Any person with a brain knows that the judiciary is the greatest impediment to the emergence of Kenya as a modern state. It is inept, inefficient and corrupt.
In the last two weeks the rotten institution has however made two rulings that I absolutely love.
The first was made by the High Court on homosexuals last Friday. It said laws must take cognizance of a people’s culture and mores.
The second ruling was made earlier, and concerned the sacked finance manager of the National Water Conservation and Pipeline Corporation (NWCPC), now known as the National Water Harvesting & Storage Authority (NWHSA).
In the ruling, three judges of the Court of Appeal said that ANY ASSETS OF A CIVIL SERVANT THAT COULD NOT BE EXPLAINED could be seized by the state even without court proceedings, ie, even before the civil servant is convicted of corruption.
I do not know why this ruling has not received the attention it deserves. IT IS SEISMIC AND GAME-CHANGING in the wa against corruption.
Now, all the EACC has to do is ask you; “How did you acquire these flats on a salary of Sh60K?” If you don’t have a reasonable explanation, zinachukuliwa.
And that goes for assets listed under your kin.
Amidst the gloom and doom, let’s celebrate these little victories.
[SIZE=2]PS: Niweke paybill ama nisiweke? Mbirrioneas wakifika kumi nitaweka…[/SIZE]
Any legit wealth can be explained and a trail of how you acquired it established. They now need to start combing bank accounts and start calling people to integrity centre to explain source of the huge cash. Alafu pia they start a portal where we can snitch on these KRA guys who own rental properties everywhere
mzae hata kama wewe ni ghassia hapa niko nyuma yako ,
third ruling yenye imenikasirisha and the constitution needs to be amended like yesterday is the anticipatory bond yenye WAITITI alipewa . hii kitu banaaa lazima itolewe ati unaiba 10 billion kama KIdero then unaambia Ojienda aende achukue hio upussss , unaendelea kumeza gibleys askari wakifika unawapea tot na kuwaambia wakunywe ama wajitombe .
How ? Dude, a daughter of Governor X, who is still in school has over a ksh100 million in her account, what other ceremonies ought to be performed, if she cannot explain her source of wealth ?
There are the ones that are glaringly obvious like babayaos daughter, or even the one where a state official was banking 1mill everyday in his accounts. But there are others that are not so obvious.
What happens in cases for example that I buy a property worth 100mil. I can prove with documents where 70mill came from but cant quite prove where another 30mil came from though it did come from deals here and there but I cant quite prove it.
Also, what if an official in EACC eyes my property and wants it. You can be sure that with enough digging, something can be found on pretty much anyone. Remember the Mwilu case where she was being charged with failing to pay taxes worth 60k on a property she has?
what am saying is, will there be a threshhold that must be reached b4 anyones property/bank accounts can be expropriated…