Author Topic: NMS Suffers Double Blow  (Read 1313 times)

Offline Omollo

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NMS Suffers Double Blow
« on: June 11, 2021, 02:25:07 PM »
Yesterday it is one of the items on Exec Order number one that lost legal status

Today the high court has declared it unconstitutional.

Anything constitutional Uhuru Kenyatta has done?
... [the ICC case] will be tried in Europe, where due procedure and expertise prevail.; ... Second-guessing Ocampo and fantasizing ..has obviously become a national pastime.- NattyDread

Offline GeeMail

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Re: NMS Suffers Double Blow
« Reply #1 on: June 11, 2021, 03:45:18 PM »
https://nation.africa/kenya/counties/mombasa/moi-beach-plot-was-acquired-illegally-court-rules-3433404

Courts waking up! Buyer can sue Moi estate for recovery, which they won't.
Celebratory violence: 2017 crime invented to justify killings to prevent Raila from becoming PORK. http://www.nipate.com/download/file.php?id=4244

Offline RV Pundit

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Re: NMS Suffers Double Blow
« Reply #2 on: June 11, 2021, 04:35:30 PM »
if COK2010 is implemented - no need for more ndungu sijui who reports - very good move - Mois and Kenyattas will lose their grabbed land eventually - because somebody unafraid of them - will finally rule against them - everyone know they stole.
https://nation.africa/kenya/counties/mombasa/moi-beach-plot-was-acquired-illegally-court-rules-3433404

Courts waking up! Buyer can sue Moi estate for recovery, which they won't.

Offline GeeMail

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Re: NMS Suffers Double Blow
« Reply #3 on: June 11, 2021, 04:50:09 PM »
if COK2010 is implemented - no need for more ndungu sijui who reports - very good move - Mois and Kenyattas will lose their grabbed land eventually - because somebody unafraid of them - will finally rule against them - everyone know they stole.
https://nation.africa/kenya/counties/mombasa/moi-beach-plot-was-acquired-illegally-court-rules-3433404

Courts waking up! Buyer can sue Moi estate for recovery, which they won't.

In good time, Weston Hotel too will return to public ownership.
Celebratory violence: 2017 crime invented to justify killings to prevent Raila from becoming PORK. http://www.nipate.com/download/file.php?id=4244

Offline KenyanPlato

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Re: NMS Suffers Double Blow
« Reply #4 on: June 11, 2021, 05:09:34 PM »
Uhuru is going to ignore this power grab by a hostile judiciary

Offline RV Pundit

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Re: NMS Suffers Double Blow
« Reply #5 on: June 11, 2021, 05:13:47 PM »
Of course, but Ruto won't lose, it will be KCB bank, w
In good time, Weston Hotel too will return to public ownership.

Offline GeeMail

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Re: NMS Suffers Double Blow
« Reply #6 on: June 11, 2021, 05:22:00 PM »
Lesson learnt. K*** Chukua Bure.
Celebratory violence: 2017 crime invented to justify killings to prevent Raila from becoming PORK. http://www.nipate.com/download/file.php?id=4244

Offline Omollo

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Re: NMS Suffers Double Blow
« Reply #7 on: June 11, 2021, 05:42:47 PM »
I've tried to explain the futility of "ignoring" court orders. I've dropped in a line about perpetrating illegalities. Doesn't work

The protection of any wealth derived from two things:

1. Protection granted under the law
2. Physical brute force.

Let's quickly look at illustrations:

If Pundit discovers a lot of gold bars hidden by the nazis. The law may say finders keepers. He can legally expropriate his gold. He will do it openly and all will envy him. Same has happened to people who've discovered stashes of Roman coins etc

2. But Then Plato may get into some business exporting weed to the US. May add cocaine etc. And make a mountain of cash. The DEA knows where he hides his loot but its deep in the Boni forest where if Alshabaab doesn't get you or a militia funded by Plato the snakes will. Quite inhospitable. The forces are no joke, they can defeat police army and whatever mercenary force sent against them. Plato enjoys his money slowly laundering it. His money lacks legal protection but it enjoys brute physical protection.

Which lasts longer? Eventually brute force ends either by treaty or defeat or entry of a superior force. All that wealth is stolen (yes stolen) by the government. (From the anarchist point of view wealth is wealth regardless of how earned and any denial or deprivation of ownership from the rightful owner is seen as theft). Story for another day

Now back to legal protection: that never expires as long as the power conferring it is itself lawful and legitimate. Legitimacy is derived from the consensus of the majority of the citizens.

So what about Bashir? He stole power set up an illegal government. Any protection he offered was tainted with illegality and illegitimacy. Noriega and his kangaroo courts whitewashed drug dealers. Democracy was restored and those judgements thrown out for lack of legality.

So Uhuru can claim that the judgments against him are politically motivated and make the blunder of resorting to brute force and ignoring them. That returns to bite. The coj2010 bans coups. It cannot be overthrown. Does it mean it can't? Hell no. Brute force can not only break passwords; it can set aside laws and set up own laws. That's called a coup. Fujimori staged one against himself. He's in trouble for it just like Bashir. A string of them were staged in South Korea: all the despots ended up in jail where they still are.

So there's no shortcut that bestows protection. If Uhuru continues then he better setup a rebel territory with an Uthamaki militia where the state writ will be ineffectual. Short of that he will be held to account

Pundit said a young democracy... no. Every country goes through such a phase of dictators. They usually arise as their privileges are curtailed. Uhuru is leading a counter revolution against cok2010. History says he will be defeated. What he seeks will even destroy him faster if he achieves it. Sole power. The Dictator. Caesar got it. A country can't suffer such a reversal for too long.
... [the ICC case] will be tried in Europe, where due procedure and expertise prevail.; ... Second-guessing Ocampo and fantasizing ..has obviously become a national pastime.- NattyDread

Offline GeeMail

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Re: NMS Suffers Double Blow
« Reply #8 on: June 11, 2021, 05:51:13 PM »
Uhuru has made blunders here and there, and the courts are correcting them. If he really wanted to countermand the CoK2010 he would have done it much earlier like 2017 when he knew he was losing the election. A coup would have been the easy path but he chose Bomas. He even waited after the Maraga nullification when his hitherto friends like Nyoro were telling him crazy things. Post-polls he would have done the same as his term ends but he chooses BBI instead knowing it can be subject to court cases with a good chance of losing. So personally I do not buy the idea that he is leading a revolution against CoK2010. A constitutional coup is such a long and torturous route for somebody who couldn't care less if things went south. I'm not saying you're wrong. Just that I can't see it your way for now.
Celebratory violence: 2017 crime invented to justify killings to prevent Raila from becoming PORK. http://www.nipate.com/download/file.php?id=4244