Author Topic: High court suspend part of the draconian laws  (Read 2610 times)

Offline RV Pundit

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High court suspend part of the draconian laws
« on: January 02, 2015, 01:25:32 PM »
http://www.businessdailyafrica.com/High-court-suspends-parts-of-Kenya-security-laws/-/539546/2576262/-/kjdur2z/-/index.html

Offline Omollo

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Re: High court suspend part of the draconian laws
« Reply #1 on: January 02, 2015, 01:28:27 PM »
At least The Star has tried to educate readers about the law. Both Jubilee Papers - Nation and Standard - have weaved it in to confusion.

In fact as a Write, the Nation is not yet updated to accept the news. GEMA boys are MIA.

Quote
http://www.the-star.co.ke/news/high-court-suspends-eight-clauses-security-law-refers-case-supreme-court#sthash.tKqRYjxY.dpuf
... [the ICC case] will be tried in Europe, where due procedure and expertise prevail.; ... Second-guessing Ocampo and fantasizing ..has obviously become a national pastime.- NattyDread

Offline RV Pundit

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Re: High court suspend part of the draconian laws
« Reply #2 on: January 02, 2015, 01:42:06 PM »
Indeed seem the star quality of journalism has improved so much. Nation has gone down the drains.

I do not see these dracocian kanu era laws standing.

Offline Omollo

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Re: High court suspend part of the draconian laws
« Reply #3 on: January 02, 2015, 01:56:22 PM »
If it ends up in the Supreme Court some of them will stand. Those judges are all compromised. Whatever Njoki Ndung'u organized seems to have worked. The guys who could not afford a second pair of pants now are so wealthy beyond belief. at least three of them may die of over-weight.

Indeed seem the star quality of journalism has improved so much. Nation has gone down the drains.

I do not see these dracocian kanu era laws standing.
... [the ICC case] will be tried in Europe, where due procedure and expertise prevail.; ... Second-guessing Ocampo and fantasizing ..has obviously become a national pastime.- NattyDread

Offline Omollo

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Re: High court suspend part of the draconian laws
« Reply #4 on: January 02, 2015, 02:00:15 PM »
Nation is dead. Remember the illness that killed The Weekly Review? That illness has infected The Nation. Ng'weno rose on being able to state certain things with some degree of independence. The he slowly got compromised and imagined that if he shifted course, his readership will follow. He looked back and he was alone. I understand the last three issues were returned to the offices without a single copy having been bought on the streets.
... [the ICC case] will be tried in Europe, where due procedure and expertise prevail.; ... Second-guessing Ocampo and fantasizing ..has obviously become a national pastime.- NattyDread

Offline RV Pundit

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Re: High court suspend part of the draconian laws
« Reply #5 on: January 02, 2015, 03:36:23 PM »
Yes Nation has slowly become like our church; as tribal as everyone else; and therefore nobody is interested to read a paper that stand for no higher ideals than any random idiot on street.
Nation is dead. Remember the illness that killed The Weekly Review? That illness has infected The Nation. Ng'weno rose on being able to state certain things with some degree of independence. The he slowly got compromised and imagined that if he shifted course, his readership will follow. He looked back and he was alone. I understand the last three issues were returned to the offices without a single copy having been bought on the streets.

Offline Kim Jong-Un's Pajama Pants

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Re: High court suspend part of the draconian laws
« Reply #6 on: January 02, 2015, 04:54:09 PM »
It would appear that Odunga thinks it's okay to remand a suspect for upto 360 days without bringing him to trial.

Why he feels he needs Mutungaru's input to make a determination is completely lost to me.
"I freed a thousand slaves.  I could have freed a thousand more if only they knew they were slaves."

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Offline Omollo

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Re: High court suspend part of the draconian laws
« Reply #7 on: January 02, 2015, 06:06:29 PM »
I am looking for the ruling. It takes at least three days to get it online.
... [the ICC case] will be tried in Europe, where due procedure and expertise prevail.; ... Second-guessing Ocampo and fantasizing ..has obviously become a national pastime.- NattyDread

Offline MOON Ki

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Re: High court suspend part of the draconian laws
« Reply #8 on: January 02, 2015, 11:18:39 PM »
It would appear that Odunga thinks it's okay to remand a suspect for upto 360 days without bringing him to trial.

Why he feels he needs Mutungaru's input to make a determination is completely lost to me.

First part: I didn't think it was necessary for him to act all parts that may be problematic; that would be difficult to justify.   What he had to do was act on certain parts that require urgent action.

Second part: His primary task was whether to (a) put certain parts of the law into "abeyance" until the matter has been fully heard and (b) decide whether the application had enough substance to go forward.     He did both.

On the "going forward", the relevant law says that such a matter of constitutional interpretation is to be heard by an even number (at least three) judges appointed by the CJ.
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Offline Kichwambaya

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Re: High court suspend part of the draconian laws
« Reply #9 on: January 03, 2015, 12:12:51 AM »
I think he did a pretty good job in the discussion to explain why he acted on certain parts and left the rest for the later.  His standard was those section that caused , "danger to life and limb and/or infringment on bill of rights".