Monday, September 27, 2010

Constitution Implimentation;How clean are cleaners!(Learned Friends clash for Jobs)


John 8:3-11

Here is an encounter between the Pharisees and Jesus about the Adulterous woman. Kindly read the whole chapter and apply to Kenya today.

Verse 4
The Pharisees to Jesus;This woman was caught in the Act.

Verse 7
Jesus;He that is without sin among you to caste a stone unto her.

Verse 9
Convicted by own conscience,the Pharisees left Jesus and the woman.

Verse 10
Jesus to the woman;I cannot condemn you,Go and sin no more.

Friends,

While debating for and against the Draft Law,I had reservations for the judges and magistrates on my understanding that they alone are not corrupt alone.I argued then and can still argue that society creates its own criminals.

In one of the local daily news papers,it was reported that lawyers facilitate a judge/ magistrate to win a case for their clients.Now,here you are with your lawyer,and there is the judge/magistrates.In reference to the above Biblical scenario,Who can surely throw a stone at the other!

I supported the draft law,and now the supreme law is at hand,but implementation is proving thorny.

1.Some lawyers have complained about some judges/magistrates hence the need to vet.
2.Judges have read ill motives and in particular barriers to the jobs that be ( CJ,AG,Judges) etc and have also listed about 100 lawyers not to be considered for any job.

We all remember Hon.rtd.Justice Ringera's dragon.He haunted judges and magistrates out of office,what happened!

In one of the most interesting cases,Hon.Mutula tore into pieces his clients'( Hon.Philip Waki) accusers.Waki returned with Gusto and performed work taht has never been compared with.

Now,Hon.Mutula in the justice docket,cannot visualize a kenyan to meet justice far awy at the Hague in the cold on matters to do with PEV.He has argued that Ocampo does not have an independent police,why cant the same applied with the kenyan suspects facing trial in uganda!How fit is Mutula to facilitate change for Kenyans reform agenda given that his ministry is a fulcrum here!

The legal profession is one are we are looking at.Which ares do you think needs redress!
And from the Ringera,Mutula type of actors,how clean are the cleaners for a better kenya so that all said and done,Kenya itaenda mbele.

John 8:12

Thank you all,

Evans MACHERA.







--- On Sat, 9/25/10, Robert Magee <rhomagrho@gmail.com> wrote:

From: Robert Magee <rhomagrho@gmail.com>
Subject: Re: [YP_Ke] Constitution Implimentation;Where are we!
To: youngprofessionals_ke@googlegroups.com
Date: Saturday, September 25, 2010, 2:06 PM

Machera: Your worries are in order. Those who are disturbed with what is happening understand the law. It takes such individuals to bring about a precident to fruition of interpreting constitutional law.

The demand can be made in court seeking clarification. Court fees will be involved so starting a public debate is better and then the press can take it over and editorialize the issue.

Filling an injunction to stop anybody involved from inserting new wording into the constitution is prudent. It may need collection of signatures from voters.

The system is young and not ready yet for what is coming. It will need public debate more and more creating constitutional forums that can fight and defend the constitution. You are doing the right thing as of now we must keep saying something about what is happening to remind ourselves our responsibility as a people.

On Sep 25, 2010 1:39 PM, "Evans MACHERA" <evansmachera@yahoo.com> wrote:


We,the People of Kenya,

Having voted overwhelmingly for the current supreme law that  that was promulgated recently with ecstasy though the party was stolen by one President Barshir,from the foregoing,it appears the implimentation process grew sharp thorns that are hindering the actors.

Our actors includes President Kibaki,PM Raila Odinga,the AG,CJ,Cabinet and parliamentarians.

This people were the first to swore allegiance to the constitution and believably meant well as they swore for and on our behalf.

Two areas seems to be breaking the bones akin to Things Fall Apart Okonkwo in his wrestles with amlinze the cat.

1.The Provincial Administration;-

In the wisdom of the Committee of Experts (CoE),they found it necessary to inscribe the in the draft law the term Restructuring upon the views the Kenyans gave.Now instead of embarking on debating bills or making laws in parliament to guide the process,our honourables are on air about disbanding or abolishing the entire structure of the provincial administration - politicians made interesting "civic education"where they heavily quoted the draft law out of context.

Some have the bitter feeling of the Moi days forgetting that Moi left the scene long time ago,and if anything,its implementation suitably and nothing else.

We need to restructure (apply appropriately) the structure to suit the devolved system.The government can recall for redeployment or even send some home/retrenchment,is it the first time to send people home!

Remember some are also retiring and their roles/duties can be syncronized to other departments - how will the office of the president operate without a system at the grassroot level!

What happened a few years ago when the dream team of Dr.Leaky,Naikuni and Martin Oduor were in the office !Did the incumbent go to school only to be employed as PCs,DCs,DOs,and chiefs only!


2.Vetting of Judges and Magistrates.

This is one of the areas that was meant to be urgent even as Hon.Justice Evan Gicheru heads home.Unfortunately the feet that be are dragging.Word had it that some undesirable wordings were inscribed for printing and non-other than Amos is responsible whether he denies,or proves innocent.

The clamor for jobs by the judges and magistrates at the Judiciary Service Commission ( JSC),CJ and AG   is causing unnecessary and uncalled for debate.As time lapses,a constitutional crisis becomes inevitable.

Now, my dear Kenyans,some times i do not understand ourselves - away from debating a lot which i like most,the timing of some actions derails me and often throws me off balance.We sometimes behave as if we have all just landed from a foreign trip to handle sensitive issues.

3.Political Parties

That political party leadership is yet to be applied to the letter is a clear signal of how much political party hold Kenyans.The current holders including the president are yet to shrug off party (PNU) leadership.Raila (ODM),Kalonzo ( ODK-K),kenyatta ( KANU),ETC
Safe for the President,the rest are 2012 presidential materials - are they going to use the party positions to ride on our back!I doubt for KANU given my previous misgivings on the Baba na Mama party.

To the diaspora brethren,its you make memorandums through KCA,KGU and even Vugu Mugu Movement to be registered shortly to press for the rights of other citizenry such as voting.
Given your academic standing ( i believe all of you have been to higher learning institutions, e-readyness and manageable figure each station,can conduct voting at the Embassies/High Commissions offices).

The Embassies/High Commission offices needs to be gazetted as polling centers.

All said and done,the 5 years implementation period will give us a good beggining for our country.

Evans MACHERA.







--
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2 - 2 B/R-Westlands (Rhapta Rd.) KSHS. 41,000 P.M.
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5 - 6 B/R Maisonette, in 1/4acre, Wood Avenue (behind yaya) Rent - KSHS. 200,000 negotiable, 3months rent + 3months deposit
 
For further details or viewing,Contact;Onyango,
0720 876942.

--
TO LET
 
1 - 1 & 2 B/R along Riara RD. rent KSHS. 38,000 & 50,000 P.M. respectively
2 - 2 B/R-Westlands (Rhapta Rd.) KSHS. 41,000 P.M.
3 - 3 B/R Yaya Area, KSHS. 65,000 P.M.
4 - 3 B/R Kileleshwa & Kilimani KSHS. 60,000 P.M.
5 - Self contained guestwing,Riaraa - KSHS. 17,000 P.M.
6 - 1B/R self contained,Riara, KSHS. 25,000 P.M.
 
OFFICES TO LET
1 - 6 B/R Bungalow + SQ, George Padmore Rd - Off Ngong RD.(behind Bishop Magua House) Rent KSHS. 200,000
2 - 3 B/R Maisonette + SQ on its own compound, Rent- KSHS. 140,000 P.M.
3- 4 B/R Bungalow +SQ in a 1/4 acre, Kiliimani, Rent- KSHS. 180,000 P.M.
4 - 7 B/R Bungalow + 2 Self contained Guest Wings in half an acre,Karen, Rent- KSHS. 380,000 P.M.
5 - 6 B/R Maisonette, in 1/4acre, Wood Avenue (behind yaya) Rent - KSHS. 200,000 negotiable, 3months rent + 3months deposit
 
For further details or viewing,Contact;Onyango,
0720 876942.

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