Judges bailing out from NASA obstructionist cases

[RV Pundit]

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https://citizentv.co.ke/news/judges-opt-out-of-nasa-polls-back-up-case-172052/

[Kichwa]

Of course nobody wants to die a horrible and painful death like Msando.  The message was loud and clear. The voters will come to the rescue of the judges on NANE/ NANE.

https://citizentv.co.ke/news/judges-opt-out-of-nasa-polls-back-up-case-172052/

[Omollo]

Your interpretation of such a simple matter tells volumes about your credibility.

I am sure if you found a Jubilee man raping a woman you would say "devoted man forced to take off his pants to measure the temperature of this woman"

No judge wants to die.

https://citizentv.co.ke/news/judges-opt-out-of-nasa-polls-back-up-case-172052/

[RV Pundit]

No judge want to precipitate a constitutional crisis by entertaining bullshiet 6 days to election. Let kenyans decide. 8.8.2017 ndio itaamua.

[Omollo]

[Omollo]

There is no law that prevents justice being rendered because of spatiotemporal proximity to elections. If you know of any please share.

Judges operate on the principle that: - meaning "Let justice be done though the heavens fall."

They are not cowed by an election date. Indeed Judges have MOVED the election date in Kenya twice before.

The only new development is intimidation.

No judge want to precipitate a constitutional crisis by entertain bullshiet 6 days to election. Let kenyans decide. 8.8.2017 ndio itaamua.

[RV Pundit]

I don't know a lot of latin but surely there must be one that say whoever goes before a judge should go with clean pair of hands. Judges can smell NASA BS miles away. They want nothing to do with this. Maybe take back the case to Justice (pun intended) Odunga.

There is no law that prevents justice being rendered because of spatiotemporal proximity to elections. If you know of any please share.

Judges operate on the principle that: - meaning "Let justice be done though the heavens fall."

They are not cowed by an election date. Indeed Judges have MOVED the election date in Kenya twice before.

The only new development is intimidation.

[vooke]

The ones willing to take them up are the most desperate or NASWA hirelings

[Omollo]

First before you take me on a wild goose chase let us look at the reasons cited:

1. Justice kairu: Related to Jubilee Counsel Paul Muite
2. Justice kariuki - prejudiced having ruled in a similar case by the same parties - Res Judicata: Grounds for appeal!
3. Murgor : Though she has cited personal reasons, there is a clear case of Res Judicata
 
On the frivolity you posted, here is my response:

• I don't know a lot of latin I have translated it for you. In addition you can google and obtain your own translation. It is not a new term that is Omollosque. It was in the Court of Appeal Judgment that you twice claimed to have read upon my inquiry following a repeated display of ignorance of the same.
  
  
• whoever goes before a judge should go with clean pair of hands
  What you are engaged in is simple cheap spin not based on facts.
  
  Cases that come before a judge close to what you describe are routinely dismissed and do not make it to trial. If the fails to act, the parties are free to appeal at any stage of the case. Kenyan procedure is such that appeals and applications can be entertained at any stage of a trial. Much as Mutunga tried to limit the same, the same courts (led by The Supreme Court under the very Mutunga) went ahead to undermine that provision thus opening the floodgate to all manner of applications and appeals - one of which recently freed CS Kamau.
  
• Maybe take back the case to Justice (pun intended) Odunga. He is in his seat by right. Once you show me how many of the cases he has heard and determined have been overturned on appeal I would entertain your tribal inspired shit. There was a one Korir on the bench I believe where is he?
  
  

I don't know a lot of latin but surely there must be one that say whoever goes before a judge should go with clean pair of hands. Judges can smell NASA BS miles away. They want nothing to do with this. Maybe take back the case to Justice (pun intended) Odunga.

[Omollo]

Not really an argument to support anything but some kind of matusi. sad

The ones willing to take them up are the most desperate or NASWA hirelings

[Omollo]

Will respond if Pundit and his side-kick vooke post anything intelligent or substantive. For now the whole idea is to throw cheap matusi in the hope that we shall get "hurt". It reminds me of my time in primary school and that is a long time ago.

[Nefertiti]

I imagine the JSC perspective is that the judiciary must not only be independent but be seen to be independent as well. Tuju's letter was aimed at intimidation and this has been achieved. I don't know that Odunga is biased but if he applied to the Court of Appeal or SCOK he cannot hedge his bets on MPs backing.

[Omollo]

The nature of the salaries and privileges in the Judiciary is such that a High Court Judge pretty much has everything other judges have. The salaries are now ok and equitable.

If the reforms had continued, we could see a high court with seniority and length of service earning even more than a Supreme Court Judge that just joined the bench.

There is another principle that would have solved these problems. Where all persons who are in employment have more or less similar salaries regardless of their roles (for which they may get a little more in allowances).

Thus one can carry his or her previous salary to a new job.

I imagine the JSC perspective is that the judiciary must not only be independent but be seen to be independent as well. Tuju's letter was aimed at intimidation and this has been achieved. I don't know that Odunga is biased but if he applied to the Court of Appeal or SCOK he cannot hedge his bets on MPs backing.

[Nefertiti]

I agree that the proper test of a judge's independence or competence is the number and success of appeals. Not ad hominem. That said perception is a big deal especially in promotions... in tribal Zamunda this is quite amplified. And please clearly ambition goes far above remuneration to power - influence, impact, recognition, pride, self actualization, etc.

The nature of the salaries and privileges in the Judiciary is such that a High Court Judge pretty much has everything other judges have. The salaries are now ok and equitable.

If the reforms had continued, we could see a high court with seniority and length of service earning even more than a Supreme Court Judge that just joined the bench.

There is another principle that would have solved these problems. Where all persons who are in employment have more or less similar salaries regardless of their roles (for which they may get a little more in allowances).

Thus one can carry his or her previous salary to a new job.

[RV Pundit]

Why didn't Odunga not recuse himself the same way this court of appeal judges have because he is related to Orengo? I mean most kenyans without any idea of legal jargon knows how Odunga will rule - anti-goverment. Odunga has zero integrity.  There are judges like Ngugi who despite rulling severally against Jubilee - nobody can raise any issue - because everyone knows her fidelity is to the law and the law alone.

Odunga days in that bench are numbered...he will have to be fired eventually.

[Omollo]

The nature of the relationship determines the action. The alleged "relationship" between Orengo and Odunga is at best convoluted. Would you care to explain it clearly so we know?

1. Is he a brother / step brother
2. Is he a cousin (upto second cousin)
3. Is he a brother in law

I know they are both Luos and may well come from the same county.

BTW how come Githu Muigai and Njee Muturi offer legal opinions affecting Uhuru when they are both related to him. I believe when you finally give details of the alleged relations between Orengo and Odunga, it will be clear that Githu Muigai is CLOSER to Uhuru than Orengo is to Odunga.

All this is to prepare Kenyans for the Njoki Ndung'u "justice" at the Supreme Court.

Why didn't Odunga not recuse himself the same way this court of appeal judges have because he is related to Orengo? I mean most kenyans without any idea of legal jargon knows how Odunga will rule - anti-goverment. Odunga has zero integrity.  There are judges like Ngugi who despite rulling severally against Jubilee - nobody can raise any issue - because everyone knows her fidelity is to the law and the law alone.

Odunga days in that bench are numbered...he will have to be fired eventually.

[Nefertiti]

Githu is one big disappointment don't count on him at all. At least Uhuru is an elected politician. Githu the professional, despite acting as Uhuru's personal lawyer, has no single ethical hair on his head.

As for Njoki - she is just one of seven - I won't place the cross squarely on her.

The nature of the relationship determines the action. The alleged "relationship" between Orengo and Odunga is at best convoluted. Would you care to explain it clearly so we know?

1. Is he a brother / step brother
2. Is he a cousin (upto second cousin)
3. Is he a brother in law

I know they are both Luos and may well come from the same county.

BTW how come Githu Muigai and Njee Muturi offer legal opinions affecting Uhuru when they are both related to him. I believe when you finally give details of the alleged relations between Orengo and Odunga, it will be clear that Githu Muigai is CLOSER to Uhuru than Orengo is to Odunga.

All this is to prepare Kenyans for the Njoki Ndung'u "justice" at the Supreme Court.

[Omollo]

She sits with Uhuru giving "advice" on all matters. Yet she will refuse to recuse herself based on her friendship and closeness with Uhuru.

In 2013, she was the purveyor of bribes to 5 judges.

Githu is one big disappointment don't count on him at all. At least Uhuru is an elected politician. Githu the professional, despite acting as Uhuru's personal lawyer, has no single ethical hair on his head.

As for Njoki - she is just one of seven - I won't place the cross squarely on her.

The nature of the relationship determines the action. The alleged "relationship" between Orengo and Odunga is at best convoluted. Would you care to explain it clearly so we know?

1. Is he a brother / step brother
2. Is he a cousin (upto second cousin)
3. Is he a brother in law

I know they are both Luos and may well come from the same county.

BTW how come Githu Muigai and Njee Muturi offer legal opinions affecting Uhuru when they are both related to him. I believe when you finally give details of the alleged relations between Orengo and Odunga, it will be clear that Githu Muigai is CLOSER to Uhuru than Orengo is to Odunga.

All this is to prepare Kenyans for the Njoki Ndung'u "justice" at the Supreme Court.

[Kichwa]

When it comes to the judiciary you cannot succumb to the self-serving perception of  losers to demand  recusal or removal .  We must insist on  evidence of bias or misconduct. The reason is that if you open the gate of "perception" then the whole system falls apart because every judge can be accused of being biased by the sore loser.

I agree that the proper test of a judge's independence or competence is the number and success of appeals. Not ad hominem. That said perception is a big deal especially in promotions... in tribal Zamunda this is quite amplified. And please clearly ambition goes far above remuneration to power - influence, impact, recognition, pride, self actualization, etc.

The nature of the salaries and privileges in the Judiciary is such that a High Court Judge pretty much has everything other judges have. The salaries are now ok and equitable.

If the reforms had continued, we could see a high court with seniority and length of service earning even more than a Supreme Court Judge that just joined the bench.

There is another principle that would have solved these problems. Where all persons who are in employment have more or less similar salaries regardless of their roles (for which they may get a little more in allowances).

Thus one can carry his or her previous salary to a new job.