Author Topic: miguna miguna deported to Canada  (Read 3554 times)

Offline Nefertiti

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Re: miguna miguna deported to Canada
« Reply #20 on: February 07, 2018, 11:51:59 PM »
Courts can rule all they want but if the executive doesn't obey what will the courts do?
NOTHING!!!
The only thing the court can do is fine the executive and let the fines keep piling till they are out of power. Then enforce the fines.

Even when they are out of office you can only enforce against the offices and GoK, not the persons. There are a few such rulings on Moi.
I desire to go to hell and not to heaven. In the former place I shall enjoy the company of popes, kings, and princes, while in the latter are only beggars, monks, and apostles. ~ Niccolo Machiavelli on his deathbed, June 1527

Offline Georgesoros

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Re: miguna miguna deported to Canada
« Reply #21 on: February 08, 2018, 01:25:32 AM »
Courts can rule all they want but if the executive doesn't obey what will the courts do?
NOTHING!!!
The only thing the court can do is fine the executive and let the fines keep piling till they are out of power. Then enforce the fines.


Even when they are out of office you can only enforce against the offices and GoK, not the persons. There are a few such rulings on Moi.

Am not a lawyer but I know that intentionally disobeying a law makes you personally liable and subject to monetary damages. Its a lifetime legal issue that can follow your estate. Matiangi is in big legal trouble for the rest of his life. I can sue in another country and have it sealed, and if you step in that country you'll be subject to detention.

Offline Nefertiti

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Re: miguna miguna deported to Canada
« Reply #22 on: February 08, 2018, 02:15:38 AM »
Courts can rule all they want but if the executive doesn't obey what will the courts do?
NOTHING!!!
The only thing the court can do is fine the executive and let the fines keep piling till they are out of power. Then enforce the fines.


Even when they are out of office you can only enforce against the offices and GoK, not the persons. There are a few such rulings on Moi.

Am not a lawyer but I know that intentionally disobeying a law makes you personally liable and subject to monetary damages. Its a lifetime legal issue that can follow your estate. Matiangi is in big legal trouble for the rest of his life. I can sue in another country and have it sealed, and if you step in that country you'll be subject to detention.

You should refer to the multiple cases against Moi under the 2010 constitution and see. The victims of state excesses seek personal criminal liability and are told he acted as the head of state. So the financial penalty is on GoK. Matiba, et al I think have been paid by state for torture and detention. Not by Moi. I will google it for you.

Actually if you think of it, these officials act for "national security" and such buzz words. They have some personal immunity just like judicial officers.
I desire to go to hell and not to heaven. In the former place I shall enjoy the company of popes, kings, and princes, while in the latter are only beggars, monks, and apostles. ~ Niccolo Machiavelli on his deathbed, June 1527

Offline Kichwa

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Re: miguna miguna deported to Canada
« Reply #23 on: February 08, 2018, 05:57:03 AM »
Courts can rule all they want but if the executive doesn't obey what will the courts do?
NOTHING!!!
The only thing the court can do is fine the executive and let the fines keep piling till they are out of power. Then enforce the fines.


Even when they are out of office you can only enforce against the offices and GoK, not the persons. There are a few such rulings on Moi.

Am not a lawyer but I know that intentionally disobeying a law makes you personally liable and subject to monetary damages. Its a lifetime legal issue that can follow your estate. Matiangi is in big legal trouble for the rest of his life. I can sue in another country and have it sealed, and if you step in that country you'll be subject to detention.

You should refer to the multiple cases against Moi under the 2010 constitution and see. The victims of state excesses seek personal criminal liability and are told he acted as the head of state. So the financial penalty is on GoK. Matiba, et al I think have been paid by state for torture and detention. Not by Moi. I will google it for you.

Actually if you think of it, these officials act for "national security" and such buzz words. They have some personal immunity just like judicial officers.

Robina, these matters are complicated and it depends on the facts of each case. If it is held that one acted maliciously in discharging their duties as a public official or a government employee, one can be found personally liable. Times are changing and I would not take comfort of what happened during the Moi era.
"I have done my job and I will not change anything dead or a live" Malonza

Offline vooke

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Re: miguna miguna deported to Canada
« Reply #24 on: February 08, 2018, 07:18:58 AM »
14(5)
(5) A person who is a Kenyan citizen by birth and who, on the effective date, has ceased to be a Kenyan citizen because the person acquired citizenship of another country, is entitled on application to regain Kenyan citizenship.



And we have.  We vowed that this is the last elections Ouruto will steal and it is. The problem with folks like you is that you think reforms are done overnight.  This one will take a shorter time than the 2nd revolution because back then, the leaders had to start from scratch.  We have achieved a lot since 8/8 if you are being objective and this idiots are giving us more and more everyday.  The truth and time is on our side.  Take for example the illegal abduction, detention and forcible removal of Miguna from Kenya.  This is a bonanza for us.  The judiciary is now fully engaged, the international community is now fully engaged and our supporters are fired up as I have never experienced, and Miguna is now free to say anything he wants in the international media which will get into the Kenyan living rooms and cell phones almost instantly. Every major news agency is scrambling to interview Miguna. The illegal order by Matiangi will be overturned and Miguna will come back to Kenya a bigger hero than he left. The political resume that Miguna has acquired within the last few days is the envy of any politician.  Ouru is done, he is a lame duck president and a confused drunk who have given up on the idea of ever having achieved anything other than that he was a president. Bure Kabisa.



2022 will come and go but it will not be the 2022 you have always envisioned. First and foremost, NASA will not participate in any election until the irreducible minimums are met and more. You can therefore take your MOAS and shove it down your you know what.  2nd Miguna was illegally forcibly removed from Kenya because the cowards ran out places to hold him-too hot to handle.  One cannot renounce his/natural citizenship by the operation of law and that is why Miguna never bothered to reapply for  his citizenship and so are many Kenyans who acquired citizenship of other countries. Most of us believe that this was a bad law and now that Matiangi has brought it to fore, the matter will be litigated all the way to the Supreme court if necessary so that this silly idea that one has to reapply for his birth citizenship is settled ones and for all.  All one needs is to prove that he/she was born in Kenya and then- mambo Kwisha. 

Next election is on 2022..SIASA fanya lakini as you speak Duale is processing cabinet ministers and Ambassadors. When you're done with siasa...wake up to find rest  of gov positions were shared....and next wake up to find Ruto the next PORK.

Raila has to find leverage...little he has...he continues to weaken. Now you guys are pleading against crackdown...na bado.

Wapende wasipende Miguna will soon be back in his motherland. No regime in Kenya has ever been able to exile its own citizen forever. Jubilee should learn from history and see that Raila has them exactly where he wanted them to be in the first place. Noone is now talking of the economic tasks facing the country currently. Focus is now on siasa and that is what Raila knows best.

Naswa always vows to play hard ball next time.
Try some.other line
2 Timothy 2:4  No man that warreth entangleth himself with the affairs of this life; that he may please him who hath chosen him to be a soldier.

Offline bryan275

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Re: miguna miguna deported to Canada
« Reply #25 on: February 09, 2018, 02:19:05 PM »
Thinking about this Miguna issue abit more it lookd like the sod may actually have a case.  It is now known that he left Kenya in 1987 on a foreign passport after Moi the despot denied him one.  It is fair to assume that at the time Miguna was accepting Canadian citizenship in 2002/2003 he wasn't Kenyan anyway thanks to Moi.

Seeing as his citizenship and passport were irregularly lost, would he still need to apply as required?  Or is the onus on GoK to return/regularise his citizenship as a matter of course?

Offline Kadudu

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Re: miguna miguna deported to Canada
« Reply #26 on: February 09, 2018, 05:14:17 PM »
There is no way Moi would have legally declared Miguna not Kenyan. See the case of Sheikh Khalid Balala who was denied entry into Kenya from Germany in the 90s. Today the man resides in Mombasa just like any other Kenyan. In the long run Miguna will be rehabilitated. He is a Kenyan by birth and no one can take that from him.

Thinking about this Miguna issue abit more it lookd like the sod may actually have a case.  It is now known that he left Kenya in 1987 on a foreign passport after Moi the despot denied him one.  It is fair to assume that at the time Miguna was accepting Canadian citizenship in 2002/2003 he wasn't Kenyan anyway thanks to Moi.

Seeing as his citizenship and passport were irregularly lost, would he still need to apply as required?  Or is the onus on GoK to return/regularise his citizenship as a matter of course?