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It is not age limit law on trial, the judiciary is

have spent the last one week in Nairobi studying the system that Kenya uses to distribute revenue.

Usuku MP Peter Ogwang, a commissioner at parliament, led nine of us to Kenya to specifically learn how their Constituency Development Fund (CDF) works.

Through the Division of Revenue Act, Kenya has institutionalized the sharing of national revenue. Under this act, for example, government is required to allocate not less than 2.5 per cent of its budget to the development of its 290 constituencies.

To prevent legislators from patronizing the Fund, a constituency office with functional committees is established in addition to a national independent board overseeing it, which sits at Nairobi.

We visited Kajiado constituency, one hour’s drive from Nairobi, and some of the projects constructed using the Constituency Fund are impressive.

Each constituency is allocated Ksh 100m (approximately Shs 3.1 billion) annually. There is also a formula and percentage of how much money is allocated to every county (federal states).

These are the sort of things we meant when we were demanding for federalism. We were dismissed as chauvinists who wanted Baganda elevated above everybody else.

The good thing is that Kenyans have been waving placards at their recent opposition rallies with inscriptions: “Kenya is not Uganda.” I think by embracing federalism, nobody will accuse Kikuyu, Luo or any other nationality in Kenya of chauvinism.

The truth is that Kenya doesn’t suffer from what Prof Apolo Robin Nsibambi used to call presidentalism. The formula of sharing revenue in Kenya is statutory. Delegations don’t have to visit State House for a few classroom blocks, police posts, scholarships or some medical equipment.

And it is not that Kenya doesn’t suffer third-world problems; they do, but I sense some willingness to sort them out institutionally.

While there last week, Kenyan parliament was conducting public interviews (hearings) for the post of attorney general.

The attorney general, chief justice, inspector general of police, chairman electoral commission and several other offices in Kenya are not by appointment. Adverts are published and interested persons apply for them.

This is what is slowly helping Kenya to fight patronage. You will, for example, not have a military colonel appointed deputy inspector general of police when there are clearly more deserving and qualified police officers. The Ugandan fellow (new deputy IGP) admitted during his vetting that he was going to learn on the job.

It is the Kenyan kind of recruitment that is giving officers freedom to exercise their independence and a fair degree of professionalism. Not surprising that Kenya became the first country in Africa to have its presidential elections annulled because of noncompliance with the law.

Our system offers protection to people who have been appointed to certain offices, especially in the judiciary. The recruitment is highly manipulated, but you are protected thereafter.

That is why I don’t believe in absolving individuals holding these offices from their statutory and professional responsibility. It is the reason I joined colleagues in filing a petition in the Constitutional court challenging the constitutionality of the recently-enacted Constitution (Amendment) Act commonly known as the age limit act.

I would have been hesitant to petition court if Steven Kavuma was still its head, but still I would have done so, at least for the record. Justice Alfonse Owiny-Dollo is not operating entirely in an influence-free environment, but he owes it to the country.

I am not naïve to think that Owiny-Dollo will perform miracles, but he can help lay a new foundation for the Supreme court and Court of Appeal. There was a time when the Constitutional court was the pride of the country when the likes of Amos Twinomujuni and Stella Arach were judges there.

Of course Mr Museveni, after losing several cases, vowed to sort the judicially and, with the appointment of Kavuma, not only did he sort it, but he totally disorganised it.

As Christians remember the resurrection of Jesus Christ this weekend, Owiny-Dollo has a perfect opportunity to think about resurrecting the court from Kavuma’s grave. Otherwise, soon we will no longer waste time filing petitions.

And mind you, we are not the only players. There are people who are as impatient as Museveni was in the 1980s. For them, they will not waste time with court; they may seek to resolve these issues the Museveni way.

Therefore, as we go to the High court in Mbale on April 4, it is not only the age limit amendment that will be on trial, but court as well.

First, as a person who filed a petition, I have not understood why court casually decided to shift the hearing to that place.

Court of Appeal doesn’t have office premises in Mbale; isn’t this a window to waste taxpayers’ money? I hope there will be no extra cost to the judiciary. Being law-abiding citizens, we will drive to Mbale and I hope it will be worth it.

The author is Kira Municipality MP and opposition chief whip in parliament.

Comments

0 #41 Lakwena 2018-04-03 08:53
Quoting ejakait engoraton:
So Mama UNITY, if Mama Mabira ANY WAR is spineless, if the ACHOLI tribal leader is what you paint him to be, shall we paint all ACHOLI with the same brush.

So why do you attack n disparage all tribal chiefs because of your Ogwang Gweno chief


In other words Ejakait, Mr. M7 is the Ogwang gweno of all the ogwang gweno, finishing off our gweno.
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+1 #42 kelem 2018-04-03 11:54
But when will Ugandans awake from their deep sleep and realize that there is a cancer in state house????
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+1 #43 ejakait engoraton 2018-04-03 12:51
LAKWENA, I love my LAMINA AKOT and even though we argue, she knows that I am her brother ONEN.

I did not know what to make of her, because she (stubbornly) goes over the same point over and over.

I was talking to one of my brothers called NYEKO and told him about this my Lamina Akot who argues and argues and he told me " she must be from PADER. Those ones they argue FAAAAAAAAAAA and will argue til the cows come home"
I am a lot wiser now.
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+1 #44 ejakait engoraton 2018-04-03 12:59
AS for my friend WAMESE , I can only put him in the same group with MUZAATA and TAMALE MIRUNDI , people who claim they are GANDA and yet the biggest enemies of their people.

They used to say that BUGANDA/BAGANDA worst (or best) enemy is Baganda, but I think this would apply to other tribes now , if what the likes of ANY WAR and OULANYAH are up to is anything to go by.

TM and MUZAATA came out with guns blazing when MENGO wanted to protect people on MENGO and KABAKA land by issuing them with titles , the so called "Kyapa mu ngalo", but the duo came out saying that this was a ploy to steal the peasnts land, land they did not own in the first place and which Mengo was giving them a chance to be part owners.

The only thing is that this TM and MUZAATA "forgot" to tell the same peasants that they were beneficiaries of the same "thieving" system that Mengo was rolling out.

WAMESE is of the same ilk, only worse.
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0 #45 ejakait engoraton 2018-04-03 13:10
WAMESE- have you ever heard of something called "verbal attack" or a type of assassination called "character assassination", it uses no weapons, no sticks, spears or guns, but is an attack nonetheless.

You claim rightly , and this is something that I brought up first , that Mutebi was not answering M 7s calls.

IF AKOT , who is your partner in crime called you and you did not take her calls, would you still call her your buddy.

And even if she did not, would you end up attacking her.I have asked you before , and like the proverbial dog , folded your tail, put it between your legs and run off, do you know the things that Mutebi/Mengo can/can not do within the law - constitution?

Do you know that M 7 has a right to request an audience with any person in Uganda, including Diplomats who otherwise have immunity.

Do you know that he requests to meet them as head of state and that though Mutebi can meet the president laws govern him as to interaction with the opposition.
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0 #46 ejakait engoraton 2018-04-03 13:18
I DOUBT your little brain can comprehend such issues.

Do you know for instance, even though the setting is very different, that the QUEEN of ENGLAND has a weekly audience with the prime minister of the government of the day, but hardly ever meets the leader of the opposition .

Does it mean the Queen only "loves " the party in power and has no love for the opposition.

Argue with facts and knowledge and do not be like one leader who is called "MWOGEZA BUTAMANYA".

YOU claim that you were ready to DIE for MUTEBI during the Kayunga riots. I doubt you would be willing to die for yourself, let alone for your family or even provide for them adequately.

The way you attack MENGO simply as you claim to hate M 7 , you are the type who gets into a bar brawl and then goes home and beats your wife and children, if you have any.
Mbu MUTEBI sleeps in Entebe( it is spelt ENTEBBE)
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+1 #47 Lakwena 2018-04-03 14:24
Quoting ejakait engoraton:
LAKWENA, I love my LAMINA AKOT and even though we argue, she knows that I am her brother ONEN.

I did not know what to make of her, because she (stubbornly) goes over the same point over and over.

I was talking to one of my brothers called NYEKO and told him about this my Lamina Akot who argues and argues and he told me " she must be from PADER. Those ones they argue FAAAAAAAAAAA and will argue til the cows come home"
I am a lot wiser now.


But Ejakait, that means be ware of Odonga Otto!

If he reads this, he could be shadow-boxing you. Please don't go in that direction.
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0 #48 ejakait engoraton 2018-04-03 17:39
Lakwena, if I'm confronted by Otto, I have a ready defence.

I will say it's the women!!!!!!!
Desperate times call for desperate measures!!!!
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0 #49 Akot 2018-04-03 19:21
Quoting kelem:
But when will Ugandans awake from their deep sleep and realize that there is a cancer in state house?


Thanks!

Some Ugandans still tell Akot off for boring/singing them to UNITY!

+32 years & museveni has made it clear he is going no where & will let no other, not even any one from nrm, take his place, but this has not woken Ugandans up as to what the next 30 years under museveni will be!
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