Nipate
Forum => Kenya Discussion => Topic started by: RV Pundit on May 15, 2021, 01:29:57 PM
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The orders sought ->
Orders that the 1st Respondent make good public funds used in the unconstitutional constitutional change process promoted by the Steering Committee on the Implementation of the Building Bridges to a United Kenya Taskforce Report established by the 1st Respondent, the amount as computed by the Auditor-General.
High court said - why not.
581. Without appearing to pre-empt The Auditor-General’s audit and the report that may be subsequently made, we can do nothing more than reproduce here verbatim Article 226(5) of the Constitution on the misuse and recovery of public funds. That Article states as follows:
226(5) If the holder of a public office, including a political office, directs or approves the use of public funds contrary to law or instructions, the person is liable for any loss arising from that use and shall make good the loss, whether the person remains the holder of the office or not.
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We can follow the son of mama ngina even after he leaves office with 16B Kshs bill :) :) That will be prophetic justice.
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Wishful thinking....If we never followed these people over ICC and forced them to pay resistitution to millions of kenya, killed or displaced ni hii tuu?
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But they were never found guilty by ICC. He killed all Mungiki witnesses and the case was thrown out before trial.
Uhuru has been found guilty of misuse of office - and is waiting for the auditor general to send him BBI BILL :) - if not anybody can go to court and receive orders - and hostile gov can auction their land in Ruiru and pay of the loan.
This is huge
588. In taking initiatives to amend the Constitution other than through the prescribed means, the President has, without doubt, failed to respect, uphold and safeguard the Constitution and, to that extent, he has fallen short of the leadership and integrity threshold set in Article 73 of the Constitution and, in particular, Article 73(1)(a) thereof. We so find.
589. It goes without saying that considering the illegitimate purpose for which the BBI Steering Committee was conceived, nothing legitimate can come out of that outfit. It is void ab initio and whatever it may want to consider as its achievements including the Constitution Amendment Bill are of no legal consequence.
Wishful thinking....If we never followed these people over ICC and forced them to pay resistitution to millions of kenya, killed or displaced ni hii tuu?
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I know you are happy but there is chance some or all of the rulings can be quashed. The Grand Mullah thinks SCORK will quash the judgement.
https://www.standardmedia.co.ke/national/article/2001412878/bbi-appeal-lawyers-claim-chances-of-success-low
Abdullahi, however, put the rider that the AG “could get a lifeline at the apex court”.
“The chances of the Court of Appeal overturning the High Court’s five judges' judgement on BBI is less than 5 per cent. The chances of the Supreme Court of Kenya overturning the BBI judgement is over 75 per cent. Five judges [of the Supreme Court] will overturn the ruling, two won’t. The Supreme Court is the weakest link in the Judicial chain,” Abdullahi said on Twitter.
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Pundit go on drinking binge for few days and get back to punditry. Personally I think the rulings is likely to be quashed by CoA (few parts) then SCORK (all parts).
Which parts does Robina disagree with? Everything - except maybe public funds and new 70 MPs
1. Popular initiative and definition of "Wanjiku" to exclude PORK. That is a slippery slope: can we also exclude DPORK, MPs, governors, MCAs? How about CEOs? Bishops? Lawyers? Professionals? How about say rich farmers? Opposition Leader(s)? Wanjiku is simply any Kenyan so this is fishy
2. IEBC quorum. CoK2010 sets it at 3 commissioners and it is superior to statutes
3. BBI Taskforce. There is no (referendum) law broken so how can it be illegal? Which taskforce or committee drafted Punguza Mzigo? Uhuru, Raila or any Kenyan just like Aukot can sit in his bedroom and draft a bill
4. Referendum law. There is precedent of many legal processes happening without substantive laws expressly required by CoK2010 e.g. Campaign Finance Act, law on 1/3 gender, etc. 2005-10 referenda had no separate laws. You cannot coerce MPs to pass any law
5. Dishing prayers not sought - such as Uhuru failed Ch 6 integrity - is nonsense and should be quashed
What does Robina agree with?
6. New MPs. BBI can create but must leave distribution to IEBC
7. BBI funding. Popular initiative cannot be funded by Exchequer. However here we know Uhuru has deftly used NIS funds which are state secret. Oloo and BBI Taskforce will easily swear the funds came from well-wishers. It hard to prove they used public funds since even now or last years there was no official budget for BBI
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Don't embarrass yourself any futher. Just read the judgement and stop acting like an idiot.
Popular initiative - yes of course - you can use a proxy - random citizen - but ultimately their SYMMETRY of POWER - that prevent someone in gov - from initiating this. This strictly for non-state actors- on your own funding - like Punguza Mzigo Turkana boy.
You know why allowing Uhuru or powerful state actors to use popular initiative is a bad idea - it becomes a shortcut - because the president can and did bribe MCAS with car grants - and went ahead to bribe and threaten MPs.
The rest of your nonsense - Please NIGGA - go hang a transformer.
Nothing there has any chance of appeal :) - maybe Uhuru being found liable for abuse of office :0
Pundit go on drinking binge for few days and get back to punditry. Personally I think the rulings is likely to be quashed by CoA (few parts) then SCORK (all parts).
Which parts does Robina disagree with? Everything - except maybe public funds and new 70 MPs
1. Popular initiative and definition of "Wanjiku" to exclude PORK. That is a slippery slope: can we also exclude DPORK, MPs, governors, MCAs? How about CEOs? Bishops? Lawyers? Professionals? How about say rich farmers? Opposition Leader(s)? Wanjiku is simply any Kenyan so this is fishy
2. IEBC quorum. CoK2010 sets it at 3 commissioners and it is superior to statutes
3. BBI Taskforce. There is no (referendum) law broken so how can it be illegal? Which taskforce or committee drafted Punguza Mzigo? Uhuru, Raila or any Kenyan just like Aukot can sit in his bedroom and draft a bill
4. Referendum law. There is precedent of many legal processes happening without substantive laws expressly required by CoK2010 e.g. Campaign Finance Act, law on 1/3 gender, etc. 2005-10 referenda had no separate laws. You cannot coerce MPs to pass any law
5. Dishing prayers not sought - such as Uhuru failed Ch 6 integrity - is nonsense and should be quashed
What does Robina agree with?
6. New MPs. BBI can create but must leave distribution to IEBC
7. BBI funding. Popular initiative cannot be funded by Exchequer. However here we know Uhuru has deftly used NIS funds which are state secret. Oloo and BBI Taskforce will easily swear the funds came from well-wishers. It hard to prove they used public funds since even now or last years there was no official budget for BBI
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Pundit go on drinking binge for few days and get back to punditry. Personally I think the rulings is likely to be quashed by CoA (few parts) then SCORK (all parts).
Which parts does Robina disagree with? Everything - except maybe public funds and new 70 MPs
1. Popular initiative and definition of "Wanjiku" to exclude PORK. That is a slippery slope: can we also exclude DPORK, MPs, governors, MCAs? How about CEOs? Bishops? Lawyers? Professionals? How about say rich farmers? Opposition Leader(s)? Wanjiku is simply any Kenyan so this is fishy
2. IEBC quorum. CoK2010 sets it at 3 commissioners and it is superior to statutes
3. BBI Taskforce. There is no (referendum) law broken so how can it be illegal? Which taskforce or committee drafted Punguza Mzigo? Uhuru, Raila or any Kenyan just like Aukot can sit in his bedroom and draft a bill
4. Referendum law. There is precedent of many legal processes happening without substantive laws expressly required by CoK2010 e.g. Campaign Finance Act, law on 1/3 gender, etc. 2005-10 referenda had no separate laws. You cannot coerce MPs to pass any law
5. Dishing prayers not sought - such as Uhuru failed Ch 6 integrity - is nonsense and should be quashed
What does Robina agree with?
6. New MPs. BBI can create but must leave distribution to IEBC
7. BBI funding. Popular initiative cannot be funded by Exchequer. However here we know Uhuru has deftly used NIS funds which are state secret. Oloo and BBI Taskforce will easily swear the funds came from well-wishers. It hard to prove they used public funds since even now or last years there was no official budget for BBI
:D :D :D
BBI is UNLOVABLE! GIVE IT UP ROBINA. Unless you are part of the political cabal how would it benefit you? I really don't get Kenyans sometimes.