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AG Githu Muigai Has Earned Worst Attorney General Title In Record Time–An Update

In AG Githu Muigai Has Earned Worst Attorney General Title In Record Time posted back in January this year and only a few months after he was appointed, I made the case why the AG had earned this dubious distinction.

A lot has happened since that if anything made that case even stronger and, as if not to disappoint in that assessment, it is now being reported by the Standard Online that the Muigai now wants the ICC cases to be postponed because going forward with the cases is going to be an inconvenience for Uhuru and Ruto in case we have a run-off.

Is this man really serious?

That reason is not only the lamest and laughable excuse one can give to defer any criminal case, let alone an ICC case it goes to show Muigai and those whose interests he is serving in raising this lame argument either don’t respect the law or they don’t have any respect for the victims of PEV either.

It’s perfectly okay for the AG to say things that are embarrassing to himself and those he represents locally but it’s quite another thing when he embarrasses us all on an international level such as what he has done here–yet again.

I am without words and so should everyone except to tell the AG to simply start wearing a bag over his head for I don’t know how he faces the public upon saying things like this.

But he again may not be fazed by what he has said and more so the reason he earns the title he has bestowed upon himself.

Here is an excerpt from the story.

“Government wants The Hague trials against two presidential candidates — Deputy Prime Minister Uhuru Kenyatta and Eldoret North MP William Ruto — postponed because of the likelihood of a run-off in the race to State House. Though it is not clear if the State will formally seek the delay through an appeal to the International Criminal Court, Attorney General Githu Muigai told an international forum on The Hague-based court that ICC should be flexible and sensitive to Kenya’s plea.”

“The Kenyan case is more complex because two suspects are presidential aspirants in next year’s polls,” Githu told the ICC conference in Nuremberg, Germany. Githu was making a presentation on Kenya’s efforts to complement ICC on prosecuting other perpetrators of the 2008 post-election chaos, on Saturday.”

Even our brothers and sisters who worship these men must surely agree this is got to be a joke.

Please don’t get me wrong; I am all for these two not to be prevented from vying for whatever office they fancy, including the presidency but this is way too embarrassing for the AG to make and one which is also clearly without any legal of factual basis.

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Posted by on October 7, 2012 in Law, Politics

 

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Update: AG Githu Muigai Has Earned Worst Attorney General In Kenya Title In Record Time

Sheria House Nairobi, Kenya

If anyone has ever doubted the in Prof. Githu Muigai we have a failed AG and actually likely to be worse than Wako, if that’s possible, all one need to know is this: he is advising the government to appeal a decision which there is clearly no legal basis to appeal.

High Court Lady Justice Mumbi Ngugi has ruled that President Kibaki flouted provisions of the Constitution by creating non existent positions of County Commissioners and appointing people to fill them in disregard of the Constitution.

In her judgement, the judge ruled that the President violated the provision on gender balance and those that required him to consult with Prime Minister Raila Odinga in line with the National Accord and Reconciliation Act.

Lady Justice Ngugi held that the President did not have any powers to appoint the Commissioners but even if he did, he ought to have consulted the PM.

The judgement was delivered on a petition that was filed by lobby groups challenging the appointments.

“At long last, the people of Kenya have been vindicated in their clamor for respect of the Constitution,” said Anthony Oluoch, a lawyer representing the petitioner.

The petitioners had faulted the appointments citing the requirement of the Constitution including gender balance, consultation with the PM and the National Values and principals of governance.

The AG has now said he and Kibaki plan to appeal the decision.

This is very perplexing because the AG cannot articulate even a single plausible legal or factual reason why he thinks it’s good idea to appeal this decision other than to please his political bosses therefore putting him at par with his predecessor in award winning performance when it comes to doing the bidding for State House at the expense of the rest of the country.

What I find even more interesting that neither the media nor others have yet to point out is, it not only makes no sense to appoint people to positions that don’t exist under the law, the AG perhaps upon being told this after the fact hurriedly scrambled to send a bill to Parliament in failed efforts to legitimize their appointment, it is doubly nonsensical to rush to Parliament a bill that actually contradicts an existing law!

There is actually a law in the books Kibaki is ignoring that was precisely passed and he assented to it on how to deal with this very issue!!!!

The law, known as the Transition To Developed Government Act 2012  establishes a Transition Authority whose mandate shall be to [i]”facilitate and co-ordinate the transition to the devolved system of government as provided under section 15 of the Sixth Schedule to the Constitution.[/i]”

Kibaki’s appointed these illegal commissioners in total disregard of this law which tells you how much he regards the law especially when the law stands in the way of meeting his political objectives.

When the AG’s advises him to scramble and pass another law essentially replacing this one and leading into a situation were we have two laws in the books contrary to each other, we can only but conclude what many, including yours truly have been saying and that is, AG Githu Muigai has earned worst Attorney General in Kenya in record time and let’s all hope it doesn’t get worse.

 
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Posted by on July 4, 2012 in Law, Politics

 

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AG Githu Muigai Has Earned Worst Attorney General In Kenya Title In Record Time

In an unprecedented manner, Attorney General Githu Muigai has broken a record in earning the Worst Attorney General in Kenya title.

That does not mean he holds the position to the exclusion of all others.

Others before him took years to finesse their skills in serving their master, namely, the individual holding the position of President aka Kenyatta and Moi, in their respective times before earning that title but Githu has surpassed them all with the speed he has earned the title, given he has been in office for only a few months.

One may be quick to dismiss this as being said in jest but, seriously, can anyone identify one thing Muigai has done Wako, for example, could not have done equally as bad, but certainly not worse, given the latter toward the end of his “career” as AG rediscovered the fact being an an Attorney General was more than serving the narrow interests of the person occupying State House as president?

Well, at least to the extent he defied his previous self and Kibaki by correctly lining himself with the PM and others who stood the ground and made it known Kibaki was in violation of the constitution in his attempt to illegally stuff key constitutional offices with his handpicked candidates rather than going though the clearly established constitutional manner of appointing such officers.

Ironically, one of those handpicked candidates was none other than Muigai himself Kibaki still insisted and had him nominated and appointed AG against wiser counsel and yes, the PM could have once again stood his ground and had the position filled with at least not another Kikuyu but, as yours truly blogged at the time in The Meaning of President Kibaki’s Appointment of Prof. Githu Muigai As Attorney General,

The PM was successful in thwarting Kibaki’s efforts the last time he attempted to illegally nominate and appoint Muigai and the other allies to the various constitutional offices because Kibaki was clearly acting in violation of the constitution and the public was not going to stand for that flagrant abuse of power, unlike the past.

In this case, however, we are told the president consulted the PM before re-nominating Muigai.

The constitutional consultation requirement has therefore been satisfied, unlike the last time when Kibaki attempted to install Muigai without consulting the PM.

The requisite consultations having occurred, the PM either had to agree with the nomination, or object to it.

Having not objected, one can only conclude the PM did not object because he could only do so based on sound legal ground and one which Kibaki could ignore only at his own peril.

I see none this time around.

Githu is for all I know superbly qualified to be appointed AG.

None of what I say here is legal basis to oppose his appointment, let alone succeed in blocking it.

What I say here, however, is a moral basis to oppose his appointment which would be counterproductive for the PM himself to mount, given the fragile coalition we have and coming to a natural end, as it is.

Besides, if the PM doesn’t really care about the appointment, he can show Muigai the door, once he is elected president, if Kenyans give him the nod as expected, given the AG does not have security of tenure.

In other words, Raila comes out of this the statesman he is; why pick on fights that don’t improve the situation but make it worse?

As Kenney Rogers sings in the Gambler, “you got to know when to hold em, know when to fold em.”

There are some battles not worth fighting.

Knowing how some of my readers misread what I say, let me reiterate what I say is merely an expression of an opinion and neither does what I say have anything to do with PM’s thinking or reasoning in all of this for I never know and don’t know what that could be.

Mine is simply an analysis, based on publicly available information.

Ens quote.

In just the last several days, Githu has managed to earn the Worst Attorney General In Kenya in a record time because of three reasons:

First, he has done nothing to show that he is any different from his predecessors in as far as he has taken Kibaki–forget about Raila, as his client, not the government which draws its legitimacy and power from the people such the people are the AG’s client as well.

Second, to confirm the preceding Reason No. 1, Muigai allowed the most embarrassing words that can fall off a lawyer’s lips other than Kivuitu declaring Kibaki as president despite the glaring irregularities of the poll results, and that is, in Kenya, one accused of crimes against humanity such as murder and rape can nonetheless hold public office because such crimes are alleged to have been committed in their “personal” capacity, or off-duty that is.

Third, besides the preceding Reasons No.1 & 2 the AG has now picked a fight with the Solicitor General apparently involving transfer of lawyers from the AG’s office to the covetous Foreign Affairs office.

If this was a routine intra-agency or even inter-agency turf war between Muigai and some other bureaucrat, one would ignore and make nothing of it.

That’s what some of us did when it was reported that the AG and CIC Chairman Charles Nyachae were locking heads over who is serving Kibaki’s interests better.

The two had a meeting and apparently whatever that was, was smoothed out but it should be remembered the two are supposed to serve the interests of the people, not any particular person.

According to the Standard Online story, however, there may be more there there here than merely another turf-war in this latest power grab or attempt of it by the AG. Muigai is apparently miffed that his seconding of three Principal State Counsels–Jeannette Mwangi, Patrick Okoth, James Waweru and Senior State Counsel, Robert Kungu to Foreign Affairs “upon request by the ministry.”

One need not know what the underlying reasons or validity of those reasons are for the Solicitor General to have apparently opposed the AG’s effort to transfer these lawyers to Foreign Affairs.

The AG earns the title Worst AG in Kenya simply by seconding four lawyers to Foreign Affairs where 2 of those are Kikuyus.

It’s an offense for which he should also be sacked.

Have these men have no shame at all?

When would this flagrant, in your face vitendo end?

I have previously blogged that a law should be passed to make it a criminal, not just a civil offense for flagrant nepotism and tribalism.

While favoritism along tribal, personal and other bases will never end and it’s unreasonable to expect it to end, stuffing people in virtually all vacancies in certain departments by people from one community is evil and should be condemned by all of us, including those whose community benefits as such for surely, we have to have some sense of balance, proportionality and fairness to all.

Peace, Unity and Worst of AGs In Kenya

Omwenga

 
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Posted by on January 31, 2012 in Law, Politics

 

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The Meaning of President Kibaki’s Nomination of Prof. Githu Muigai As Attorney General

By nominating Prof. Githu Muigai, President Mwai Kibaki has accomplished something of a rarity for a meek but sleek politician like him: He has flipped the finger on Kenyans; he has flipped the finger on Kikuyu lawyers and while at it, he has flipped the finger on all Kenyan women lawyers.

The position of Kenya’s attorney general was held by the venerable Charles Mugane Njonjo from our country’s independence through 1979, when Amos Wako effectively took over the portfolio in 1991 and clung to it in good times and bad times until this month when he was forced to exit, smiling.

President Kibaki has now nominated Githu Muigai to succeed Wako.

What is wrong with this picture?

First, it’s wrong to have public officers serving this long in any office.

Second, when I implored Kibaki to lead in ending tribalism in Kenya and asked our fellow brothers and sisters from Central to do the same thing, a blogger commented on my efforts as being a waste of time for, according to him, Kibaki is the most tribalist president we have had.

I don’t know about all that that but Kibaki has done nothing but propagate this belief among many, with his nomination of Githu Muigai as AG.

Surely, he could have found an equally, if not more qualified Kenyan from other tribes than returning the portfolio to his fellow Kikuyu.

Again, before I hear this from someone, let me hasten to add there is nothing tribalistic in saying what I am saying.

I will say the same thing, if it was a fellow Kisii doing the same thing.

But, why has the president nominated yet another Kikuyu to the AG position?

It is not as if the president is unaware of what appointing another Kikuyu to the position entails.

He is and in my humble view, he is flipping all of us, the finger.

After all, he is the president and this is the last months of his last term.

In other words, he and his advisers must be telling themselves, “we can do this; what is anybody going to do about it?”

The timid Kenyans we are, we must accept this as reality and move on, so the belief goes.

They may have a point, but change is coming where these will be truly attitudes of the past.

But beyond Kenyans as a whole, the president has flipped an even bigger finger to two specific groups:

The first one, is the rest of his fellow brethren from Central.

After his botched attempt to install Muigai as AG, only to be foiled by Raila, Kibaki should have altogether let go the idea of installing Uhuru Kenyatta’s cousin as AG and if he and his advisers this strongly believe he had to have a Kikuyu in the slot, then he should have at least identified and appointed one from among the many other Kikuyu lawyers in the country other than the man he clearly did not have qualifications alone in mind when he tried to recklessly ram him through the process the last time.

Instead, Kibaki has chosen to return to the same man, Githu, which can only mean he has concluded Githu is the only qualified Kikuyu lawyer in the country fit for nomination and appointment to the position of AG.

To those who think otherwise, especially my learned Kikuyu friends, the president is flipping a finger to all of you.

Again, the question they have asked and answered in the negative is, what are you going to do about it?

Kibaki is, after all, the president and is serving the last months of his presidency.

Women have not fared any better in Kibaki’s thinking and calculations.

With the new constitution, which Kibaki does get part credit for helping getting it passed, the role of women in government is greatly encouraged and, in fact, mandated.

Kibaki would have acted in the letter and spirit of the new constitution by appointing a woman as our first woman AG.

Instead, Kibaki has recoiled to appointing yet another man to this important position, which can only mean he has concluded there is no woman qualified to hold the position.

To those who think otherwise, especially my learned female friends, the president is flipping a finger to all of you, too.

What are you going to do about it?

He is, after all, the president and is serving his last months of his presidency.

Sad, but true, I believe.

I know the question running in some of your minds is, where is Raila in all of this? Hasn’t the president made these nominations upon consultation with the PM?

From what I can tell by merely putting two and two together, and not based on any first hand or second hand or even third hand information, Raila has not objected to the appointment of Githu Muigai because he does not have a legal basis to do so.

The PM was successful in thwarting Kibaki’s efforts the last time he attempted to illegally nominate and appoint Muigai and the other allies to the various constitutional offices because Kibaki was clearly acting in violation of the constitution and the public was not going to stand for that flagrant abuse of power, unlike the past.

In this case, however, we are told the president consulted the PM before re-nominating Muigai.

The constitutional consultation requirement has therefore been satisfied, unlike the last time when Kibaki attempted to install Muigai without consulting the PM.

The requisite consultations having occurred, the PM either had to agree with the nomination, or object to it.

Having not objected, one can only conclude the PM did not object because he could only do so based on sound legal ground and one which Kibaki could ignore only at his own peril.

I see none this time around.

Githu is for all I know superbly qualified to be appointed AG.

None of what I say here is legal basis to oppose his appointment, let alone succeed in blocking it.

What I say here, however, is a moral basis to oppose his appointment which would be counterproductive for the PM himself to mount, given the fragile coalition we have and coming to a natural end, as it is.

Besides, if the PM doesn’t really care about the appointment, he can show Muigai the door, once he is elected president, if Kenyans give him the nod as expected, given the AG does not have security of tenure.

In other words, Raila comes out of this the statesman he is; why pick on fights that don’t improve the situation but make it worse?

As Kenney Rogers sings in the Gambler, “you got to know when to hold em, know when to fold em.”

There are some battles not worth fighting.

Knowing how some of my readers misread what I say, let me reiterate what I say is merely an expression of an opinion and neither does what I say have anything to do with PM’s thinking or reasoning in all of this for I never know and don’t know what that could be.

Mine is simply an analysis, based on publicly available information.

I say this because many times, we express opinion and people automatically ascribe it to those we support, forgetting or ignoring the fact that the two are not always one and the same.

In sum, Kibaki’s nomination of Githu Muigai goes to confirm what I have been saying all along, and that is, ending tribalism is a tall order but I still have faith we shall slay the ugly animal sooner than later and, yes, I still have faith and believe Kibaki and our brothers and sisters from Central have a big role to play in this effort.

I continue to urge them to do just that.

Peace, Love and Unity

Samuel N. Omwenga, Esq.

 
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Posted by on August 25, 2011 in Politics

 

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