Author Topic: Ndii leads activists in Supreme Court suit on Constitution amendments  (Read 4029 times)

Offline Nowayhaha

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https://www.the-star.co.ke/news/2020-09-16-ndii-leads-activists-in-supreme-court-suit-on-constitution-amendments/

President Uhuru Kenyatta's push to amend the constitution and governance structure has run into a hurdle after activists filed a case challenging it.

Economist David Ndii, Jerotich Seii, James Ngondi, Wanjiku Gikonyo and Ikal Angelei want their case to be certified as urgent.

 
They also want the matter to be immediately sent to Chief Justice David Maraga for the constitution of a three-judge bench to hear it.

 
They have sued the chief government advisor, the Speaker of National Assembly Justin Muturi, Speaker of Senate Ken Lusaka and the Independent Electoral and Boundaries Commission.

The move could deal a blow for Uhuru and ODM leader Raila Odinga who are keen to push for the amendments through the Building Bridges  Initiative.

Last month, the former Prime Minister told the Star that the BBI is on course, dispelling fears the initiative might have been thwarted by the  Covid-19 pandemic.


The final report by Garissa Senator Yusuf Haji's team has been ready for the past three months.

Raila's statement was a strong indication the Constitution might be reviewed in line with BBI recommendations before the 2022 General Election.

That could well mean a referendum to change the governance structure.

He said there is sufficient time to implement the BBI recommendations despite the process being behind schedule by two or three months.

The President in June maintained that the country is ripe for constitutional change to address challenges bedevilling the country including ethnic animosity and exclusion.

"The primary reason for BBI is to ensure future generations are not going through the kind of things we have seen. We want to make our politics mature and inclusive. We went across the country to collect views of what Kenyans want us to do to address the underlining causes of ethnic tensions," he said the during a virtual meeting with the Atlantic Council Africa Centre on strengthening US-Africa trade.

In a strong pitch for the law change, Uhuru said after 10 years, there is need for a review of the Constitution which he said is not cast in stone.

"The primary reason for BBI is to ensure future generations are not going through the kind of things we have seen. We want to make our politics mature and inclusive. We went across the country to collect views of what Kenyans want us to do to address the underlining causes of ethnic tensions," he told the forum.

In a strong pitch for the law change, Uhuru said after 10 years, there is need for a review of the Constitution which he said is not cast in stone.

“The Constitution should be able to address people's problems. There are areas we want to be reviewed and that is the meaning of a referendum."

Offline GeeMail

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Re: Ndii leads activists in Supreme Court suit on Constitution amendments
« Reply #1 on: September 16, 2020, 08:55:50 PM »
What are the "eternity clauses" that Ndii and the hacktivists are looking at? One could have said Moi also had a one-party eternity clause and we know where that went. The current constitution has devolution as one of the greatest pillars but we all know having 47 counties is unwieldy and unsustainable. Maybe 14 as proposed. This suit is going nowhere because having eternity clauses is to suggest people cannot change even a good thing and make it better. The Bible says a wise man changes his mind.
Celebratory violence: 2017 crime invented to justify killings to prevent Raila from becoming PORK. http://www.nipate.com/download/file.php?id=4244

Offline RV Pundit

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Re: Ndii leads activists in Supreme Court suit on Constitution amendments
« Reply #2 on: September 16, 2020, 10:59:41 PM »
The more reason why Raila is a fool to believe constitution can just be ammended ovyo ovyo. The legal bananas that will be thrown on it is not sufficient for it to be organized in the next 1yr...by 2022..nobody will care about it.

This constitution is nearly impossible to ammend for those reasons.

Ruto and Nos said as much...not easy to ammend this.

Offline KenyanPlato

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Re: Ndii leads activists in Supreme Court suit on Constitution amendments
« Reply #3 on: September 17, 2020, 04:14:18 AM »
There wont be constitution change raila is just wasting everyone time sending them on a fools errand..he just wants some stick to keep his opponents busy

Offline Nowayhaha

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Re: Ndii leads activists in Supreme Court suit on Constitution amendments
« Reply #4 on: September 17, 2020, 08:54:19 AM »
The more reason why Raila is a fool to believe constitution can just be ammended ovyo ovyo. The legal bananas that will be thrown on it is not sufficient for it to be organized in the next 1yr...by 2022..nobody will care about it.

This constitution is nearly impossible to ammend for those reasons.

Ruto and Nos said as much...not easy to ammend this.

One of the structural changes is reconstituion of JSC and  Judiciary itself.
With Judiciary theeatened expect them aiding in delaying the plebescite.
All manner of tactica will be employed by activists and polticians against BBI. The judges will play into it from recusing , adjourning etc
Remember Uhuru has also refused to appoint judges so there is a shortage of judges , expect this being used also as one of the reason.By the time Handshake team realise it will be 2022 and Bingo election time

Offline Nowayhaha

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Re: Ndii leads activists in Supreme Court suit on Constitution amendments
« Reply #5 on: September 17, 2020, 09:00:05 AM »
There wont be constitution change raila is just wasting everyone time sending them on a fools errand..he just wants some stick to keep his opponents busy

Raila wanted to correct naivasha talks mistake, he was taken for a ride by Uhuru.
One area Uhuru is a good if you forget his poor leadership skills is like his buddy Murathe he is an expert in conmanship, he did it to Mudavadi in 2013. He can cheat with a straight face then at the opportune time turn around and say his hands were held , ot was beyond him.
Not that Raila didnt have an exit strategy when this happens ,only that it will backfire a fallout or attacking Uhuru at this stage will fire up his base and the minority undecided voters will end up supporting Ruto to the last man

Offline RV Pundit

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Re: Ndii leads activists in Supreme Court suit on Constitution amendments
« Reply #6 on: September 17, 2020, 09:16:02 AM »
They also want iebc to organize a referendum that fires them if its suceeds

Offline RV Pundit

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Re: Ndii leads activists in Supreme Court suit on Constitution amendments
« Reply #7 on: September 17, 2020, 09:18:21 AM »
Besides in a country that doesn't understand constitutionalism  nothing really stop uhuru from implementing BBI...ni vile hataki

Offline Nefertiti

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Re: Ndii leads activists in Supreme Court suit on Constitution amendments
« Reply #8 on: September 17, 2020, 11:32:42 AM »
There wont be constitution change raila is just wasting everyone time sending them on a fools errand..he just wants some stick to keep his opponents busy

:) BBI is Raila 22 Manifesto. Mobutu knows this and is frantically rolling out Hustler Nation. Expect usual manna-from-heaven promises from these blank checkbooks
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 RV Pundit

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Re: Ndii leads activists in Supreme Court suit on Constitution amendments
« Reply #9 on: September 17, 2020, 01:50:37 PM »
Is BBI popular with Kenyans to be used as basis for 2022. I doubt.
:) BBI is Raila 22 Manifesto. Mobutu knows this and is frantically rolling out Hustler Nation. Expect usual manna-from-heaven promises from these blank checkbooks

Offline Kichwa

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Re: Ndii leads activists in Supreme Court suit on Constitution amendments
« Reply #10 on: September 17, 2020, 02:51:47 PM »
Actually Ouru and Raila are in a win win situation. If BBI passes, fine,  but if it fails, ouru and RAO can still team up and win the presidency in 2022 and share the spoils as they wish.  Wanaichi will be the losers because they will have missed an opportunity  to water down the powerful executive branch. 

Is BBI popular with Kenyans to be used as basis for 2022. I doubt.
:) BBI is Raila 22 Manifesto. Mobutu knows this and is frantically rolling out Hustler Nation. Expect usual manna-from-heaven promises from these blank checkbooks
"I have done my job and I will not change anything dead or a live" Malonza

Offline Nowayhaha

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Re: Ndii leads activists in Supreme Court suit on Constitution amendments
« Reply #11 on: September 17, 2020, 03:04:15 PM »

Actually Ouru and Raila are in a win win situation. If the BBI passes, fine,  but if it fails, the next president, if RAO, will have even more powers.

Is BBI popular with Kenyans to be used as basis for 2022. I doubt.
:) BBI is Raila 22 Manifesto. Mobutu knows this and is frantically rolling out Hustler Nation. Expect usual manna-from-heaven promises from these blank checkbooks

Same anology Raila used in 2010 to support the then  2010 referendum  . However as it turned out he didnt win 2013 elections and now the push and pull to amend the constitution to what he really wanted the Bomas draft .

Offline RV Pundit

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Re: Ndii leads activists in Supreme Court suit on Constitution amendments
« Reply #12 on: September 17, 2020, 03:16:17 PM »
When will you understand that Ouru is retiring :). This another Kibaki is preparing the way for Raila. What make you think Uhuru will involve himself in dirty expensive energy draining campaigns - for anybody - leave alone Raila.
Actually Ouru and Raila are in a win win situation. If BBI passes, fine,  but if it fails, ouru and RAO can still team up and win the presidency in 2022 and share the spoils as they wish.  Wanaichi will be the losers because they will have missed an opportunity  to water down the powerful executive branch. 

Offline Nowayhaha

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Re: Ndii leads activists in Supreme Court suit on Constitution amendments
« Reply #13 on: September 17, 2020, 03:19:25 PM »
When will you understand that Ouru is retiring :). This another Kibaki is preparing the way for Raila. What make you think Uhuru will involve himself in dirty expensive energy draining campaigns - for anybody - leave alone Raila.
Actually Ouru and Raila are in a win win situation. If BBI passes, fine,  but if it fails, ouru and RAO can still team up and win the presidency in 2022 and share the spoils as they wish.  Wanaichi will be the losers because they will have missed an opportunity  to water down the powerful executive branch. 

I dont think with all the looting he has done  he would want to involve himself in 2022 politics . The generational wealth amassed is too good to create any enemies 

Offline RV Pundit

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Re: Ndii leads activists in Supreme Court suit on Constitution amendments
« Reply #14 on: September 17, 2020, 03:21:30 PM »
First it would mean undoing his legacy by becoming THE issue. The election will become a verdict on his presidency. He gains nothing by involving himself. 2nd he would have to spend billions of his hard cash. Thirdly if transition goes horribly bad and their is violence - his ICC file could easily be re-opened. This time it won't only be on Mungiki - but also on police/security forces.

Uhuru has found a convenient fool in Raila.

I dont think with all the looting he has done  he would want to involve himself in 2022 politics . The generational wealth amassed is too good to create any enemies 

Offline Kichwa

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Re: Ndii leads activists in Supreme Court suit on Constitution amendments
« Reply #15 on: September 17, 2020, 03:28:56 PM »
The difference is that RAO was out of power then.  Now RAO and Ouru should have a private deal,  put their enormous resources together and win the presidency in 2022.  They can do BBI after 2022 when Ruto and his munions have been vanguished.


Actually Ouru and Raila are in a win win situation. If the BBI passes, fine,  but if it fails, the next president, if RAO, will have even more powers.

Is BBI popular with Kenyans to be used as basis for 2022. I doubt.
:) BBI is Raila 22 Manifesto. Mobutu knows this and is frantically rolling out Hustler Nation. Expect usual manna-from-heaven promises from these blank checkbooks

Same anology Raila used in 2010 to support the then  2010 referendum  . However as it turned out he didnt win 2013 elections and now the push and pull to amend the constitution to what he really wanted the Bomas draft .
"I have done my job and I will not change anything dead or a live" Malonza

Offline Kichwa

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Re: Ndii leads activists in Supreme Court suit on Constitution amendments
« Reply #16 on: September 17, 2020, 03:35:00 PM »
ICC is done, and Ouru does not have to worry about it anymore.  Ouru should leave legacy to historians and worry about his survival. Ruto now presents an existential threat not only to him but to his fathers legacy, his family and the kikuyu old money.  Handing over power to Ruto will be like throwing himself in Jail.  After Ruto and his munions attacked his family directly, I think Ouru would rather have chaos in the country than hand over the reigns of power to Ruto. It would be suicidal and I do not think Ouru is suicidal.

First it would mean undoing his legacy by becoming THE issue. The election will become a verdict on his presidency. He gains nothing by involving himself. 2nd he would have to spend billions of his hard cash. Thirdly if transition goes horribly bad and their is violence - his ICC file could easily be re-opened. This time it won't only be on Mungiki - but also on police/security forces.

Uhuru has found a convenient fool in Raila.

I dont think with all the looting he has done  he would want to involve himself in 2022 politics . The generational wealth amassed is too good to create any enemies 
"I have done my job and I will not change anything dead or a live" Malonza

Offline Nefertiti

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Re: Ndii leads activists in Supreme Court suit on Constitution amendments
« Reply #17 on: September 17, 2020, 04:29:16 PM »
Pundit's kneejerk PEV is a concession speech. UhuruRao vs Ruto is 2002 redux - 70-25%. BBI is NARC with the dream lineup of PORK, 2 VP, PM, 2 DPM, FPE and all the manna - in 100 days. :)  There will be no BBI after elections of course - after Raila and Uhuru stooge PK are sworn in - few usual noisemakers will be fired. Broke Kalonzo, Mdvd, Oparanyas, Johos are desperate for soft landing so they are happy to play along for senior CS. Once his interests are secured from the new Enemy of the State - Uhuru will go replace Mkapa and Mbeki as Burundi peacemaker - or other ceremonial statesman duties.

ICC is done, and Ouru does not have to worry about it anymore.  Ouru should leave legacy to historians and worry about his survival. Ruto now presents an existential threat not only to him but to his fathers legacy, his family and the kikuyu old money.  Handing over power to Ruto will be like throwing himself in Jail.  After Ruto and his munions attacked his family directly, I think Ouru would rather have chaos in the country than hand over the reigns of power to Ruto. It would be suicidal and I do not think Ouru is suicidal.

First it would mean undoing his legacy by becoming THE issue. The election will become a verdict on his presidency. He gains nothing by involving himself. 2nd he would have to spend billions of his hard cash. Thirdly if transition goes horribly bad and their is violence - his ICC file could easily be re-opened. This time it won't only be on Mungiki - but also on police/security forces.

Uhuru has found a convenient fool in Raila.

I dont think with all the looting he has done  he would want to involve himself in 2022 politics . The generational wealth amassed is too good to create any enemies 
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 Nowayhaha

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Re: Ndii leads activists in Supreme Court suit on Constitution amendments
« Reply #18 on: September 17, 2020, 04:46:57 PM »
The difference is that RAO was out of power then.  Now RAO and Ouru should have a private deal,  put their enormous resources together and win the presidency in 2022.  They can do BBI after 2022 when Ruto and his munions have been vanguished.


Actually Ouru and Raila are in a win win situation. If the BBI passes, fine,  but if it fails, the next president, if RAO, will have even more powers.

Is BBI popular with Kenyans to be used as basis for 2022. I doubt.
:) BBI is Raila 22 Manifesto. Mobutu knows this and is frantically rolling out Hustler Nation. Expect usual manna-from-heaven promises from these blank checkbooks

Same anology Raila used in 2010 to support the then  2010 referendum  . However as it turned out he didnt win 2013 elections and now the push and pull to amend the constitution to what he really wanted the Bomas draft .

Proceeding to 2013 elections , The was NARA , Raila was PM and owned half of the government . He was still receiving security briefs and was instrumental in selection of CJ , supreme court jugdes and also electoral commissioners , the IEBC chairman and CEO were his nominees .
Railas so called cooperation with Uhuru is just means of Uhuru looting and letting him do so . When time of handing real power you will see how Uhuru will act . Raila is being Mudavidied the mademoni way , by the time he realises it will be too late and 2022  elections will be up

Offline Nefertiti

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Re: Ndii leads activists in Supreme Court suit on Constitution amendments
« Reply #19 on: September 17, 2020, 04:54:59 PM »
The difference is that RAO was out of power then.  Now RAO and Ouru should have a private deal,  put their enormous resources together and win the presidency in 2022.  They can do BBI after 2022 when Ruto and his munions have been vanguished.


Actually Ouru and Raila are in a win win situation. If the BBI passes, fine,  but if it fails, the next president, if RAO, will have even more powers.

Is BBI popular with Kenyans to be used as basis for 2022. I doubt.
:) BBI is Raila 22 Manifesto. Mobutu knows this and is frantically rolling out Hustler Nation. Expect usual manna-from-heaven promises from these blank checkbooks

Same anology Raila used in 2010 to support the then  2010 referendum  . However as it turned out he didnt win 2013 elections and now the push and pull to amend the constitution to what he really wanted the Bomas draft .

Proceeding to 2013 elections , The was NARA , Raila was PM and owned half of the government . He was still receiving security briefs and was instrumental in selection of CJ , supreme court jugdes and also electoral commissioners , the IEBC chairman and CEO were his nominees .
Railas so called cooperation with Uhuru is just means of Uhuru looting and letting him do so . When time of handing real power you will see how Uhuru will act . Raila is being Mudavidied the mademoni way , by the time he realises it will be too late and 2022  elections will be up

Anything that soothes you  to sleep :)
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