Nipate
Forum => Kenya Discussion => Topic started by: RV Pundit on June 22, 2017, 05:52:31 PM
-
Interesting times ahead. Odunga is NASA certified member ( I think).He had already cancelled the previous tender and IEBC went ahead to single source to the same folks.
http://www.the-star.co.ke/news/2017/06/22/judge-odunga-tells-nasa-to-serve-al-ghurair-with-court-papers-return_c1584885
-
Interesting times ahead. Odunga is NASA certified member ( I think).He had already cancelled the previous tender and IEBC went ahead to single source to the same folks.
http://www.the-star.co.ke/news/2017/06/22/judge-odunga-tells-nasa-to-serve-al-ghurair-with-court-papers-return_c1584885
I have not seen any evidence of bias.
BTW: Ask Ruto about the meeting Mama Ngina held with Maraga. Then tell him we are 100KM ahead - ALWAYS!
-
let the wisdom prevail....there is no way anyone can go to election with ballot printed by Kenyatta family and al Ghulshabaab...serious conflict of interest and recipe for all out war
-
I think Magara should recall the file from Odunga and give it to Majanja. I don't trust him at all. It seems NASA are not interested in election. They want to precipitate a constitutional crisis. Force some NARA caretaker gov to hold elections. They think with Uhuru as PORK they've lost the election before it's start. It now making sense why they've been lacklustre on campaign trail.
Of course the rumours about Magara - is because he has said judges have to be cognizant that election must happen on 8th August as per constitution.
I have not seen any evidence of bias.
BTW: Ask Ruto about the meeting Mama Ngina held with Maraga. Then tell him we are 100KM ahead - ALWAYS!
-
This is very good for Kenya and applaud NASA for its tenacity. What is holding Africa back is bad leadership which is the product of undemocratic governments. Africa has lots of resources and has received Billions of dollars from donors but has nothing to show for it because of corrupt leaders who come to power by stealing elections. NASA is doing Kenyans a great service by focusing the attention of wanaichi at the right moment on the process voting and how people are denied their choice by thieves like ouru and Ruto. The notion that NASA should shut-up because we have to vote on time although there is serious evidence that Ouru and Ruto are intent on stealing the 2017 election as they did 2013 is a ridiculous argument. I'd rather the election date is changed than having a PEV. Raila is a honorable man who has achieved a lot in his life time and will accept defeat if its free and fair. Raila has already given this country a lot, multi-party, a new constitution, devolution etc, however, without a free and fair elections, all that is in vain, and that is why we need him to get rid off this idea of stealing elections once and for all. If Kenya can perfect the art of conducting free and fair elections, development and unity will be easy.
-
I still strongly believe there are decent Kenyan who want just and fair society. Judge Odunga and Mumbi Ngugi fits that profile. As of Maranga we know who gave him the job so he has to do bidding for the first family..
Interesting times ahead. Odunga is NASA certified member ( I think).He had already cancelled the previous tender and IEBC went ahead to single source to the same folks.
http://www.the-star.co.ke/news/2017/06/22/judge-odunga-tells-nasa-to-serve-al-ghurair-with-court-papers-return_c1584885
I have not seen any evidence of bias.
BTW: Ask Ruto about the meeting Mama Ngina held with Maraga. Then tell him we are 100KM ahead - ALWAYS!
-
Omollo can you confirm this " Clearing and Forwarding company, Landmark ltd, associated with DP Ruto awarded tender by IEBC for storage and transportation of ballot papers..." God watch over this country
-
Evidence of rigging is what we need.
This is very good for Kenya and applaud NASA for its tenacity. What is holding Africa back is bad leadership which is the product of undemocratic governments. Africa has lots of resources and has received Billions of dollars from donors but has nothing to show for it because of corrupt leaders who come to power by stealing elections. NASA is doing Kenyans a great service by focusing the attention of wanaichi at the right moment on the process voting and how people are denied their choice by thieves like ouru and Ruto. The notion that NASA should shut-up because we have to vote on time although there is serious evidence that Ouru and Ruto are intent on stealing the 2017 election as they did 2013 is a ridiculous argument. I'd rather the election date is changed than having a PEV. Raila is a honorable man who has achieved a lot in his life time and will accept defeat if its free and fair. Raila has already given this country a lot, multi-party, a new constitution, devolution etc, however, without a free and fair elections, all that is in vain, and that is why we need him to get rid off this idea of stealing elections once and for all. If Kenya can perfect the art of conducting free and fair elections, development and unity will be easy.
-
I think most Kenyans would agree that giving all Kenyans an opportunity to have confidence in the electoral system is more important than holding elections on August 8, 2017, which is just a date. The date can easily be changed by a court order if the court finds that the interest of the country is better served by changing the date. The court may even come up with a remedy that does not require the date to be changed. What we can not accept is being told that we cannot go to court because the elections must be held on August 8, 2017 as if this date was given to us by GOD.
-
Evidence is given in COURT. Give the court a chance to review the evidence and listen to the arguments instead of trying to deny NASA and its supporters the right for redress because of expediency. Its obvious that somebody was counting on the short time frame left before elections to deny NASA and its supporters their constitutional rights.
Evidence of rigging is what we need.
This is very good for Kenya and applaud NASA for its tenacity. What is holding Africa back is bad leadership which is the product of undemocratic governments. Africa has lots of resources and has received Billions of dollars from donors but has nothing to show for it because of corrupt leaders who come to power by stealing elections. NASA is doing Kenyans a great service by focusing the attention of wanaichi at the right moment on the process voting and how people are denied their choice by thieves like ouru and Ruto. The notion that NASA should shut-up because we have to vote on time although there is serious evidence that Ouru and Ruto are intent on stealing the 2017 election as they did 2013 is a ridiculous argument. I'd rather the election date is changed than having a PEV. Raila is a honorable man who has achieved a lot in his life time and will accept defeat if its free and fair. Raila has already given this country a lot, multi-party, a new constitution, devolution etc, however, without a free and fair elections, all that is in vain, and that is why we need him to get rid off this idea of stealing elections once and for all. If Kenya can perfect the art of conducting free and fair elections, development and unity will be easy.
-
I am okay with court hearing. Precisely under someone with integrity like Majanja.Odunga should recluse himself. IEBC was recently constituted and now you don't trust them. I guess we need a new IEBC now :)
Evidence is given in COURT. Give the court a chance to review the evidence and listen to the arguments instead of trying to deny NASA and its supporters the right for redress because of expediency. Its obvious that somebody was counting on the short time frame left before elections to deny NASA and its supporters their constitutional rights.
-
Its not about you pundit. You may not be okay with him but a lot of Kenyans trust him and think he is a man of integrity. By the way, why should Judge Odunga recuse himself? Nobody is asking for a new IEBC, we just need to make sure they do their job according to the law and stop using time to skirt the laws. This is not about expediency, its about free and fair elections. I still believe that a different company can still Print the ballots and deliver them on time, but if not we can wait a few weeks. I hope we learned from Mutunga's court horrible decision in 2013 that expediency is not justice.
I am okay with court hearing. Precisely under someone with integrity like Majanja.Odunga should recluse himself. IEBC was recently constituted and now you don't trust them. I guess we need a new IEBC now :)
Evidence is given in COURT. Give the court a chance to review the evidence and listen to the arguments instead of trying to deny NASA and its supporters the right for redress because of expediency. Its obvious that somebody was counting on the short time frame left before elections to deny NASA and its supporters their constitutional rights.
-
Interesting times ahead. Odunga is NASA certified member ( I think).He had already cancelled the previous tender and IEBC went ahead to single source to the same folks.
http://www.the-star.co.ke/news/2017/06/22/judge-odunga-tells-nasa-to-serve-al-ghurair-with-court-papers-return_c1584885 (http://www.the-star.co.ke/news/2017/06/22/judge-odunga-tells-nasa-to-serve-al-ghurair-with-court-papers-return_c1584885)
I have not seen any evidence of bias.
BTW: Ask Ruto about the meeting Mama Ngina held with Maraga. Then tell him we are 100KM ahead - ALWAYS!
He doesn't come across as one on the take. His recent ruling about Wavinya concerning a relatively minor dispute puts the Supreme Court ruling on the 2013 petition to shame.
-
I think Magara should recall the file from Odunga and give it to Majanja. I don't trust him at all. It seems NASA are not interested in election. They want to precipitate a constitutional crisis. Force some NARA caretaker gov to hold elections. They think with Uhuru as PORK they've lost the election before it's start. It now making sense why they've been lacklustre on campaign trail.
Of course the rumours about Magara - is because he has said judges have to be cognizant that election must happen on 8th August as per constitution.
I have not seen any evidence of bias.
BTW: Ask Ruto about the meeting Mama Ngina held with Maraga. Then tell him we are 100KM ahead - ALWAYS!
Maraga's announcement is ominous. His only concern should be that the judge apply the law fairly.
-
Odunga is not my favourite - he is too mercurial - I prefer sober minded Majanja and of course Isaac Lenaola - who was promoted to supreme court. Those two - Majanja & Lenaola -when they were gate-keeping the high court- stuck to the law - not politics.
He doesn't come across as one on the take. His recent ruling about Wavinya concerning a relatively minor dispute puts the Supreme Court ruling on the 2013 petition to shame.
-
And plunge the country into a constitutional crisis? Magara as head of Judiciary & JSC have to reign on judges & magistrate from overstepping their mandate. Election must be held on 8th August. There is no other way around it. Whatever doesn't get resolved now can become petition after elections have been done. Judges do not have absolute powers - their jurisdiction is limited.IEBC should be allowed to hold elections - otherwise some judge can extend Uhuru stay in power indefinitely?
Maraga's announcement is ominous. His only concern should be that the judge apply the law fairly.
-
And plunge the country into a constitutional crisis? Magara as head of Judiciary & JSC have to reign on judges & magistrate from overstepping their mandate. Election must be held on 8th August. There is no other way around it. Whatever doesn't get resolved now can become petition after elections have been done. Judges do not have absolute powers - their jurisdiction is limited.IEBC should be allowed to hold elections - otherwise some judge can extend Uhuru stay in power indefinitely?
Maraga's announcement is ominous. His only concern should be that the judge apply the law fairly.
Those arguments that can be made in the courts. If you don't trust the courts to do their job, then there is no point having them.
-
It is tough to read NASA's intention. If I was Uhuru / Jubilee I would let them have their way (new ballot printer, etc) and deminish their chance to cry wolf in August. The date can be altered like in 2013 without affecting Uhuru's chances.
On the contrary, if NASA lose the argument, Al Ghurair will be the chorus starting August.
-
Magara cannot....."reign in judges from overstepping their mandate" administratively. The supreme court can overturn a lower courts case decision based on those arguments if supported by evidence and the law. The remedy that NASA is seeking here is not the postponement of the elections and therefore the mantra that "elections must be held on August 8, 2017" should not be directed to NASA's. However, the if court agrees with NASA then they must put together a remedy that addresses NASA'S concerns and also makes sure the elections are held on August 8, 2017. What this supreme court cannot do and must not do is to do what Willy Mutunga's court did in 2013. Tell the people of kenya that they are going to let an injustice stand because "its hands are tied". A supreme court's hands cannot be tied on an important matter such as "free and fair elections". There is enough time for the courts to do justice to this matter and still keep the August 8, 2017, date.
And plunge the country into a constitutional crisis? Magara as head of Judiciary & JSC have to reign on judges & magistrate from overstepping their mandate. Election must be held on 8th August. There is no other way around it. Whatever doesn't get resolved now can become petition after elections have been done. Judges do not have absolute powers - their jurisdiction is limited.IEBC should be allowed to hold elections - otherwise some judge can extend Uhuru stay in power indefinitely?
Maraga's announcement is ominous. His only concern should be that the judge apply the law fairly.
Those arguments that can be made in the courts. If you don't trust the courts to do their job, then there is no point having them.
-
I think NASA will have educated the electorate in a way that we never expected. From now on, Kenyans will be more educated about the electoral process than ever. Al Ghurair is now a household name and if they printed extra presidential ballots for Ouru, they better know that their reputation as a corporation is on the line because Kenya is watching and so is the whole world. Most Jubilee supporters think they will be in government all the time and do not realize that 5 years from now, they maybe in the NASA'S shoes.
It is tough to read NASA's intention. If I was Uhuru / Jubilee I would let them have their way (new ballot printer, etc) and deminish their chance to cry wolf in August. The date can be altered like in 2013 without affecting Uhuru's chances.
On the contrary, if NASA lose the argument, Al Ghurair will be the chorus starting August.
-
Interesting stuff. A couple of questions:
(i) How did Odunga get the case to start with? Was the application fled before him, or was it assigned to him? If the latter, by whom?
(ii) I see proposals for this or other judge to replace Odunga in the case. Considering the administrative structure of the court system, how would it be done (or justified)?
(iii) What is the exact evidence of bias in Odunga's case? Presumably the claim of bias is made on the basis of some of his past rulings. If so, have those "biased" rulings been challenged in court? If so, with what results? If not, then why not?
-
You keep lying about supreme court decision. They simply found no evidence of rigging. They audited results from all polling stations. They even did a sample recount in some polling stations. They found nothing. The errors they found were fair errors. Human errors that didn't benefit Uhuru. CORD complains was that they had more evidence that were declared filled late without even paying the fees. The so called more evidence were trash.
Magara cannot....."reign in judges from overstepping their mandate" administratively. The supreme court can overturn a lower courts case decision based on those arguments if supported by evidence and the law. The remedy that NASA is seeking here is not the postponement of the elections and therefore the mantra that "elections must be held on August 8, 2017" should not be directed to NASA's. However, the if court agrees with NASA then they must put together a remedy that addresses NASA'S concerns and also makes sure the elections are held on August 8, 2017. What this supreme court cannot do and must not do is to do what Willy Mutunga's court did in 2013. Tell the people of kenya that they are going to let an injustice stand because "its hands are tied". A supreme court's hands cannot be tied on an important matter such as "free and fair elections". There is enough time for the courts to do justice to this matter and still keep the August 8, 2017, date.
And plunge the country into a constitutional crisis? Magara as head of Judiciary & JSC have to reign on judges & magistrate from overstepping their mandate. Election must be held on 8th August. There is no other way around it. Whatever doesn't get resolved now can become petition after elections have been done. Judges do not have absolute powers - their jurisdiction is limited.IEBC should be allowed to hold elections - otherwise some judge can extend Uhuru stay in power indefinitely?
Maraga's announcement is ominous. His only concern should be that the judge apply the law fairly.
Those arguments that can be made in the courts. If you don't trust the courts to do their job, then there is no point having them.
-
What else did you expect them to say to justify such a glaring injustice. What they did was refuse to examine conclusive evidence on flimsy technicality argument and then they concluded that they found "no evidence". I think there is a general consensus that it was the worst decision ever by a supreme court and it never recovered. People have a difficulty even remembering the name Willy Mutunga because he failed the country at a historical moment.
You keep lying about supreme court decision. They simply found no evidence of rigging. They audited results from all polling stations. They even did a sample recount in some polling stations. They found nothing. The errors they found were fair errors. Human errors that didn't benefit Uhuru. CORD complains was that they had more evidence that were declared filled late without even paying the fees. The so called more evidence were trash.
Magara cannot....."reign in judges from overstepping their mandate" administratively. The supreme court can overturn a lower courts case decision based on those arguments if supported by evidence and the law. The remedy that NASA is seeking here is not the postponement of the elections and therefore the mantra that "elections must be held on August 8, 2017" should not be directed to NASA's. However, the if court agrees with NASA then they must put together a remedy that addresses NASA'S concerns and also makes sure the elections are held on August 8, 2017. What this supreme court cannot do and must not do is to do what Willy Mutunga's court did in 2013. Tell the people of kenya that they are going to let an injustice stand because "its hands are tied". A supreme court's hands cannot be tied on an important matter such as "free and fair elections". There is enough time for the courts to do justice to this matter and still keep the August 8, 2017, date.
And plunge the country into a constitutional crisis? Magara as head of Judiciary & JSC have to reign on judges & magistrate from overstepping their mandate. Election must be held on 8th August. There is no other way around it. Whatever doesn't get resolved now can become petition after elections have been done. Judges do not have absolute powers - their jurisdiction is limited.IEBC should be allowed to hold elections - otherwise some judge can extend Uhuru stay in power indefinitely?
Maraga's announcement is ominous. His only concern should be that the judge apply the law fairly.
Those arguments that can be made in the courts. If you don't trust the courts to do their job, then there is no point having them.
-
Serve Mutunga right. He was Raila type fool who didn't understand that as long as Raila didn't get his way he was nothing. Now look at Chebukati and Chiloba - Luhyas - One was recently ODM LIFE MEMBER - but see what is already befalling them - Raila is accusing them of visiting Uhuru and cutting deals - with no evidence -- soon enough they might even burn their house in western.Oswago from Bondo...poor soul.
Supreme court has nothing to rule on. NASA did not advance any argument on law. It was down to facts --evidence of rigging. There was nothing. If there were argument on some novel law or constitutional issue - maybe the judgement would have been longer. But it was basically a one liner - we found no evidence of rigging. They examined all form 34 - for all polling station - and did a sample of them where ballot boxes were re-opened and counted. Nothing.
Supreme court rulling is novel in it's breivity because CORD filled the world most laughable petition - where Raila who was in charge of procurement for IEBC - wanted to blame IEBC for procuring.
What else did you expect them to say to justify such a glaring injustice. What they did was refuse to examine conclusive evidence on flimsy technicality argument and then they concluded that they found "no evidence". I think there is a general consensus that it was the worst decision ever by a supreme court and it never recovered. People have a difficulty even remembering the name Willy Mutunga because he failed the country at a historical moment.
-
Any answers, or should we just keep going on the tangets?
Interesting stuff. A couple of questions:
(i) How did Odunga get the case to start with? Was the application fled before him, or was it assigned to him? If the latter, by whom?
(ii) I see proposals for this or other judge to replace Odunga in the case. Considering the administrative structure of the court system, how would it be done (or justified)?
(iii) What is the exact evidence of bias in Odunga's case? Presumably the claim of bias is made on the basis of some of his past rulings. If so, have those "biased" rulings been challenged in court? If so, with what results? If not, then why not?
-
You can't get any answers because the whole conspiracy theory is foolhardy - even by conspiracy theory standards.
Justice Gacheche occupied that office along with Joseph Nyamu. They allowed themselves to be gate keepers and when the vetting came, their fate was sealed. I have to say they were judged on the basis of their judgements which were found to have no legal basis but clearly showed a concerted attempt to deny justice.
In came Mumbi and she did her job without bias handing Kibaki a string of bloody noses. She survived until Maraga came. She was his first business transferring her to Kericho even as most of us campaigned for her to be named CJ or SC judge.
Odunga was with her in that court for a while before she left. He is doing his job. He recently dismissed the case against the KPMG audit - not a sound from the detractors. Last week he granted Ms Kihika a relief against the IEBC - not a pip from Jubilee.
Justice Mativo ruled against Refugees being expelled. Not a word. Other rulings:
1. Ordered parliament to debate the 2/3 Gender requirement or face dissolution within 60 days - no threats from Duale
2. He struck down criminal defamation law…Not a word from those who benefitted from it - the wealthy
3. He denied politicians the right to hop from party to another - muffled noises
4. He barred The Kenya Revenue Authority (KRA) from demanding advance capital gains tax payments from investors
5. Barred the Government from closing Dadaab refugee camp ruling it discriminatory - not a word from Nkaissery
I can go on an on. The reason his rulings are not accompanied with ad hominem is his tribe. Most importantly, he is NOT a Luo.
I forgot to add that those judges - Mumbi, Odunga and Mativo have RARELY had their judgments overturned on appeal. The reason is simple: They are serious, read and research and base their rulings on the best of jurisprudence. Few lawyers dare appear before Mumbi because her scholarship is beyond what I call their limit of intellectual elasticity.
Any answers, or should we just keep going on the tangets?
Interesting stuff. A couple of questions:
(i) How did Odunga get the case to start with? Was the application fled before him, or was it assigned to him? If the latter, by whom?
(ii) I see proposals for this or other judge to replace Odunga in the case. Considering the administrative structure of the court system, how would it be done (or justified)?
(iii) What is the exact evidence of bias in Odunga's case? Presumably the claim of bias is made on the basis of some of his past rulings. If so, have those "biased" rulings been challenged in court? If so, with what results? If not, then why not?
-
Any answers, or should we just keep going on the tangets?
Interesting stuff. A couple of questions:
(i) How did Odunga get the case to start with? Was the application fled before him, or was it assigned to him? If the latter, by whom?
(ii) I see proposals for this or other judge to replace Odunga in the case. Considering the administrative structure of the court system, how would it be done (or justified)?
(iii) What is the exact evidence of bias in Odunga's case? Presumably the claim of bias is made on the basis of some of his past rulings. If so, have those "biased" rulings been challenged in court? If so, with what results? If not, then why not?
Welcome to the twilight zone :D. Or is it 1984?
If I don't see evidence and I am looking and asking, I assume the statement has not been made on the basis of any evidence.
-
I am surprised you don't know. Odunga sit on high court - constitutional & human rights division - at Milimani. This is a busy court where everyone with issues constitutional or human rights basically knocks.Most of the cases are political - filled by busy bodies. Some of course will go to a high court judge sitting in Kisumu or Mombasa if they don't trust Milimani crew. From my memory - recently it been held by 3-4 judges - Lenaola, Majanja, Odunga and Ngugi - normally they are 3 judges and the cases are allocated "randomly". Obviously people know how to game this - through registry - by filling the case before a sympathetic judge. It not coincidental that Odunga got this case or others before. The lawyers know which judge to rush to - which explain why sometimes they go to file a case in Malindi or Busia if need be.
Obviously out of those 4 - nobody can question the integrity & competence of Lenaola (now promoted to supreme court),majanja and of course iron lady Ngugi. Ngugi has for example made many rullings against gov - but you cannot fault her. She sticks to the law. You kinda respect her for that.
Odunga is a blot on that very important court. He has made so many constitutional and biased rulling it's the reason NASA would love him to hear their cases.
As far as evidence of Odunga past judgement - it's all over. You can start on this case - he already had ruled against IEBC and cancelled the previous tender sometime last year. The company (allegedly working with Raila) that went to court didn't bother to participate in re-tendering. After Odunga interfered with IEBC preparedness - the case concluded in April/May - IEBC had little choice but to single source - there was simply no time for open tendering - now he is going to interfere again. Hopefully not.
If he was smart - he'd recuse himself from hearing this - after having had his says on this same case previously.
Interesting stuff. A couple of questions:
(i) How did Odunga get the case to start with? Was the application fled before him, or was it assigned to him? If the latter, by whom?
(ii) I see proposals for this or other judge to replace Odunga in the case. Considering the administrative structure of the court system, how would it be done (or justified)?
(iii) What is the exact evidence of bias in Odunga's case? Presumably the claim of bias is made on the basis of some of his past rulings. If so, have those "biased" rulings been challenged in court? If so, with what results? If not, then why not?
-
You're mixing things up. Please stick to constitutional and human rights division court at Milimani. And try to do that post -2010 constitution. The judges that have occupied that court have been on top of their game except so called Odunga. Leonala Isaac is a brilliant judge - who like DPP Tobiko - led all way from class 1 to leading in KCSE in entire country all the way to the Law school and was promoted straight to Supreme court at young age of 49 yrs. Majanja is also very good. Ngugi was excellent and I don't understand why moronic Mutunga had her transferred from Milimani to Kericho. Odunga is a blot on that division. He is mostly unhinged. He doesn't stick to the law and is biased. There is a reason why NASA would love Odunga to listen to all their cases.
One prays for such an important court to find more Isaac Leanolas and less Odungas who can plunge the country into constitutional crisis.IEBC is independent constitutional body that should be given as much leeway as possible to do their job. The judiciary should know better than interfere with day to day operations of constitutional bodies and only come in when there is clear & strong evidence.
Here is Isaac Lenaola oozing brilliance in 2012: “It is the IEBC that will fix the election date once it is sure that sufficient arrangements have been made to make the elections free and fair,” he said in his judgment on the election date".
While Odunga want to manage IEBC...a constitutional coup...directing them on how to do their job.
You can't get any answers because the whole conspiracy theory is foolhardy - even by conspiracy theory standards.
Justice Gacheche occupied that office along with Joseph Nyamu. They allowed themselves to be gate keepers and when the vetting came, their fate was sealed. I have to say they were judged on the basis of their judgements which were found to have no legal basis but clearly showed a concerted attempt to deny justice.
In came Mumbi and she did her job without bias handing Kibaki a string of bloody noses. She survived until Maraga came. She was his first business transferring her to Kericho even as most of us campaigned for her to be named CJ or SC judge.
Odunga was with her in that court for a while before she left. He is doing his job. He recently dismissed the case against the KPMG audit - not a sound from the detractors. Last week he granted Ms Kihika a relief against the IEBC - not a pip from Jubilee.
Justice Mativo ruled against Refugees being expelled. Not a word. Other rulings:
1. Ordered parliament to debate the 2/3 Gender requirement or face dissolution within 60 days - no threats from Duale
2. He struck down criminal defamation law…Not a word from those who benefitted from it - the wealthy
3. He denied politicians the right to hop from party to another - muffled noises
4. He barred The Kenya Revenue Authority (KRA) from demanding advance capital gains tax payments from investors
5. Barred the Government from closing Dadaab refugee camp ruling it discriminatory - not a word from Nkaissery
I can go on an on. The reason his rulings are not accompanied with ad hominem is his tribe. Most importantly, he is NOT a Luo.
I forgot to add that those judges - Mumbi, Odunga and Mativo have RARELY had their judgments overturned on appeal. The reason is simple: They are serious, read and research and base their rulings on the best of jurisprudence. Few lawyers dare appear before Mumbi because her scholarship is beyond what I call their limit of intellectual elasticity.
Any answers, or should we just keep going on the tangets?
Interesting stuff. A couple of questions:
(i) How did Odunga get the case to start with? Was the application fled before him, or was it assigned to him? If the latter, by whom?
(ii) I see proposals for this or other judge to replace Odunga in the case. Considering the administrative structure of the court system, how would it be done (or justified)?
(iii) What is the exact evidence of bias in Odunga's case? Presumably the claim of bias is made on the basis of some of his past rulings. If so, have those "biased" rulings been challenged in court? If so, with what results? If not, then why not?
-
I am hearing he has declined to stop printing press. That good for him. He can redeem himself.
-
I am hearing he has declined to stop printing press. That good for him. He can redeem himself.
where did you hear that? The parties go before him today and they are all still in the Court of Appeal.
-
Okay I am going to stop quoting facebook. I am busy in place I can watch TV.
I am hearing he has declined to stop printing press. That good for him. He can redeem himself.
where did you hear that? The parties go before him today and they are all still in the Court of Appeal.
-
http://www.the-star.co.ke/news/2017/06/23/odunga-refuses-to-suspend-al-ghurair-tender-asks-maraga-to-assign_c1585152
I guess Odunga grew a brain and realized this needed direction of his boss - CJ Maraga - Maraga should constitute 5 bench to hear this.
-
That is not the case.
He has previously ruled in the same matter and therefore under the rules he should let the matter go to another judge. Then where the case is likely to set precedent etc, a three or five bench hears the case. He therefore followed the rules.
You can find the guidelines at the Judiciary website
http://www.the-star.co.ke/news/2017/06/23/odunga-refuses-to-suspend-al-ghurair-tender-asks-maraga-to-assign_c1585152
I guess Odunga grew a brain and realized this needed direction of his boss - CJ Maraga - Maraga should constitute 5 bench to hear this.
-
No, it is you to redeem yourself. You made a conclusion on his judgement even before he read it. So now that he did not do what you had predicted, swallow your words and apologise to the nation.
Pundit, some of these judges are not as guliible as you think. They may not make the judgement that fits into your schemes, but let them keep their indepnedent minds.
I am hearing he has declined to stop printing press. That good for him. He can redeem himself.
-
My fren - I have had issues with Odunga ruling before. I am glad he listen to me (reason) and has granted temporary orders. Election shall be held on 8/8/2017.IEBC shall conduct them. End of story.
No, it is you to redeem yourself. You made a conclusion on his judgement even before he read it. So now that he did not do what you had predicted, swallow your words and apologise to the nation.
Pundit, some of these judges are not as guliible as you think. They may not make the judgement that fits into your schemes, but let them keep their indepnedent minds.