Certainly you didnt watch. Very unfortunate for a person who is following the case closely. Confirms your weakness of know it all.
For your benefit will write verbatim the discussion .word to word.
TOM OJIENDA- The challenge that Justice Musinga has is that alot of certificates and applications have been pending in the court of appeal for a while now without a substantive president since Judge Ouko took leave to seek a position in the supreme court . Alot of files and applications have been pending including applications that have recently been filed.His task would be to enpanel judges to hear some of these matters , I think today Raila Odinga filed another application. I must say This .This is A very delicate time, if the court of appeal grants a stay order after the parties meets the three leaves that are requored to grant a stay mandatory extreme urgency public importance , if they meet all those requirements them the referendum process, christened as reggae will continue , if the court declines to grant the stay even IEBC will be incapable of proceeding with ots work including undertaking the referendumn that is in the mouth or lip of every proponent of BBI, so we have those real challenges and I agree with Akisa that this is a delicate time and the judges who will be selected or who will in the panel to hear these cases have a task at hand .Whatever decision they make .
For the Chief Justice gladly she does not empanel the jidges at the court pf appeal this is a matter that would as well end up in the Supreme Court.She would have to preside over .Im sure either way or whatever way it goes in the court of appeal this is litigation that will end up in Supreme Court. And Im sure the Supreme Court is waiting to settle this political question at a very crucial political moment because remember this impacts future of this country whichever way this goes will impact on how the election is conducted and the outcome of that election .It impacts on the political class and on the people of Kenya ultimately.
KIBE MUINGAI: At the stage in Court Of Appeal , If the stay is granted for example looking at it from a position of law it would be Controversial kind of stay , remembering that the main order that was given by the high court is actually a negative order , a Permanent Injuction against IEBC from conducting the referendumn and ofcourse another order of declaration saying that the BBI process is Null and Void and therefore these categories of orders ordinarily are dealt with by either SETTING ASIDE or AFFIRMING them. Now the choice of a stay or application of a stay isgoing to be that if it is granted from a purely technical point of view it is going to be somehow controversial and more importantly without hearing the appeal BBI or Reggae as Proffessor Ojienda says were to continue based on such an order of stay , then for all practical purposes the application for stay would have resolved the appeal itself .Therefore this is why Im saying these BIG decisions if they are made on account of stay application then its going the way of those people talking about Judicialization of Politics and Politicization of Judiciary .Those arguments will even be more live because you cannot win either way.
Personally I was of the view that these kind of situation if a strategy had been taken like lets hear this appeal lets have a Judgement substantively deciding whether the 5 judges were right or wrong . So that we do not start on a note that is highly politicized particularly for the new Chief Justice .But then again this is for the eminent lawyers who have been appointed by the various parties to argue it.
I listened to the video and nothing support your ignorant restraining order bullcrap.Stay order on all the 2O orders is almost impossible..leave alone just order being stayed because they cannot even justify how urgent this is and who will pick the taps..besides don't expect exparte stay orders..this will go to proper hearing of all the sides..gov versus 30 lawyers from 8 petitions.Its hopeless for kuhara.End of day no judge like BBI because they never consulted judiciary before their nonsense about ombudsman and JSC...dead as dodo.Only a fool like Raila thinks it has any remote chance.
