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Citizens' court action to reverse MP's salary scale to '99 rates!

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  • George Nyongesa
      By Okiya Omtata : Dear Citizens, Friends of Kenya, Ladies and Gentlemen, I hope you are having a great Sunday. This is to inform you that Okiya Omtatah
    Message 1 of 1 , Dec 7, 2008
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      By Okiya Omtata : Dear Citizens, Friends of Kenya, Ladies and Gentlemen,

      I hope you are having a great Sunday.

      This is to inform you that Okiya Omtatah Okoiti, Robert George Nyongesa, Inganga Mbinji, Patrick Ouma Onyango, Thomas Kagwe Mbugua, Hilda Obyerodhiambo, Boaz Waruku, Beatrice Kamau, Maurice Odhiambo, and Wambua Kawive (names given in the order they appear on the petition), will together move to the High Court on Monday, December 8, 2008, at 10 am, to demand the scrapping of the Parliamentary Service Commission for being in violation of the Constitution of Kenya.

      The petitioners are basing their case on Sections 1, 1A, 3, 23, 30,45A, 45B, 47, 48, 84, 99, 100, 105, & 123(8) of the Constitution of Kenya.

      Among the many prayers we are making to the High Court, we are arguing that as currently established the Parliamentary Service Commission is for all practical purposes a rogue 4th arm of government that is superior to the other three (Executive, Parliament and the Judiciary), and one that leaves the sovereign people of Kenya with no institutional mechanisms of holding it accountable. without a doubt, its creators were evil geniuses who, for example, sought to protect their illegal actions (i.e. allowing Parliamentarians to steal public funds, nay, legalising theft by servant which is a crime in Kenya) by using Section 45B (14) to oust the supremacy of the Constitution in the following terms:

      (14) This Part shall have effect notwithstanding any other provision of this Constitution and, accordingly, if any such provision is inconsistent with a provision of this Part, the provision of this Part shall apply.

      Does Parliament have power under Section 47 to suspend the supremacy of the Constitution or the application of Sections 48 and 107 of the Constitution as it does in Section 45 (B), which provides as follows:

      (13) For the avoidance of doubt and without prejudice to the generality of subsection (14), Section 48 and Section 107 (1) shall not apply in relation to the parliamentary service.

      Citizens, Friends of Kenya, Ladies and Gentlemen, according to our Constitution Kenya is a REPUBLIC. Hence, "republicanism" should be the paramount political value that our politicians uphold. Our Parliament must be the carrier of "republican" beliefs about civic virtue, and opposition to aristocracy and corruption.

      Republicanism always stands in opposition to any form of dictatorship or tyranny in the political realm by incorporating a rule of law that cannot be arbitrarily ignored by anybody, including the government. As John Adams put it, “They define a republic to be a government of laws, and not of men.”

      We must emphasize the fact that republicanism demands a citizenry that puts a premium on civic virtue and opposes corruption. Most scholars argue that republicanism is incompatible with office holders using public power for personal gain. Hence, what the MPs
      are doing by paying themselves exorbitant allowances and refusing to pay taxes on the same is a danger to the very foundations of the Republic of Kenya.

      Should our petition sail through, we are also requesting the High Court to reverse the MPs salaries to the 1999 rates, and order all the current and past MPs who were illegally paid the monies to refund the same to the State with interest at the court rates.

      Our lawyer is Mr. Kibe Mungai. He has built a very strong case against these trough feeders we call Honourable Members of Parliament. Let's take the war to them.

      Please, those of you who can should come to the High Court in Nairobi at 10 am tomorrow, Monday, December 8, 2008, and help us get our country back.

      Posted by:
      George Nyongesa
      Bunge la Mwananchi
      Tel: +254 720 451 235
      skype: mwananchimzalendo

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