High Court blocks Maraga advisory

[Nefertiti]

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https://nation.africa/kenya/news/high-court-halts-maraga-advisory-dissolve-parliament-2371486

[RV Pundit]

Those are just ex-parte applications.

Once Justice Korir is made aware that the issues have been canvassed all the way to supreme court...he has no option

http://kenyalaw.org/caselaw/cases/view/133439/

[RV Pundit]

However, the above prayer needs to be examined within the provisions of Article 261( & (9) which provides as follows:-

( If Parliament has been dissolved under clause (7), the new Parliament shall enact the required legislation within the periods specified in the Fifth Schedule beginning with the date of commencement of the term of the new Parliament.

(9) If the new Parliament fails to enact legislation in accordance with clause (, the provisions of clauses (1) to ( shall apply afresh.

The above provisions are clear as to what would follow if the court invokes the provisions of article 261 (7). I must add that the constitution does not anticipate a situation whereby article 261 (7) is invoked and there is failure to comply. This will be not only unconstitutional, but a recipe for chaos

[Nefertiti]

  Well as you can see CJ is not the SCORK and his advisory can be quashed by mere judge. Korir has refered the matter to 3-judge bench. This is a separate case from the gender bill itself  - it about parliament tenure, separation of powers, etc. It will go all the way to SCORK before Maraga advisory even need to be considered by PORK. Circa 2022. Maraga himself will have retired by the time it is settled.

[RV Pundit]

He is asking Maraga to appoint a 3 bench judge. If I was Maraga - I would not. Who will be the respondent? Judiciary? CJ? JSC?

Well as you can see CJ is not the SCORK and his advisory can be quashed by mere judge. Korir has refered the matter to 3-judge bench. This is a separate case from the gender bill itself  - it about parliament tenure, separation of powers, etc. It will go all the way to SCORK before Maraga advisory even need to be considered by PORK. Circa 2022. Maraga himself will have retired by the time it is settled.

[Nefertiti]

Respondent is CJ and AG; the speakers are interested parties. Take your own advice and read Law 101.

He is asking Maraga to appoint a 3 bench judge. If I was Maraga - I would not. Who will be the respondent? Judiciary? CJ? JSC?

Well as you can see CJ is not the SCORK and his advisory can be quashed by mere judge. Korir has refered the matter to 3-judge bench. This is a separate case from the gender bill itself  - it about parliament tenure, separation of powers, etc. It will go all the way to SCORK before Maraga advisory even need to be considered by PORK. Circa 2022. Maraga himself will have retired by the time it is settled.

[gout]

Maraga will just appoint some 3 judges whom Uhuru is sitting on their promotion. 

[RV Pundit]

Let me quote this India CJ who refused to hear such a case..

This practice (of making the Chief Justice party to the litigation) is not be encouraged,” said Chief Jutsice Mohit Shah. It’s like you are challenging my recommendation. We can’t hear it.

Respondent is CJ and AG; the speakers are interested parties. Take your own advice and read Law 101.

[Nefertiti]

And where does that leave the advisory- which is already suspended? It will remain suspended until the case is heard in full.

Let me quote this India CJ who refused to hear such a case..

This practice (of making the Chief Justice party to the litigation) is not be encouraged,” said Chief Jutsice Mohit Shah. It’s like you are challenging my recommendation. We can’t hear it.

Respondent is CJ and AG; the speakers are interested parties. Take your own advice and read Law 101.

[RV Pundit]

Temporary orders will lapse...or Judge will withdraw them. We are going into constitutional crisis.

And where does that leave the advisory- which is already suspended? It will remain suspended until the case is heard in full.

[GeeMail]

Temporary orders will lapse...or Judge will withdraw them. We are going into constitutional crisis.

And where does that leave the advisory- which is already suspended? It will remain suspended until the case is heard in full.

What does it come to if Parliament is dissolved and MPs insist they must serve five years as stated in the Constitution? The current talk is that new MPs will only serve up to 2022 then new elections. Too costly.

[veritas]

Who are these lawyers representing?

[Nefertiti]

Nope. The orders will remain until a 3 judge bench rules on it. Then CoA. Then SCORK. Then Uhuru will have his say. 2/3 did not fail for 10 years by accident- even Wanjiku herself is least bothered otherwise parties would take it seriously. Havi will find himself alone with FIDA carrying placards. The lawyers are divided down the middle so curious who the boy is speaking for.

Anyway MPs are saying they won't pass it for the upteenth time - Sen Malala and Lurambi MP Tito Mukhwana said this in Maraga's face in Kakamega - so BBI referendum is the best solution. Election is a guaranteed crisis.

Temporary orders will lapse...or Judge will withdraw them. We are going into constitutional crisis.

And where does that leave the advisory- which is already suspended? It will remain suspended until the case is heard in full.