Kama jaluo rade gi joluo wadgi

02/14/2003
WECHE MOKADHO AGAJA KUYO BARUPE WECHE DONGRUOK MBAKA NONRO JEXJALUO ** NGECHE LUO GI GWENG' THUM TEDO LUO KITGI GI TIMBEGI SIGENDNI LUO THUOND WECHE Nwang' e-mail ka jaluo.com**	Kibaki's health and the Nation Incase the president is unable to discharge the powers and the duties of his office due to bad health, the question is " WHO IS IN CHARGE" ? Right now, Kenyans need to look into this matter very seriously, or else we may have a constitutional crisis. Our president is not healthy, so is the VP. Let me address it from the United States perspective, because they have been faced with this kind crisis before: Between 1787 and 1967, the ambiguities in the U.S. constitution cast doubts on presidential succession. actions by "accidental presidents" beginning with John Tyler, established a tradition of orderly transfer of power, but it was without basis in constitutional law. It was not until the ratification of the 20th amendment in 1933 and, more significantly, the 25th amendment in 1967, that most of the elements of presidential succession were clarified and incorporated into the constitution. When Gerald Ford succeeded Spiro T. Agnew as a VP in 1973, the then president Richard Nixon as president in 1974 ( named and secured confirmation that Nelson Rockefeller is his own successor that year). The importance of these constitutional changes were then evident. On July, 13, 1985, during President Reagan's cancer surgery, the disability clause of the 25the amendment was invoked for the first time as VP George Bush Snr. was designated acting president of the United States during the duration of the anesthesia. This orderly transfer back and forth contrasted strongly with the chaos following the shooting of president Reagan in 1981, when secretary of state Alexander M. Haig Jr. attempting to calm the nations fears, declared that he was the one now in charge. Infact, the then VP Bush, the speaker of the house, and the president protempore of the senate all preceded the secretary of state in order of presidential succession. Here in America, presidential succession, is a term that describes the arrangements under which presidential authority of the United States may be transferred other than by means of quadrennial presidential election. Specifically, it embraces those procedures that apply to cases involving death, resignation, removal, or inability of a president or vice president, and the death or failure to qualify as the president elect or VP elect. these procedures are defined in three parts of the U.S. constitution. Article II, section I, clause 6; the 20th amendment; and in the presidential succession law passed by the congress in 1947. The importance of a system of presidential succession has been demonstrated repeatedly through the U.S. history, but especially in the 20the century. Between 1901 and 1974, five presidents became presidents as a result of four presidential deaths and one resignation. In the 19th century, four other VPs became presidents after the president's death. Between 1841 and 1975, more than one third of the presidents either died in office, resigned, or became disabled. Of the seven American VPs, seven have died in office and two have resigned. All together, the second office has been vacant for more than 37 years. In this present U.S. system, article II section 1, clause 6 of the constitution, as supplemented by section 1 of the 25th amendment, provides that the VP becomes president in the event of death, resignation,or removal of the president. When any of these contingencies occurs, the VP takes the presidential oath for the rest of the term. Section 2 of the 25th amendment prescribes a procedure for filling the VP vacancy. The president nominates a VP who must be confirmed by the majority vote of each house of the congress. Section 3 and 4 of the 25th amendment deal with case in which some condition or circumstance such as physical or mental inability, prevents the president from discharging his powers and duties. What Kenyans must know since our laws borrow mostly from the British laws, and both the the British Laws and the United States Laws did borrow from the Magna Carter. There has only been slight changes made in each country but some of these laws tends to be universal. The sections of the American laws I have mentioned above, sounds more or less like what Kenyans would do. I will therefore, make it very clear. Incase Kibaki feels unable to discharge his duties, the VP Kijana Wamalwa will then simply discharges the duties of the president until the president recovers from inability. And we have seen Kijana Wamalwa attending to a military pass out parade in Eldoret in such capacity. Here in the U.S. section 3 allows the president to declare the beginning and ending of his own inability. Section 4, covering the case in which the president is unable to make or communicate a decision of inability, authorizes the VP and a majority of the cabinet or of such other body of congress may by law provide to declare the existence of such inability. When un inability is declared under section 4, the president is prevented from resuming his powers and duties fro a period of 4 days from the time from the time he declares the end of such inability. If during the 4 day period the VP and the cabinet should dispute the presidents declaration of recovery, the congress must then decide the issue. it has a maximum of 21 days to do so, and a two thirds vote of each house is required to prevent the president from resuming his powers and duties. During the period, congress has to decide, the VP continues to act as the president. Article II section 1 clause 6 also authorizes the congress to establish a line of succession to the presidency in the event of simultaneous vacancies in the office of the president. Pursuant to this provision, congress adopted a law in 1947 that places the following persons in line of the succession after the VP. First, the speaker of the house, then the president protempore of th senate, and then members of the cabinet in the order in which their departments were created. The 20th amendment provides for other contingencies. In the event of the death of the president elect, it provides the VP shall become the president for full term. If the president elect fails to qualify lets say by falling short of residency or age requirements... the the VP acts as the presi until the presi himself qualifies. The amendment further authorizes congress to provide for the death or failure to qualify of both president and the VP which the U.S. congress has done in the succession law of 1947. Before the adoption of the 25th amendment in 1967, the cornerstone of the U.S. presidential succession system was found din article II section 1, clause 6 which provides " Incase of the removal of the president from office, or of his death, resignation, or inability, both of the president and the VP declare what office shall then act as president, and such office shall act accordingly, until the disability be removed, or a president shall be elected. Now Kenyans are not sure what is the condition of the health of president Kibaki. yesterday we show him taken around Nairobi as some short of a presidential health propaganda. The 65 years old Boris Yeltsin did this when he was running against communist candidate Zyuganov. Twice Mr. Yeltsin was hospitalized for a serious heart trouble, but yet they could still take him around and even force him to do a little dance to the public just to make them think the president is doing fine. In a series of events as it is now evident with Kibaki, Yeltsin never appeared in some very important events and schedules. The first appearance he cancelled was campaign schedule organized by the Russian newspaper Moskovsky Lomosolets which was very very important for him to attend. Yeltsin then cancelled a Kremlin meeting with presidents of Ukraine and Moldova. In the meantime, he insisted that he is healthy and doing fine. He was telling the worried Russians that he lost his voice simply from giving too many speeches. Finally time caught up with him and he had to bow out. It would be very wise for Kibaki to hasten the changes he promised Kenyans especially the continuance of the constitutional review process which would create the PM slot for Raila Odinga. Among Kibaki's lieutenants in NARC, only Raila comes first among equals as the country's most beloved politician with a clean bill of health. Otherwise, the GEMA Mafioso will take the advantage of the president's inability to mess up the NARC system of governance based on the original memorandum of understanding. These Nyang'aus are running loose and someone needs to contain them before they plung' the country into a crisis. People like Kiraitu Murungi needs to have their wings clipped. Challenging Raila would be like digging his own political grave where he will be buried six feet under. Without Raila giving Kibaki the presidency on a silver platter.. Kiraitu Murungu would still be sweating with wrinkled files in the Nairobi's court corridors. Kweli nyani haoni kundule. Harrison Wayoga Albany, GA. Ka in gi mari moro ma di wandik ka to orni Akelo,Nyar Kager jaluo@jaluo.com Daher winjo dwondi in bende, iwinjo?	Waparo mar paro jotend Luo mosekelo pogruok e piny Luo chakre higa 1900 nyaka 1999 e gweng'u kata ei Luo duto. Koro wakwayou uduto ni par uru ane jogo ma di uket nying gi ka kod weche duto ma ung'eyo kuomgi mondo uor ni Akello NyarKager: jaluo@jaluo.com Kata inyalo oro twak kod weche manyien ne: Mig. Ajos wuod Atiga WuonAbila@jaluo.com GALAMORO : Riwruok mar JOLUO e Piny Ngima, orwaku uduto mondo ubed e kanyakla mar burani. Ornwa nyingi gi nondi kaka obedo. Riwruok e teko joka Nyanam. WENDO MIWA PARO OD PAKRUOK

Incase the president is unable to discharge the powers and the duties of his office due to bad health, the question is " WHO IS IN CHARGE" ? Right now, Kenyans need to look into this matter very seriously, or else we may have a constitutional crisis. Our president is not healthy, so is the VP.

Let me address it from the United States perspective, because they have been faced with this kind crisis before:

Between 1787 and 1967, the ambiguities in the U.S. constitution cast doubts on presidential succession. actions by "accidental presidents" beginning with John Tyler, established a tradition of orderly transfer of power, but it was without basis in constitutional law. It was not until the ratification of the 20th amendment in 1933 and, more significantly, the 25th amendment in 1967, that most of the elements of presidential succession were clarified and incorporated into the constitution.

When Gerald Ford succeeded Spiro T. Agnew as a VP in 1973, the then president Richard Nixon as president in 1974 ( named and secured confirmation that Nelson Rockefeller is his own successor that year). The importance of these constitutional changes were then evident.

On July, 13, 1985, during President Reagan's cancer surgery, the disability clause of the 25the amendment was invoked for the first time as VP George Bush Snr. was designated acting president of the United States during the duration of the anesthesia.

This orderly transfer back and forth contrasted strongly with the chaos following the shooting of president Reagan in 1981, when secretary of state Alexander M. Haig Jr. attempting to calm the nations fears, declared that he was the one now in charge. Infact, the then VP Bush, the speaker of the house, and the president protempore of the senate all preceded the secretary of state in order of presidential succession.

Here in America, presidential succession, is a term that describes the arrangements under which presidential authority of the United States may be transferred other than by means of quadrennial presidential election. Specifically, it embraces those procedures that apply to cases involving death, resignation, removal, or inability of a president or vice president, and the death or failure to qualify as the president elect or VP elect. these procedures are defined in three parts of the U.S. constitution. Article II, section I, clause 6; the 20th amendment; and in the presidential succession law passed by the congress in 1947.

The importance of a system of presidential succession has been demonstrated repeatedly through the U.S. history, but especially in the 20the century. Between 1901 and 1974, five presidents became presidents as a result of four presidential deaths and one resignation. In the 19th century, four other VPs became presidents after the president's death. Between 1841 and 1975, more than one third of the presidents either died in office, resigned, or became disabled.

Of the seven American VPs, seven have died in office and two have resigned. All together, the second office has been vacant for more than 37 years. In this present U.S. system, article II section 1, clause 6 of the constitution, as supplemented by section 1 of the 25th amendment, provides that the VP becomes president in the event of death, resignation,or removal of the president. When any of these contingencies occurs, the VP takes the presidential oath for the rest of the term. Section 2 of the 25th amendment prescribes a procedure for filling the VP vacancy.

The president nominates a VP who must be confirmed by the majority vote of each house of the congress. Section 3 and 4 of the 25th amendment deal with case in which some condition or circumstance such as physical or mental inability, prevents the president from discharging his powers and duties.

What Kenyans must know since our laws borrow mostly from the British laws, and both the the British Laws and the United States Laws did borrow from the Magna Carter. There has only been slight changes made in each country but some of these laws tends to be universal. The sections of the American laws I have mentioned above, sounds more or less like what Kenyans would do. I will therefore, make it very clear. Incase Kibaki feels unable to discharge his duties, the VP Kijana Wamalwa will then simply discharges the duties of the president until the president recovers from inability. And we have seen Kijana Wamalwa attending to a military pass out parade in Eldoret in such capacity.

Here in the U.S. section 3 allows the president to declare the beginning and ending of his own inability. Section 4, covering the case in which the president is unable to make or communicate a decision of inability, authorizes the VP and a majority of the cabinet or of such other body of congress may by law provide to declare the existence of such inability.

When un inability is declared under section 4, the president is prevented from resuming his powers and duties fro a period of 4 days from the time from the time he declares the end of such inability. If during the 4 day period the VP and the cabinet should dispute the presidents declaration of recovery, the congress must then decide the issue. it has a maximum of 21 days to do so, and a two thirds vote of each house is required to prevent the president from resuming his powers and duties. During the period, congress has to decide, the VP continues to act as the president.

Article II section 1 clause 6 also authorizes the congress to establish a line of succession to the presidency in the event of simultaneous vacancies in the office of the president. Pursuant to this provision, congress adopted a law in 1947 that places the following persons in line of the succession after the VP. First, the speaker of the house, then the president protempore of th senate, and then members of the cabinet in the order in which their departments were created.

The 20th amendment provides for other contingencies. In the event of the death of the president elect, it provides the VP shall become the president for full term. If the president elect fails to qualify lets say by falling short of residency or age requirements... the the VP acts as the presi until the presi himself qualifies. The amendment further authorizes congress to provide for the death or failure to qualify of both president and the VP which the U.S. congress has done in the succession law of 1947.

Before the adoption of the 25th amendment in 1967, the cornerstone of the U.S. presidential succession system was found din article II section 1, clause 6 which provides " Incase of the removal of the president from office, or of his death, resignation, or inability, both of the president and the VP declare what office shall then act as president, and such office shall act accordingly, until the disability be removed, or a president shall be elected.

Now Kenyans are not sure what is the condition of the health of president Kibaki. yesterday we show him taken around Nairobi as some short of a presidential health propaganda. The 65 years old Boris Yeltsin did this when he was running against communist candidate Zyuganov. Twice Mr. Yeltsin was hospitalized for a serious heart trouble, but yet they could still take him around and even force him to do a little dance to the public just to make them think the president is doing fine. In a series of events as it is now evident with Kibaki, Yeltsin never appeared in some very important events and schedules.

The first appearance he cancelled was campaign schedule organized by the Russian newspaper Moskovsky Lomosolets which was very very important for him to attend. Yeltsin then cancelled a Kremlin meeting with presidents of Ukraine and Moldova. In the meantime, he insisted that he is healthy and doing fine. He was telling the worried Russians that he lost his voice simply from giving too many speeches. Finally time caught up with him and he had to bow out.

It would be very wise for Kibaki to hasten the changes he promised Kenyans especially the continuance of the constitutional review process which would create the PM slot for Raila Odinga. Among Kibaki's lieutenants in NARC, only Raila comes first among equals as the country's most beloved politician with a clean bill of health. Otherwise, the GEMA Mafioso will take the advantage of the president's inability to mess up the NARC system of governance based on the original memorandum of understanding. These Nyang'aus are running loose and someone needs to contain them before they plung' the country into a crisis. People like Kiraitu Murungi needs to have their wings clipped. Challenging Raila would be like digging his own political grave where he will be buried six feet under. Without Raila giving Kibaki the presidency on a silver platter.. Kiraitu Murungu would still be sweating with wrinkled files in the Nairobi's court corridors. Kweli nyani haoni kundule.