Nipate
Forum => Kenya Discussion => Topic started by: RV Pundit on January 14, 2021, 11:07:14 PM
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https://www.the-star.co.ke/news/2021-01-14-maraga-uhuru-should-be-impeached/
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Maraga is mercurial and activist. This qualities while otherwise abhorrent in a CJ - are more than welcome in Kenya as the Judiciary battles to assert itself as an independent arm. Even this brazen political attack on PORK is actually good. I wouldn't be surprised if he joins Karua, Havi, Boni Mwangi, Mutunga and Ndii in #LindaKatiba
The small failures I would say for Maraga was their failure to simply overrule PORK on judicial nominations. They were properly vetted and nominated so his failure to swear them is illegal- and judge can simply declare them as validly appointed judges. Nothing Uhuru can do for that.
The other substantive contribution JSC, judges association and LSK should have given to BBI - is that JSC nominees become automatically official in case PORK fails to swear them without solid formal explanation to JSC. This happens with parliamentary bills so there is good precedent.
Simply making noise is not very effective. Maraga for me A on optics, B- on action. B+ aggregate :)
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Yes the next CJ should deal with GoK disregarding of court orders and the rule of law. Miguna Miguna case and the 44 judges are some of examples where gov have ignored court orders. Where contempt of court do not apply - judiciary should refuse to hear any case - until court orders are obeyed.
Maraga is mercurial and activist. This qualities while otherwise abhorrent in a CJ - are more than welcome in Kenya as the Judiciary battles to assert itself as an independent arm. Even this brazen political attack on PORK is actually good. I wouldn't be surprised if he joins Karua, Havi, Boni Mwangi, Mutunga and Ndii in #LindaKatiba
The small failures I would say for Maraga was their failure to simply overrule PORK on judicial nominations. They were properly vetted and nominated so his failure to swear them is illegal- and judge can simply declare them as validly appointed judges. Nothing Uhuru can do for that.
The other substantive contribution JSC, judges association and LSK should have given to BBI - is that JSC nominees become automatically official in case PORK fails to swear them without solid formal explanation to JSC. This happens with parliamentary bills so there is good precedent.
Simply making noise is not very effective. Maraga for me A on optics, B- on action. B+ aggregate :)