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Joel Gatama's blog
writing wrongs with wrongs... the politcal way of doing things

The kenyan parliament might have sidestepped the question of trade oof but i am extreemely worried about the precendence that it is setting out for us. The Ringela issues comes out as wakeup call to the custodian of rule of law. The only reason that there are three arms of goverments is to ensure that there are checks and balances to ensure no one person has more power than he can control.
It is true we have had to suffer the effects of an executive and impreial presidency for long, but what is more worrying is the direction that parliament is taking to coreect this issue. I am not qualified to say whether it was the right decision that the president took to re-apoint Ringela but i can foresee the problem that our current parliament is creating for all of us. I t might be inorder to annul the appointment but the parliament took powers that are not confered to it. Yes, it is true we might not have gotten a fair hearing from the courts but nevertheless it is not right to correct a wrong by commiting another wrong. We are all fighting that everyone to live withing his mandate. The notion that judicially is flawed is the same reason that we went to chaos after elections. It is not fair to judge one without giving them a fair hearing. This is not correcting impunity but rather moving it from our point to another.
There two instances that parlaiment has seemed to act in the interest of the public but i remain pesimistic on the real reasons.
1. Kimunya vote of no confidence. True we all celebrated the parliamentary show but what we failed to realise is that kimunya's downfall was perk on the mps, in kimunyas budject the mps would have beenn taxed, something they all seemed to disagree with. His exit saw the exculsion of the clause and ensured nobody else did not try to include inorder to avoid the same fate. Mps won by deafult, they did no have toi look bad to the country.
2. the recent Ringela issue, this has come when KACC has been clomouring for prosecution powers. the current stalement ensures that KACC will be grounded for consinderable amount of time. Most of the Big FISH as we term them are the same MPs who ensured they is a stalement. To me this is an opportunity for them to derail the investigations and ensure that most of them are safeguarded. We all know whom we want to see indicted and we know there are the same MPs and thier political parties leaders. Why would they try to protect them.
Far from these we cannot solve a problem by taking away an impreial presidency and relacing him with a dictatorial parliament. We all need to respect the terms of refrence of our responsibilities. If parliament is unhappy by any clause in the consitution it is is the law making organ just amend it but dont try correcting it by breaking others. The precendent will not be good at all.

September 19, 2009 | 5:56 AM Comments  0 comments

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