Supreme court to deliver judgement this thursday

[Kadudu]

Most likely you will have to swallow your words.

Martha -now sucking uhuru arse and playing politics talking about handshake. She going on and on on BBI process - this one look bought.

[RV Pundit]

I will be glad to eat my words - I am like many doubtful of her integrity - considering her appointment.

Most likely you will have to swallow your words.

[RV Pundit]

Martha - On Uhuru on being above the Law.

[RV Pundit]

Martha - Judicial overreach - conclusion erred article 143 - civil proceedings cannot be instituted against Uhuru

That is where Mpesa went - Uhuru basically clean himself from BBI

[RV Pundit]

Martha - IEBC had no obligation to check participation

[GeeMail]

IEBC not mandated to ensure there is public participation. Not expressly mandated in constitution. This major verdict by CJ.

[RV Pundit]

Why is major verdict - Major verdict is that Uhuru or anyone in power cannot initiate popular initiative - making BBI null and void - ab INITIO

IEBC not mandated to ensure there is public participation. Not expressly mandated in constitution. This major verdict by CJ.

[GeeMail]

Public participation stages.
1. Initiation stage - collection of signatures, setting referendum agenda as guaranteed in constitution. Cost should not be on the promoter.
2. Legislative approval.
3. Houses of parliament.
4. Referendum stage
There was reasonable attempt at public participation with respect to the amendment bill, although a late addition to the amendment bill (save for the second schedule of the impugned bill). There is evidence of public participation in the BBI steering committee report. Need for parliament to enact legislation framework for public participation.

[RV Pundit]

Martha - Now on IEBC quorum - 3 or 5. Constitution is override election. So she will go for 3. IEBC legally constituted.

[GeeMail]

Was IEBC having quorum when it conducted the BBI signature verification? Constitution Art 248, 250, 251, 254 provide for composition of IEBC to effectively operate. There seems to be a conflict in the articles with regard to composition of IEBC. Act of Parliament cannot trump normative command of the Constitution. As such, IEBC was constitutionally and legally constituted when it undertook the verification process.

[GeeMail]

Framing separate questions in referendum?
Art 257 of constitution had not arisen for IEBC to make a determination of the referendum question. Art 277 (10) was not ripe for determination.

[RV Pundit]

Martha conclude by 2-4-1. She saves Uhuru and IEBC. Buries BBI.

[GeeMail]

Costs?
1. basic structure doctrine not applicable in Kenya under the constitution.
2. President not permitted to initiate referendum. BBI not a popular initiative.
3. Second schedule is unconstitutional due to violations of public participation.
4. Civil proceedings cannot be instituted against president.
5. No obligation on IEBC to ensure public participation. There was reasonable public participation.
6. IEBC had quorum.
7. Interpretation of art 257 on question for referendum was not ripe for determination.
8 Each party to bear own costs.

[RV Pundit]

Justice Ouko next.

[RV Pundit]

Justice Ouko - I like that - This is the 2nd republic.

[GeeMail]

BBI dead in the water. A very good outcome in case high priest bags State House. Must now find political path not thru judiciary.

[RV Pundit]

Ouko - Basic structure doesnt apply.

[GeeMail]

Justice Ouko shows dilemma when courts allow amendments in some places but with same mouth declare that in some places you cannot touch basic structure. There must be pragmatic solutions to amendment. Limitations to amendment must be specific and unambiguous.

[RV Pundit]

Basic structure 2-0 - Ouko is just system judge - useless.

[GeeMail]

Each generation reserve right to amend the constitution. Cites Chapter 16 of Constitution.