Nipate
Forum => Kenya Discussion => Topic started by: RV Pundit on August 17, 2021, 10:05:00 PM
-
The day Ruto single handily destroyed BBI. The video has 1m views. Ruto brilliance and delivery are on another level. His courage and bravery amidst all the noise from BBI crew is truly admirable.
-
Some of legal scholarly work already written
https://verfassungsblog.de/the-bbi-judgment-and-the-invention-of-kenya/
Ambreena Manji is Professor of Land Law and Development at Cardiff. She was previously Director of the British Institute in Eastern Africa (2010-2014).
As commentators have shown, it is difficult to envisage a basic structure doctrine argument that stands up unless undergirded by the historical account given by the court. The BBI judgment is therefore historic in two ways. It is historic for its elaboration of basic structure doctrine. But it is also historic because it does history work. It is a deeply historical reading that enables us to see what the Kenyan people meant when they gave themselves the 2010 constitution. The court imputes intention to the people, invoking the everywoman of Kenyan constitutional history, Wanjiku, whom Wambui Mwangi has described as ‘a Kenyan every-body or Kenyan any-body’ forged ‘out of an ethnically specific but poignantly disembodied no-body.’ Wanjiku is mentioned twelve times in the judgment [paras 411-499].
-
Gautam Bhatia is a constitutional lawyer based in New Delhi, India.
https://www.theelephant.info/op-eds/2021/05/17/the-kenyan-high-courts-bbi-judgement-an-instant-classic/
A final point: it is particularly fascinating to note that the High Court derived its articulation of the basic structure not from a textual interpretation of the word “amend”, or from structural arguments about implied limitations, but from Kenyan social history. Its entire analysis was focused on how Kenyans struggled for – and won – the right to public participation in constitution-making, and that was the basis for holding that the core of the constitution could not be altered without going back to the people. A crucial argument of transformative constitutionalism is that constitutional interpretation needs to work with an expanded interpretive canon, which centres people – and social movements – in its understanding of constitutional meaning. The High Court’s judgment is an example par excellence of transformative constitutionalism grounded in radical social history.
If ever a judgment deserved to be called an instant classic, the Kenyan High Court’s BBI Judgment must surely rank as a top contender.
-
Prof Joel Ngugi and rest - will go down in legal history if their powerful and persuasive ruling is upheld. Their judgement will become a classic in commnwealth.
-
Unsung hero Isaac Alochier from Migori - like Omtataha are people who should be winning Burning Spear - not Githeri Man or Alai - for promoting democracy and rule of law.
-
Raila says if they lose - its the end of BBI - until 2023
https://www.the-star.co.ke/news/2021-08-18-raila-we-shall-not-go-to-supreme-court-over-bbi/
-
My sense is that they have Intel to the effect that the Appeals Court has sustained the High Court ruling albeit with tiding up some loose ends and inconsistencies.
Time for Baba to let it go and focus fully on 2022; after all BBI was infiltrated and adulterated with vested interests and personal agenda much outside Baba's original desire.
-
Yes, BBI has drunk water. 2022 and COVID-19. Ruto was smart to start campaigning in 2018.
My sense is that they have Intel to the effect that the Appeals Court has sustained the High Court ruling albeit with tiding up some loose ends and inconsistencies.
Time for Baba to let it go and focus fully on 2022; after all BBI was infiltrated and adulterated with vested interests and personal agenda much outside Baba's original desire.
-
Babu is not appealing
Matters katiba amendment are the next government’s monkey if at all.
Some highly theoretical aspects of the judgement will be quashed, others will remain.
Basic structure is abstract
Guessing sijui what clauses fall under constituted or constituent power too.
If they uphold everything then we will never have ANY katiba amendment
-
Basic structure is foundation.
If it fails; then BBI can be salvaged;
If it sustained; it indeed become very difficult to ammend katiba.
But that was what kenya wanted in 2010 anyway.
They did not want something easy to ammend.
After the last one was ammended.
To ammend the katiba - it has to be a single amendment with rigorous civic and public participation - and a referendum for protected clauses.
And that is how it should be.
US constitution is 200yrs old. If every PORK came with 78 amendments - it would be something crazy now.
Babu is not appealing
Matters katiba amendment are the next government’s monkey if at all.
Some highly theoretical aspects of the judgement will be quashed, others will remain.
Basic structure is abstract
Guessing sijui what clauses fall under constituted or constituent power too.
If they uphold everything then we will never have ANY katiba amendment
-
From Uhuru Mombasa meeting - look like BBI has failed.
Uhuru is now telling NASA - parliamentary route is a possibility.
Yet another lie to keep them busy doing nothing.
For parliamentary process to start and finish - with 2/3 - it requires a lot time and a lot of resources.
2/3 may no longer be possible as we approach 2022 - as most Mps are going to listen to public opinion.
And court cases
-
BBI failed because simply Uhuru didnt want it to succeed from the onset. By the time he decided to use it as a tool to have a say in Post 2022 power strings . It was too late.
In comparison with Kibaki who from word go wanted to leave a new constituion as part of his legacy .Uhuru didnt care.
Now the most funniest thing is being the focal point of BBIs failure and instead of Raila and team dissasociating with Uhuru foe being tricked .They are still tagging with more tricks being played. A big difference with Ruto who charted his own path after realising Uhuru wanted to eat alone and the games he was playing could affect his 2022 chances. But again Raila Kalonzo and Mudavadi receive allowances feom exchequer and Uhuru has a big say in the money they receive just like pre 2018 can decide kuwafinys kidogo .
All said and done these politicians are from Mois school of politics they were all in KANU at the same time pre 2002 and used to sit in his offical and non official cabinet meetings at the same time. They are one and the same people. They are just playing politics.
-
Kibaki did not want a new constitution. If he wanted he wont have sabotaged Bomas. 2007 PEV made new constitution happens. Everyone realized that things had to change. Kibaki saw his economic growth evaporate. He knew something had to give - and he stopped sabotaging the constitution making processes - and allowed COE to midwife it. Abdikadir (Mandera MP) was an usung hero in that process too..as chair of PSC...he really steered the process and his harvard degree were not wasted. Mt kenya greatest fear (irrational) was the fear of Majimbo/Federalism/Devolution. If they were smarter - they would have realized they stood the most to benefit from federalism - because they would keep their taxes. Now with devolution...Turkana generate nothing and get the most. With federalism - most of kiambu money - would stay in Kiambu.
BBI failed because simply Uhuru didnt want it to succeed from the onset. By the time he decided to use it as a tool to have a say in Post 2022 power strings . It was too late.
In comparison with Kibaki who from word go wanted to leave a new constituion as part of his legacy .Uhuru didnt care.
Now the most funniest thing is being the focal point of BBIs failure and instead of Raila and team dissasociating with Uhuru foe being tricked .They are still tagging with more tricks being played. A big difference with Ruto who charted his own path after realising Uhuru wanted to eat alone and the games he was playing could affect his 2022 chances. But again Raila Kalonzo and Mudavadi receive allowances feom exchequer and Uhuru has a big say in the money they receive just like pre 2018 can decide kuwafinys kidogo .
All said and done these politicians are from Mois school of politics they were all in KANU at the same time pre 2002 and used to sit in his offical and non official cabinet meetings at the same time. They are one and the same people. They are just playing politics.
-
Kibaki wanted a New Constituion , However the truth as is the case with BBI he wanted a constituion that would cover his and his people interests espcially the People surrounding him. during inougration of parliament in 2008 he specifically mentioned even one man Orengo can make the constituion basically attesting to the fact that he was ready to compromise for the sake of having a new constituion during his tenure.
Kibaki a very accomodating person almost fired Uhuru ,Michuki and Kalonzo for initially opposing the Constituion. Ruto was subsequently downgraded.
If you were clearly following Kibaki he exhibited emotions of joy in the public twice during Inagruation of the 2010 constituion and secondly when he was handing power to his Godchild Uhuru.
Kibaki did not want a new constitution. If he wanted he wont have sabotaged Bomas. 2007 PEV made new constitution happens. Everyone realized that things had to change. Kibaki saw his economic growth evaporate. He knew something had to give - and he stopped sabotaging the constitution making processes - and allowed COE to midwife it. Abdikadir (Mandera MP) was an usung hero in that process too..as chair of PSC...he really steered the process and his harvard degree were not wasted. Mt kenya greatest fear (irrational) was the fear of Majimbo/Federalism/Devolution. If they were smarter - they would have realized they stood the most to benefit from federalism - because they would keep their taxes. Now with devolution...Turkana generate nothing and get the most. With federalism - most of kiambu money - would stay in Kiambu.
BBI failed because simply Uhuru didnt want it to succeed from the onset. By the time he decided to use it as a tool to have a say in Post 2022 power strings . It was too late.
In comparison with Kibaki who from word go wanted to leave a new constituion as part of his legacy .Uhuru didnt care.
Now the most funniest thing is being the focal point of BBIs failure and instead of Raila and team dissasociating with Uhuru foe being tricked .They are still tagging with more tricks being played. A big difference with Ruto who charted his own path after realising Uhuru wanted to eat alone and the games he was playing could affect his 2022 chances. But again Raila Kalonzo and Mudavadi receive allowances feom exchequer and Uhuru has a big say in the money they receive just like pre 2018 can decide kuwafinys kidogo .
All said and done these politicians are from Mois school of politics they were all in KANU at the same time pre 2002 and used to sit in his offical and non official cabinet meetings at the same time. They are one and the same people. They are just playing politics.
-
I knew Kibaki from 90s - never did fancy constitution has been anything important - for him the economy was everything. 2007 might have been turning point. Maybe he changed.
Kibaki wanted a New Constituion , However the truth as is the case with BBI he wanted a constituion that would cover his and his people interests espcially the People surrounding him. during inougration of parliament in 2008 he specifically mentioned even one man Orengo can make the constituion basically attesting to the fact that he was ready to compromise for the sake of having a new constituion during his tenure.
Kibaki a very accomodating person almost fired Uhuru ,Michuki and Kalonzo for initially opposing the Constituion. Ruto was subsequently downgraded.
If you were clearly following Kibaki he exhibited emotions of joy in the public twice during Inagruation of the 2010 constituion and secondly when he was handing power to his Godchild Uhuru.
-
All set for 9am BBI historic 7 bench judge
/photo/2
-
Taking an off specifically for this.
All set for 9am BBI historic 7 bench judge
/photo/2
-
If they sustain most of high court groundbreaking work; the constitution of Kenya would have been set in stones; and we would have ended this cynical constitution is the problem lame excuse; and really focus on the real problems; I hope they tie all the loser ends, and make it clear that katiba 2010 should never retrogress.
Taking an off specifically for this.
-
With 30 minutes to go - I think COA may rescue Uhuru and kill BBI. That only deal they would entertain.
(https://scontent-mrs2-2.xx.fbcdn.net/v/t1.6435-9/236207417_3090273334535373_885782381761070957_n.jpg?_nc_cat=107&ccb=1-5&_nc_sid=8bfeb9&_nc_ohc=L0c8nsiq7_AAX9rD0f6&tn=G6G7sDIkcvhxQCfX&_nc_ht=scontent-mrs2-2.xx&oh=6928768b4af0ccda775ca39177df6297&oe=61466DFC)
-
I can see top notch lawayers arriving. Watching feom CitizenRv Waigurus wife the way he is talking seems he is am advosr to Raila and Uhuru.
-
-
Everyone all seated - the 7 judges yet to emerge. African time.
-
Justice Musinga introduce the bench.
-
Delivery of judgement - long time - each judge has written their own.
-
Different Judgemesnts and shall read differently. Hapo tight
-
It will take the whole day. I am not sure if this majority ruling or 7-0 nil but different judges.
-
Hii Ni Marathon
-
I guess we will have matrix of sort - where someone agree on 10 out 18 or 18 out 18.
Different Judgemesnts and shall read differently. Hapo tight
-
Seems it will be per Declaration.
I guess we will have matrix of sort - where someone agree on 10 out 18 or 18 out 18.
Different Judgemesnts and shall read differently. Hapo tight
-
Musing starts.
-
Presidents COA Delivery........
-
Look like COA have cut the BS about Junet and Waweru - and have gone for factual facts.
-
Okay still on procedural issues.
-
COA Presidwnt is on declarations by High Court. Shortly he will be delivering his Judgement.
-
I hope they put old woman Omollo hates last - Nambuye - she is very slow.
COA Presidwnt is on declarations by High Court. Shortly he will be delivering his Judgement.
-
The order restated - now IEBC 12 grounds.
-
More regurgiation
-
Prwsidwnts COA Judgement later.....
-
Invalid Tweet ID
-
-
-
Yeah still on background issue
-
Now we are on the issue - Justice Tuiyot
Basic structure.
-
IEBC Quorom - prouncement in rem? lots of greek or latin.
Seem Tuiyot will kick IEBC balls again
Consistency is important.
Revisit is also important - not stunt growth of jurisprudence.
Balance is needed.
Was high court correct to deviate from Isaac Biwott case?
Align with view - constituent power - failure to do so - means it exist.
Look like Tuiyot will uphold
Quorom - IEBC must be seen against full composition of the 7.
Conclusion: Sustain the quorom at 5 or 4. At least half.
Following slightly different route.
IEBC was dead...wrong...and BBI is dead.
-
Hon Justice Sichale - will read her part.
After a health break
-
Tuiyot - Constituent power is important.
Basic structure - amendment - amendments is foreign
Black law - formal minor revision.
An amendment to transfer judicial authority from the judiciary and independent tribunals to the executive is to unmake the constitution..."
Look like Tuiyot has upheld high court decision.
We have 1-0 for Kenya - Nil for BBI
-
https://www.the-star.co.ke/news/2021-08-20-why-big-guns-now-considering-bbi-after-polls/
Worst Ruto nightmare. BBI positions will be attractive to the big guns: Wetangula, MaDVD, Kalonzo, Peter Kenneth, Gideon, Kingi... Even Ruto is welcome.
-
Which constitution allowed DPORK to be fired while in office and Matiangi to be appointed Prime Minister.
You do not need constitution to share power.
YOU NEED GOODWILL
https://www.the-star.co.ke/news/2021-08-20-why-big-guns-now-considering-bbi-after-polls/
Worst Ruto nightmare. BBI positions will be attractive to the big guns: Wetangula, MaDVD, Kalonzo, Peter Kenneth, Gideon, Kingi... Even Ruto is welcome.
-
Sichale - I just go into her arguments - says old constitution was abused.
High court judges erred is in finding - that bar is finding is implicit
Look like Sichale will dismiss basic structure
Maybe not
She say Njoya rulling was our Cassandra moment.
They ensured it will be hyper amendments.
Look like she will actually come hard on BBI.
Constitution has the Basic Structure.
They have been 21 attempts to amend constitution.
-
Sichale - look like she will dismiss basic structure. I cannot follow her train of thoughts.
-
Sichale - I just go into her arguments - says old constitution was abused.
High court judges erred is in finding - that bar is finding is implicit
Look like Sichale will dismiss basic structure
Maybe not
She say Njoya rulling was our Cassandra moment.
They ensured it will be hyper amendments.
Look like she will actually come hard on BBI.
Constitution has the Basic Structure.
They have been 21 attempts to amend constitution.
She is tearing high court apart.
How do you determine whether a clause is amendable before attempting amendments?
Do you go to court to get a go ahead,or do you try and see if anyone will object?
-
She is too verbose; I cannot tell if she is for or against; Look like she is Pro-BBI.
She is tearing high court apart.
How do you determine whether a clause is amendable before attempting amendments?
Do you go to court to get a go ahead,or do you try and see if anyone will object?
-
Justice Sichale,
Judiciary should not decide - what is amendable or not amendable.
Look like she will go to referendum
High court erred on basic structure but subject to the majority
-
Justice Sichale,
Executive drove the BBI.
Junet and Waweru were proxies.
Route of popular initiative - not a Wanjiku driven process.
Uhuru cannot initiate changes to constitution - agreed with high court.
Legality of BBI steering committee.
-
Hannah Okwengu and Sichale - agree that BBI steering is not illegal.
-
Sichale on IEBC quorum
IEBC is constitutional compliant and can continue to operate!
She say IEBC were okay - can carry it's mandate.
Signature verification - not policy
-
Sichale on IEBC
- IEBC did the required
Huyu amelipwa
-
Sichale - const can be reduced or increased.
Thanks goodness we had 7 judges. She is terrible.
-
Sichale on IEBC - IEBC act - election act
Referendum conduct
There is legislation for governing signature
-
Sichale - She is going for 20-nil. Look like BBI crew wrote the judgement for her.
Sichale agrees with Lead - Musinga - Article 43 - cross-appeal - morara dismissing
-
Gatembu Kairu turn.
4 issues
Basic structure and key issues.
Steering committee
IEBC
Presidency
Amicus
Constitutional avoidance.
-
Gatembu in Basic Structure
All arguments are powerful and persuasive.
The high court was right on the methodology.
The basic structure is already part of Kenya jurisprudence
-
Gatembu restores respect to COA - that idiot Sichale should not sit here.
Gatembu constitution should be permanent almost.
High court - right - but slightly erred.
Amendment versus abolition -
-
Gatembu - differs on case by case analysis on basic structure clauses.
Persuaded - Identified - framers article 256
If such amendment - article 257
Say it basic structure cannot be ammended completely
-
Gatembu - Applicable - bars dismemberment - agrees with the high court. No eternity claues.
-
Gatembu - Popular initiative - preserve for citizens. Sichale seem to also agree here. Executive cannot use popular initiatives.
-
Gatembu - Proxies - executive - waweru - promoters in a continumm.
I think where are 2-1 Kenya 2 - BBI 1
-
Gatembu - Legal requirement for public participation not met. Agrees with the high court.
-
Gatembu - on IEBC - 2 weeks - and over weekends. Pure violation. Sichale Fatuma should not be allowed to sit in any court.
-
Patrick Kiage - Normally brilliant judge
Basic doctrine
Popular initiative
IEBC
Format
Const
Comment or two
Long one
-
https://www.standardmedia.co.ke/national/article/2001421313/bbi-appeal-judges-decisions-so-far
FATUMA SICHALE
Civil proceedings were initiated against President without giving him right to be heard.IEBC was properly constituted during BBI signatures verification.IEBC had the right legal framework to oversee a Referendum.President cannot initiate Constitutional change through popular initiative.IEBC has no role in increasing or decreasing number of constituencies. It wasn’t unconstitutional for BBI to propose increase in number of constituencies without involving IEBC.
FRANCIS TUIYOTT
IEBC was improperly constituted during BBI signatures verification.
GATEMBU KAIRU
President cannot initiate Constitutional change through popular initiative. President does not fall under category of ‘general public’.Doctrine of basic structure: amendable, but within the law.All Constitutional provisions are amendable, without changing the Constitution in its entirety.Verification of signatures was not properly conducted by IEBC. There was no sufficient notice period given to public to verify list of signatures, names.The IEBC had some elements of statutory framework to conduct a Referendum.Absence of legal framework does not mean that IEBC should be stopped from conducting its legal duties.IEBC was not properly constituted when verifying signatures and conducting its mandate in regard to BBI. IEBC Act places quorum at five.Was the President served with a petition in which he was named as respondent, and was he given a notice of hearing? No. The Attorney-General could not represent the President, and therefore, the President should have been personally served.President can be sued in his personal capacity during his tenure.
-
-
Kiage still going on. Very articulate. This Gusii man
-
Kiage goes into history and pay tributes for democratic and political struggle
-
Kabando x2 did not advocate for this during 2007, 2013 and 2017. Let us see if it will come back to bite his ass.
-
Kiage - human rights advancement - key job of justice. The Fatuma Sichale should not be in that court.
-
Kiage - reading riot act to Uhuru and Raila. High court right on money.
-
Former Catholic University Lecturer. I wonder why the graduates are rates lowly in the world of Advocacy.
-
What nonsense. That dude is a scary left wing radical.
Former Catholic University Lecturer. I wonder why the graduates are rates lowly in the world of Advocacy.
-
Kiage ver impressive , saying what weve been saying about BBI. BBI was rushed through County assmblies, Was not a popular initiative.
-
This kind of judge we need in kenya. Sio Fatuma. We need patriotic people. And we will build a kenya better than Uganda or TZ - a modern country.
-
The usually slow SRC treated the issue of MCAs car grant incentive to pass BBI as a national emergency - Justice Patrick Kiage
-
So, the defination of "patriotic people" are people you agree with.
This kind of judge we need in kenya. Sio Fatuma. We need patriotic people. And we will build a kenya better than Uganda or TZ - a modern country.
-
aaccording to Railas plans was that by now the referendumn would be over and he would be building his Coalition. Uhuru took him to the dryers.
This thing will go to the Supreme Court snd will be decided in December.
-
I am Kalenjin but I do not want to go to Moi era. It was a nightmare for everyone - it started small small and before you know it has cascaded to your ass chief in your village - becoming a small Moi.
Under Ruto gov I also do not want Ruto to become Moi. I want kenya that is as modern as USA as far as protection of personal freedoms and institutions.
Even if Ruto supported BBI - I would oppose it.
So, the defination of "patriotic people" are people you agree with.
-
Supreme court tena :) - kwani they do not give up. Raila has washed his hands.
Uhuru is either incompetent or this was incompetence by design.
Something designed to fail - because the inclusion of Judiciary Ombudsman is almost a ruse for Judiciary to reject it - for selfish reason.
aaccording to Railas plans was that by now the referendumn would be over and he would be building his Coalition. Uhuru took him to the dryers.
This thing will go to the Supreme Court snd will be decided in December.
-
Justice Kiage has been very thorough but almost pompous and verbose as well. At some point he appeared to be arguing for the advocates mostly against the appeal. Taken too long. Generally a good ruling.
-
Uhuru is incompitent but not stupid. Uhurus priority was loot and rule in peace . Railas mistake was refusing to go with BBI thinking he would force powerful PM and Regional governments into BBI. Uhuru started buying time. Same thing when BBI was halted by High Court Coalition talks started between Jubilee and ODM. This week he is bringing together NASA.
Hoe he makes Raila , Kalonzo and Mudavadi believe him is beyond imagination.
Supreme court tena :) - kwani they do not give up. Raila has washed his hands.
Uhuru is either incompetent or this was incompetence by design.
Something designed to fail - because the inclusion of Judiciary Ombudsman is almost a ruse for Judiciary to reject it - for selfish reason.
aaccording to Railas plans was that by now the referendumn would be over and he would be building his Coalition. Uhuru took him to the dryers.
This thing will go to the Supreme Court snd will be decided in December.
-
aaccording to Railas plans was that by now the referendumn would be over and he would be building his Coalition. Uhuru took him to the dryers.
This thing will go to the Supreme Court snd will be decided in December.
Surprisingly, the BBI verdict may serve to unite the coalition better than if it passed. Would have been a distraction. Now it become a promise after election which is very attractive to the handshake brothers. Their opponents on the other hand are stuck with their broken record and cannot now change plans and adopt the same.
-
The lady justice Hannah? Hope she wont let women and kenya down
-
Basic structure iko. The lady justice. Primary and Secondary constituency power.
-
Another Robina, I can tell you for free Mudavadi will go Rutos way.. BBI was the only weapom for Raila to stand chamce in 2022 elecrion.
First his intention was for a contest before 2022 contest , secondly he thought theough BBI it could pit Ruto against Mt Kenya and thirdly it would disrupt the kabila mbili domination. .
As long as curremt constituion is in place beating a tag team of Mt Kenya and Rift Valley is next to impossible unless you do mass evictions or genocide.
aaccording to Railas plans was that by now the referendumn would be over and he would be building his Coalition. Uhuru took him to the dryers.
This thing will go to the Supreme Court snd will be decided in December.
Surprisingly, the BBI verdict may serve to unite the coalition better than if it passed. Would have been a distraction. Now it become a promise after election which is very attractive to the handshake brothers. Their opponents on the other hand are stuck with their broken record and cannot now change plans and adopt the same.
-
-
Look like we are 4-1; Two more judges to go. The lady Nambuye and Musinga.
-
In football it would be gameover.
BBI is history. :D
Look like we are 4-1; Two more judges to go. The lady Nambuye and Musinga.
-
Fatuma sichale should as well go home. This lady is tearing apart BBI. Popular initiative only for citizen and for good reason - so you do not bribe MCAS with gov money
-
I feel Nambuye may pull a rabbit; where is Omollo; she doesn't like her.
In football it would be gameover.
BBI is history. :D
-
Hannah seem to have helped Uhuru on financial liability
-
Moi era fossil lady justice Nambuye on.
Basic structures do not exist.
-
The fossil - say basic structure doesnt exist - but still find BBI violated the constitution by attempting to change BBI.
She is confused
But we still doing 5-1
-
Musinga to finish. He is very brilliant and very pious - cant be bribed.
-
Musinga smooth no drama delivery
-
Musinga cuts like a hot knife on butter - no drama - just clean cut
-
Uhuru if he escape financial responsibility should count himself.
-
Musinga - suggest to use KIMS for verification - modern technology can help
-
“Noble friends, let’s kill him boldly but not with anger. Let’s carve him up like a dish fit for the gods, not hew him up like a carcass fit for hounds… If we appear calm to the people, they’ll call us surgeons rather than murderers.”
-
basic structure applicable in Kenya
basic structure limits the amendement power
-
Basically reaffitmimg High vourts decision on 4 so far
-
Final orders
1) Uphold the judgement to extent
2) Basic structure applies - only Sichale dissent
3) Basic structure limits amendment - Sichale.Okwengu dissent
4) Basic structure through constituent power - long process - Okwengu. Sichale. dissent
5) Civil proceedings against PORK - Tuiyot dissent
6) PORK has no changes to initiate constitution amendment
7) Steering committee on BBI - has no legal capacity on constitutional changes.
7) BBI bill to amend katiba illegal null and void
8) BBI bill - no continuous voter registation. Sichale dissent
9) IEBC has no requisite forum for referendum. Sichale dissent
10)
-
More orders
10) No legal framework to govern refernda - Sichale dissent
11) County assembly and parliament - cannot change amendment bill - thro popular.
12) 2nd schedule for gerrymandering 70 const - illegal, null and void.Sichale dissent
13) Administrative verification of IEBC - illegal, null, and void. Sichale dissent
14) Permenant injunction to kill BBI by IEBC
-
As predicted
1) Uhuru has been saved
2) Raila has been hanged
1) Uhuru not guilty
2) Distinguish referendum questions into multiple issues. Nambuye.Kiage. JJ dissent
-
3) BBI steering committee - null, unconstitutional, and unlawful
4) Cross appeal fails
All parties bear their own costs
-
Ruto rubs it
-
Victory parade. The High Court judgment was sweeter because of how County assemblies senate and Parliamnet had passed it haraka haraka.....
Ruto rubs it
-
Lakini they let Uhunye on the flimsiest technicality; he was not served
How do you serve a sitting President?
I can’t recall which lawyers tried in vain to serve Moi
Here’s where common sense trumped legal arguments. A negro President with constant court appearance won’t get nothing done. Suing him in his private capacity is sexy theory but not entertained
-
He is not technically out of the hook because he can be sued later when out of office but kenyans are not vindictive.
-
Celebration in my hometown of Litein
https://www.facebook.com/isaac.mutai.733/videos/877690039818906
-
CoA roll of honor.
1) Musinga - like Maraga or CBK gov Njoroge his integrity is without question - fearless pious Christian - and - to top it - he is more intelligent than Maraga
2) Kiage - like Prof Ngugi and Majanja - proud alumni of Alliance high - and has held the school high - pure intelligence, diction and court presence.
3) Gatembu and Tuiyot - No drama - but their heart is on the right place.
4) Lightweight ladies - Hannah and old Nambuye - clearly this was beyond their depth - but they tried.
And the shameful Fatuma Sichale - completely destroyed herself. DeepState must really have lots her dirty secrets. Maybe sex scandal.