Author Topic: BBI Court of Appeal Countdown (Read 5069 times)

Nowayhaha · « **Reply #40 on:** August 20, 2021, 10:31:06 AM »

These judges should go straight to their judgments. Kila mtu anajua petitioners na background ya case. Anyway, mimi ni wale watu hujoin tennis matches between Nadal and Federer during the last set. Wacha nitulie
— Mohamed Wehliye, MBS (@WehliyeMohamed) August 20, 2021

RV Pundit · « **Reply #41 on:** August 20, 2021, 10:34:04 AM »

Yeah still on background issue

RV Pundit · « **Reply #42 on:** August 20, 2021, 10:43:07 AM »

Now we are on the issue - Justice Tuiyot

Basic structure.

RV Pundit · « **Reply #43 on:** August 20, 2021, 10:45:13 AM »

IEBC Quorom - prouncement in rem? lots of greek or latin.
Seem Tuiyot will kick IEBC balls again
Consistency is important.
Revisit is also important - not stunt growth of jurisprudence.
Balance is needed.

Was high court correct to deviate from Isaac Biwott case?

Align with view - constituent power - failure to do so - means it exist.

Look like Tuiyot will uphold

Quorom - IEBC must be seen against full composition of the 7.

Conclusion: Sustain the quorom at 5 or 4. At least half.

Following slightly different route.

IEBC was dead...wrong...and BBI is dead.

RV Pundit · « **Reply #44 on:** August 20, 2021, 10:56:27 AM »

Hon Justice Sichale - will read her part.

After a health break

RV Pundit · « **Reply #45 on:** August 20, 2021, 11:03:03 AM »

Tuiyot - Constituent power is important.
Basic structure - amendment - amendments is foreign
Black law - formal minor revision.

An amendment to transfer judicial authority from the judiciary and independent tribunals to the executive is to unmake the constitution..."

Look like Tuiyot has upheld high court decision.

We have 1-0 for Kenya - Nil for BBI

GeeMail · « **Reply #46 on:** August 20, 2021, 11:12:58 AM »

https://www.the-star.co.ke/news/2021-08-20-why-big-guns-now-considering-bbi-after-polls/

Worst Ruto nightmare. BBI positions will be attractive to the big guns: Wetangula, MaDVD, Kalonzo, Peter Kenneth, Gideon, Kingi... Even Ruto is welcome.

RV Pundit · « **Reply #47 on:** August 20, 2021, 11:34:56 AM »

Which constitution allowed DPORK to be fired while in office and Matiangi to be appointed Prime Minister.
You do not need constitution to share power.
YOU NEED GOODWILL

Quote from: GeeMail on August 20, 2021, 11:12:58 AM

https://www.the-star.co.ke/news/2021-08-20-why-big-guns-now-considering-bbi-after-polls/

Worst Ruto nightmare. BBI positions will be attractive to the big guns: Wetangula, MaDVD, Kalonzo, Peter Kenneth, Gideon, Kingi... Even Ruto is welcome.

RV Pundit · « **Reply #48 on:** August 20, 2021, 11:35:54 AM »

Sichale - I just go into her arguments - says old constitution was abused.

High court judges erred is in finding - that bar is finding is implicit

Look like Sichale will dismiss basic structure

Maybe not

She say Njoya rulling was our Cassandra moment.

They ensured it will be hyper amendments.

Look like she will actually come hard on BBI.

Constitution has the Basic Structure.

They have been 21 attempts to amend constitution.

RV Pundit · « **Reply #49 on:** August 20, 2021, 11:51:24 AM »

Sichale - look like she will dismiss basic structure. I cannot follow her train of thoughts.

vooke · « **Reply #50 on:** August 20, 2021, 11:52:58 AM »

Quote from: RV Pundit on August 20, 2021, 11:35:54 AM

Sichale - I just go into her arguments - says old constitution was abused.

High court judges erred is in finding - that bar is finding is implicit

Look like Sichale will dismiss basic structure

Maybe not

She say Njoya rulling was our Cassandra moment.

They ensured it will be hyper amendments.

Look like she will actually come hard on BBI.

Constitution has the Basic Structure.

They have been 21 attempts to amend constitution.

She is tearing high court apart.

How do you determine whether a clause is amendable before attempting amendments?

Do you go to court to get a go ahead,or do you try and see if anyone will object?

RV Pundit · « **Reply #51 on:** August 20, 2021, 11:53:58 AM »

She is too verbose; I cannot tell if she is for or against; Look like she is Pro-BBI.

Quote from: vooke on August 20, 2021, 11:52:58 AM

She is tearing high court apart.

How do you determine whether a clause is amendable before attempting amendments?

Do you go to court to get a go ahead,or do you try and see if anyone will object?

RV Pundit · « **Reply #52 on:** August 20, 2021, 12:00:11 PM »

Justice Sichale,
Judiciary should not decide - what is amendable or not amendable.
Look like she will go to referendum

High court erred on basic structure but subject to the majority

RV Pundit · « **Reply #53 on:** August 20, 2021, 12:07:01 PM »

Justice Sichale,
Executive drove the BBI.
Junet and Waweru were proxies.

Route of popular initiative - not a Wanjiku driven process.

Uhuru cannot initiate changes to constitution - agreed with high court.

Legality of BBI steering committee.

RV Pundit · « **Reply #54 on:** August 20, 2021, 12:12:59 PM »

Hannah Okwengu and Sichale - agree that BBI steering is not illegal.

RV Pundit · « **Reply #55 on:** August 20, 2021, 12:13:31 PM »

Sichale on IEBC quorum

IEBC is constitutional compliant and can continue to operate!

She say IEBC were okay - can carry it's mandate.

Signature verification - not policy

RV Pundit · « **Reply #56 on:** August 20, 2021, 12:20:53 PM »

Sichale on IEBC
- IEBC did the required

Huyu amelipwa

RV Pundit · « **Reply #57 on:** August 20, 2021, 12:25:39 PM »

Sichale - const can be reduced or increased.

Thanks goodness we had 7 judges. She is terrible.

RV Pundit · « **Reply #58 on:** August 20, 2021, 12:27:18 PM »

Sichale on IEBC - IEBC act - election act
Referendum conduct
There is legislation for governing signature

RV Pundit · « **Reply #59 on:** August 20, 2021, 12:31:50 PM »

Sichale - She is going for 20-nil. Look like BBI crew wrote the judgement for her.

Sichale agrees with Lead - Musinga - Article 43 - cross-appeal - morara dismissing

News:

Author Topic: BBI Court of Appeal Countdown (Read 5069 times)