If you have not seen or felt a volley out of James Orengo’s vintage musket then know that the Calvary has no more ammunition left and their fighting spirit is dead. They are here only for the Armistice prize. ^DoS
— Nelson Havi (@NelsonHavi) June 29, 2021
Orengo has total lost - he spent the afternoon saying constitution did not come from Wanjiku :)
There is absolutely no way the superior courts ruling can be sustained. The theories that the lower court used to kill BBI has completely been dismantled. 1) There is no eternity clause in the Kenyan constitution which explicitly forbids amending any sections of that constitution. 2) There is absolutely no basis to apply the theory of basic structure in Kenya even when the judges themselves cannot explicitly state which those basic structures are. Last but no least, what the superior court defined as an initiative by the president is actually legally better defined as a suggestion. Popular initiative means the collection of one million signatures . Mambo Kwisha. There is NO WAY the lower courts ruling can be legally be sustained.
Absolutely no way the appeal can jump 20 barriers enacted on their way. They have to be world class hurdlers.
The first big hurdle of course is the basic structure and the power of the constituent assembly - that is mainly academic exercise.
Let say you managed to jump that big hurdle...it 50-50 there coz it pure advisory kind of case...then process start...19 hurdles to go.
1) Hurdle No 1 - BBI was never drafted in Kiswahili :) - and it not contested in the appeal.
Article 7 of the constitution.
National, official and other languages.
7. (1) The national language of the Republic is Kiswahili.
(2) The official languages of the Republic are Kiswahili and
English.
(3) The State shall—
(a) promote and protect the diversity of language of the people of
Kenya; and Constitution of Kenya, 2010 15
(b) promote the development and use of indigenous languages,
Kenyan Sign language, Braille and other communication
formats and technologies accessible to persons with
disabilities.
And there are 19 more hurdles.
3) IEBC verified signatures in 5 days including the weekend - and only published it on their website. Their own regulation - normally 2 weeks - although for election - it normally is 30 days for people to verify their details.
Kichwa there is ABSOLUTELY NO WAY BBI will recover.
Least of course - it target the Judiciary - the same judges!There is absolutely no way the superior courts ruling can be sustained. The theories that the lower court used to kill BBI has completely been dismantled. 1) There is no eternity clause in the Kenyan constitution which explicitly forbids amending any sections of that constitution. 2) There is absolutely no basis to apply the theory of basic structure in Kenya even when the judges themselves cannot explicitly state which those basic structures are. Last but no least, what the superior court defined as an initiative by the president is actually legally better defined as a suggestion. Popular initiative means the collection of one million signatures . Mambo Kwisha. There is NO WAY the lower courts ruling can be legally be sustained.
Those are minor issues. The most important thing is that the Ruling will be overturned and then BBI becomes a very potent political tool. The whole idea is to find a formidable vehicle to capture the 2022 presidency. A win here even without the actually implementation of BBI before 2022 can be effectively be used to put together a formidable coalition with the promise to implement BBI after the elections.
On 10/01/2020 Mr Joseph Kinyua the Head of Public Service in @JunetMohamed’s Government after consultations with Dennis Waweru gazetted BBI Steering Committee to propose Constitutional amendments. NB:Mr Mohamed with his brother Waweru are promoters of BBI Amendments under Art.257 pic.twitter.com/ET9CtstiTt
— KIPCHUMBA MURKOMEN, E.G.H (@kipmurkomen) June 30, 2021
Yaani...🙄
— Grace Chege (@gracechege) June 30, 2021
And, here's Junet Mohammed & Dennis Waweru....launching the collection of signatures in THEIR amendment of the Constitution by Popular Initiative. 🙄 pic.twitter.com/fXaapUMZhq
Junet Mohamed and Dennis Waweru promoting BBI constitutional amendments. @OAmollo wisdom will kill you. pic.twitter.com/m2rzmborIM
— KIPCHUMBA MURKOMEN, E.G.H (@kipmurkomen) June 30, 2021
Both Raila and Uhuru should be surcharged for public expenditure including 2m grants to 2000mcas as a bribe to pass BBI. That is 4B kshs.
At the Appeal Court, there are Lawyers telling us that President Uhuru and @RailaOdinga did NOT initiate the BBI process. Well The President Disagrees with them! Just saying..... pic.twitter.com/0GOR25oBlE
— -Dennis Itumbi, CBS (@OleItumbi) July 1, 2021
Unpopular with kenyans
https://www.the-star.co.ke/news/2021-07-01-only-19percent-of-kenyans-would-vote-yes-in-bbi-referendum-survey/
Only Luo Nyanza are in support of it. You notice how Presidential Opinion polls went in the thin air once Raila support withered.Unpopular with kenyans
https://www.the-star.co.ke/news/2021-07-01-only-19percent-of-kenyans-would-vote-yes-in-bbi-referendum-survey/
Yes :( pollster afraid to offend the deep state with open secret that Ruto is unassailable.
Only Luo Nyanza are in support of it. You notice how Presidential Opinion polls went in the thin air once Raila support withered.Unpopular with kenyans
https://www.the-star.co.ke/news/2021-07-01-only-19percent-of-kenyans-would-vote-yes-in-bbi-referendum-survey/
All in all we can see from this poll the Anti Raila votes stronghold
Central and North Eastern lead in Anti Raila voting
(https://lh3.googleusercontent.com/-R62HoK3dFG-anWO5ba4TXR3X3TTZXLmMXrvIshFJsdPzXvZkMsYFF8SHL6L87IYzT0n1966AzJTAl0VrjOZ4EsDvapBsct8uBBSDuvFzrw=s750)Yes :( pollster afraid to offend the deep state with open secret that Ruto is unassailable.
Only Luo Nyanza are in support of it. You notice how Presidential Opinion polls went in the thin air once Raila support withered.Unpopular with kenyans
https://www.the-star.co.ke/news/2021-07-01-only-19percent-of-kenyans-would-vote-yes-in-bbi-referendum-survey/
Yes :( pollster afraid to offend the deep state with open secret that Ruto is unassailable.
Only Luo Nyanza are in support of it. You notice how Presidential Opinion polls went in the thin air once Raila support withered.Unpopular with kenyans
https://www.the-star.co.ke/news/2021-07-01-only-19percent-of-kenyans-would-vote-yes-in-bbi-referendum-survey/
Yes :( pollster afraid to offend the deep state with open secret that Ruto is unassailable.
Only Luo Nyanza are in support of it. You notice how Presidential Opinion polls went in the thin air once Raila support withered.Unpopular with kenyans
https://www.the-star.co.ke/news/2021-07-01-only-19percent-of-kenyans-would-vote-yes-in-bbi-referendum-survey/
The court of appeal will overturn the superior court ruling on Justiciability, allow BBI to go to referendum and pass before the matter is ripe for hearing. The courts should not interfere with a political process until its over. The referendum may not have passed and all this would be unnecessary.
This BBI is turning into a great thing. A forum to call out ufool personally. It is a great start. He had everything going for a supreme leader.
?s=20Good elderly Kenyan lawyers went to bed with dark forces for handcheque and handchieth reasons, but as we say in Latin 'Mungu ni nani!' Behold unto Kenya hath Jehovah gifted us: Christian Andole, Esther Ang'awa, Elias Mutuma, Nelson Havi. Hope is not lost. The audacity of hope.âš– pic.twitter.com/zKPpTmIXbz
— Dr. John Njenga Karugia PhD. (@johnnjenga) July 2, 2021
- Alouchier from Rongo pretty impressive for a non-legalIsaac Aluochier: The constitution is not confused about single or multiple amendments; The amendment bill is dead on arrival, it has over 73/74 proposals. Dennis Waweru & Junet have given a bill with 74 different amendments, they need over 74 Million signatures #BBIAppealHearing pic.twitter.com/xbLGFmcCT4
— Citizen TV Kenya (@citizentvkenya) July 2, 2021