Nipate

Forum => Kenya Discussion => Topic started by: Kadudu on August 08, 2022, 04:37:23 PM

Title: Supreme Court - CDF is illegal
Post by: Kadudu on August 08, 2022, 04:37:23 PM
Best news since the nullification of the 2017 presidential election.

Now I hope in the next parliament the MPs will be restricted to their constituitional role of legislature and checking on the national government. The issue of development should be left solely to the national and county goverments.

https://www.standardmedia.co.ke/national/article/2001452734/supreme-court-finds-cdf-illegal
Title: Re: Supreme Court - CDF is illegal
Post by: gout on August 09, 2022, 09:07:09 AM
Feather weight legal practitioners in the supreme court. Weakest link in the judiciary.

Unless pushed out, we have a serious problem.
Title: Re: Supreme Court - CDF is illegal
Post by: Kadudu on August 09, 2022, 10:37:26 AM
Learned fellow, can you expound on your remarks?

Feather weight legal practitioners in the supreme court. Weakest link in the judiciary.

Unless pushed out, we have a serious problem.
Title: Re: Supreme Court - CDF is illegal
Post by: Nowayhaha on August 09, 2022, 10:50:52 AM

Certainly there will a constituional moment in the coming few years
Supreme court will be done away with.
Feather weight legal practitioners in the supreme court. Weakest link in the judiciary.

Unless pushed out, we have a serious problem.
Title: Re: Supreme Court - CDF is illegal
Post by: RV Pundit on August 09, 2022, 10:56:24 AM
Mps will create a new fund
Title: Re: Supreme Court - CDF is illegal
Post by: Kadudu on August 09, 2022, 11:14:13 AM
They too are not above the constituition. It all boils down to one sentence. "the CDF Act 2013 violates the principle of separation of powers". Legislators cannot play part of the executive that they are supposed to keep in check.

Mps will create a new fund
Title: Re: Supreme Court - CDF is illegal
Post by: Kadudu on August 09, 2022, 11:15:38 AM
The High Court and Court of Appeal were of the same view. Will you also do away with them?


Certainly there will a constituional moment in the coming few years
Supreme court will be done away with.
Title: Re: Supreme Court - CDF is illegal
Post by: Nowayhaha on August 09, 2022, 11:22:59 AM
Im not talking of CDF case alone.

The High Court and Court of Appeal were of the same view. Will you also do away with them?


Certainly there will a constituional moment in the coming few years
Supreme court will be done away with.
Title: Re: Supreme Court - CDF is illegal
Post by: Kadudu on August 09, 2022, 12:23:26 PM
Soma vizuri kabla kuandika porojo hapa.

The same case went through the High Court and Court of Appeal. The two courts found CDF to be going against the constituition. This verdict has now been upheld by the Supreme Court.

Quote
“We agree with the reasoning adopted by the High Court to the effect that the CDF Act 2013 violates the principle of separation of powers and that the CDF Act 2013 is unconstitutional. We also agree with the reasoning of the Court of Appeal, but only to the extent that it upholds the position of the High Court,”
Im not talking of CDF case alone.
Title: Re: Supreme Court - CDF is illegal
Post by: RV Pundit on August 09, 2022, 01:07:12 PM
They will find someway around it -
They too are not above the constituition. It all boils down to one sentence. "the CDF Act 2013 violates the principle of separation of powers". Legislators cannot play part of the executive that they are supposed to keep in check.

Mps will create a new fund
Title: Re: Supreme Court - CDF is illegal
Post by: Dear Mami on August 10, 2022, 01:47:08 PM
This is excellent! In the US, they have smaller administrations running small towns headed by mayors. People of the area sit in town-halls and debate/discuss what development they want in their locale: Is it more schools? More parks? ETC. They budget what they have towards that type of development. I've always thought that was what was missing in our governance structure. We need CDF-type development at more and more localized levels, but that needs to be a genuine small govt, not county and national legislatures. Yet another reason for Constitutional Review. :)