Quebec Court, Louise Otis, declined appointment to the Kenyan Judges and Magistrates Vetting Board appointed by President Kibaki and Prime Minister Raila Odinga.
Justice Minister Mutula Kilonzo confirmed that the two judges had declined their appointments. "It is true, I am aware that the two judges have declined the jobs offered to them".
Only the Ghanaian Chief Justice, Georgina Wood, one of the three Commonwealth Judges nominated to the Board, accepted her call and is expected in Kenya for the swearing-in ceremony.
The appointments are normally done through consultation with the Commonwealth Secretariat.
Sources revealed that Justice (rtd) Otis and Lord Justice Sedley have both orally cited rigid timetables and lack of consultation for their decisions.
"It is very unfortunate that the two judges from the Commonwealth were not asked in advance whether or not they will take up these appointments. It is true they have said they will not be available," said Mutula.
The Justice minister said efforts were being made to seek formal resignation from the two judges so as to allow for fresh nominations.
The minister, however, admitted that though there was pressure by certain individuals in Government to amend the Act, everything was being done to ensure that the integrity of the vetting as envisioned in the law is achieved.
Local members of the Board include Chairman Sharad Rao, Mr Justus Maithya, Ms Roseline Odhiambo, Prof Ngotho wa Kariuki, Meuludi Mabruki and Mr Abdirashid Abdullahi.
Attorney-General Githu Muigai regretted the delay. "It is unfortunate that this process is taking too much time to start. Time is really not in our favour".
But some Government officials have intensified lobbying for the amendment of the vetting law to allow for the appointment of two Kenyans to replace the two Commonwealth judges. Last week, the Board sent out a circular to different institutions, including the Law Society of Kenya (LSK), notifying them of their intention to start the vetting exercise and asking for information on the judges and magistrates to be vetted.
Nairobi Metropolitan Minister Njeru Githae said international flavour in the vetting panel was crucial.
"For purposes of assuring the judges and magistrates that the vetting will be conducted in a fair manner, international judges must be included," he said.
Githunguri MP Njoroge Baiya cautioned the Government against ignoring the international component.

 

[Rutashubanyuma]

usahidi zaidi wa tanuru la kupata majaji nchini kenya ni huu hapa...................
[h=1]JSC seeks clean break by picking Mutunga, Baraza
[/h]
Published on 14/05/2011
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By Moses Njagih
The nomination of Dr Willy Munyoki Mutunga, a lawyer and political activist, to take charge of the country's Judiciary will breathe a new lease of life into the tainted institution.
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[TD]Dr Willy Mutunga has been nominated for the post of Chief justice while Nancy Baraza was nominated to the post of the Deputy Chief Justice. Photo: File/Standard
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In what is clearly a break with the past, the Judicial Service Commission (JSC) named Ms Nancy Baraza, also a product of the civil society and a former commissioner at the defunct Constitution of Kenya Review Commission, for the position of Deputy Chief Justice. And with that the JSC opted not to go for the experienced judges and sent the message that it desires a clean break from the past and a complete metamorphosis of the Judiciary.The two names will now be forwarded to the President before being subjected to parliamentary approval.
Following the overwhelming approval of the two nominees by a cross section of Kenyans yesterday, it is highly likely that they will be the persons Kenya will entrust the responsibility of creating a new judicial order.
Products of civil society
Apart from the fact that they are lawyers, both Mutunga and Barasa are products of the civil society, the former having served as the Executive Director of Kenya Human Rights Commission for many years and the later as chairperson of the Federation of Women Lawyers (Fida-Kenya).
Mutunga, emerged the best candidate among the ten who were short-listed and interviewed for the position, and moved a step closer to being the country's next Chief Justice.
Now, the former law Chairman of the Law Society of Kenya, who has practised law for over three decades, will keep his fingers crossed as he awaits approval by Parliament.
The recruitment process is a break away from the past when the appointment to the position was left to the unchallenged discretion of the President.
It was the prerogative of the Head of State to appoint the Chief Justice. But these powers were stripped off the President after the enactment of the new Constitution that hinged the responsibility on the JSC.
According to the new laws, the commission is expected to conduct competitive interviews before forwarding the name to the President, who sends the nominees to Parliament for approval.
"The President shall appoint the Chief Justice and the Deputy Chief Justice, in accordance with the recommendation of the Judicial Service Commission, and subject to the approval of the National Assembly," states Section 166 (1) of the Constitution.
It was this basis of the law that the JSC followed in conducting interviews that resulted to their recommendation of Mutunga and Baraza.
Drive reforms
Announcing the names of the successful candidates, the commission said that they had full faith, confidence and trust that the two would drive the required reforms in the judicial system and the Judiciary.
"We have picked on renown reformers, a man and woman of impeccable record, integrity and sound legal grounding," the commission stated in their statement read by the Acting Chairperson Prof Christine Mango.
The names of the two will be handed over to President Kibaki, who after consultation with Prime Minister Raila Odinga, will then forward them to Parliament for approval.
If Parliament clears them, the President will officially appoint them as the next Chief Justice and Deputy Chief Justice, effectively replacing former head of the Judiciary, Evan Gicheru, whose term in office ended at the end of February.
Yesterday, JSC said that they had found the right qualifications and attributes that they have been looking for in the two. "In these two candidates, the JSC has seen the attributes and vision we were looking for when we started the interview process. They are a man and woman we can trust the Judiciary with," the commission said.
Senior personalities
The JSC decided to ignore senior personalities in the current system of the Judiciary, either as High Court or Court of Appeal judges, some of who have been in the bench for more than three decades.
Others who were interviewed for Chief Justice positions were Appeal judges Riaga Omollo, Samwel Bosire, Alnasir Visram and Joseph Nyamu. Those who were interviewed from the High Court are judges Kalpana Rawal, Mary Ang'awa, Paul Kihara and Msagha Mbogholi. Justice Lee Muthoga, a judge with the International Criminal Tribunal for Rwanda was also interviewed.
Mutunga was the only candidate for the position not sitting in any bench.

 

[Rutashubanyuma]

The recruitment process is a break away from the past when the appointment to the position was left to the unchallenged discretion of the President.
It was the prerogative of the Head of State to appoint the Chief Justice. But these powers were stripped off the President after the enactment of the new Constitution that hinged the responsibility on the JSC.
According to the new laws, the commission is expected to conduct competitive interviews before forwarding the name to the President, who sends the nominees to Parliament for approval.
"The President shall appoint the Chief Justice and the Deputy Chief Justice, in accordance with the recommendation of the Judicial Service Commission, and subject to the approval of the National Assembly," states Section 166 (1) of the Constitution.
It was this basis of the law that the JSC followed in conducting interviews that resulted to their recommendation of Mutunga and Baraza.

Kenya hawataki utani sijui kwa nini Jk na ccm yake hupenda kuwachafua....................