Moses Kuria could emerge a strong player

[RV Pundit]

What are you trying to say Mr know nothing.I still don't get what novel thing that two lawyers said.To stay or not to stay all the 20 or individual orders will depend on CoA bench and I don't see how IEBC or Uhuru can be allowed to continue to spend public money in a process that has little chance of success in the appeal court.It would be crazy like kibe say to stay those orders and continue with the case.Therefore I don't see any stay application being successful.Nobody is in hurry except Uhuru razing against time instead of planning his retirement.My prediction stay orders will be rejected except maybe a few and the appeal will be heard for some months..in any case if stay orders are not granted it end of BBI appetite for the two principals..so yes it's the main application..ignore the appeal.But CoA are even smarter than high court and know such games.This will end swiftly when stay application is rejected as it should.Uhuru will be left alone to battle his violation of chapter six with kuhara but for Raila Bbi ends there.And focus shift to catching up with Ruto on 2022.

But your Kuhara can convince the COA to allow more wanton wastage of public money if Uhuru and Raila promise to pick the tabs.  That to me is the bottomline. BBI has already costed the public so much money - and before we know from the auditor - who will handle that - possibly Uhuru - we want to stay the orders and allow more wastage. Uchawi?

[Nowayhaha]

Rv will be candid with you, you lack clarity of mind, just like Robina and you sound the same wouldnt be suprised if you are the same person, you use alot of words to say nothing. Refer to below our argument was about stay orders and their practibality you were of the opinion that stay orders will lead to a referendumn . I opined highly likely wont be granted for the reasons Kibe states in the KTN show. That is a week before. Youve softend and are in support of the same view. Why argue if you have no facts . In matters legal you seem to always be behind . An advice to you get your facts right before laying it bear. Example Njuri writes less but he is always point on . Learn from that.

What are you trying to say Mr know nothing.I still don't get what novel thing that two lawyers said.To stay or not to stay all the 20 or individual orders will depend on CoA bench and I don't see how IEBC or Uhuru can be allowed to continue to spend public money in a process that has little chance of success in the appeal court.It would be crazy like kibe say to stay those orders and continue with the case.Therefore I don't see any stay application being successful.Nobody is in hurry except Uhuru razing against time instead of planning his retirement.My prediction stay orders will be rejected except maybe a few and the appeal will be heard for some months..in any case if stay orders are not granted it end of BBI appetite for the two principals..so yes it's the main application..ignore the appeal.But CoA are even smarter than high court and know such games.This will end swiftly when stay application is rejected as it should.Uhuru will be left alone to battle his violation of chapter six with kuhara but for Raila Bbi ends there.And focus shift to catching up with Ruto on 2022.

But your Kuhara can convince the COA to allow more wanton wastage of public money if Uhuru and Raila promise to pick the tabs.  That to me is the bottomline. BBI has already costed the public so much money - and before we know from the auditor - who will handle that - possibly Uhuru - we want to stay the orders and allow more wastage. Uchawi?

[GeeMail]

Generally that's how it will be. Lots of time wasted in CoA and they will dismiss appeal. BBI will be saved at Supreme Court not CoA. Musinga judges will go through the motions and try to get themselves a name like Prof Ngugi but Supreme Court will check them. That is judicial protocol and checkmating at various levels just like Executive and Parliament checking judiciary. Later if BBI goes through we'll have Ombudsman icing on the cake.

BBI fans are also the public. For some reason, just because they have baptized themselves hustlers, thieves and conmen think they are the only public.

[RV Pundit]

Obtuse! Jesus! There is nothing you can teach me in Law and many subjects because I pack just double your IQ. Accept and move on. I have NOT softened a bit. Please use Nipate search function to see what I said about stay orders - long before they even filled it -

Rv will be candid with you, you lack clarity of mind, just like Robina and you sound the same wouldnt be suprised if you are the same person, you use alot of words to say nothing. Refer to below our argument was about stay orders and their practibality you were of the opinion that stay orders will lead to a referendumn . I opined highly likely wont be granted for the reasons Kibe states in the KTN show. That is a week before. Youve softend and are in support of the same view. Why argue if you have no facts . In matters legal you seem to always be behind . An advice to you get your facts right before laying it bear. Example Njuri writes less but he is always point on . Learn from that.

[RV Pundit]

The beauty is if these BBI proponents are truly for a constitution change they will remain in the trenches that long. But we know they are not. They were only interested in 2022. They will not wait for COA to take their time - leave alone Supreme Court. Maybe Uhuru will appeal his own culpability to avoid paying billions but certainly by time it goes to supreme court sometime next year - the proponents would have lost appetitie for this.

The only genuine people pursuing constitution change are Punguza Mzingo - they lost - but they are back - I remember signing their petition again .

Generally that's how it will be. Lots of time wasted in CoA and they will dismiss appeal. BBI will be saved at Supreme Court not CoA. Musinga judges will go through the motions and try to get themselves a name like Prof Ngugi but Supreme Court will check them. That is judicial protocol and checkmating at various levels just like Executive and Parliament checking judiciary. Later if BBI goes through we'll have Ombudsman icing on the cake.

BBI fans are also the public. For some reason, just because they have baptized themselves hustlers, thieves and conmen think they are the only public.

[RV Pundit]

Nowayaha wa Kuhara - of the restraining order infamity

https://nipate.net/index.php?topic=10019.msg90505#msg90505

This is May 14th - did I copy you or Kibe. This was exactly 1 day or so after BBI rulling.

It's down to them getting stay orders or not. If they don't it over - dead as dodo. I think Kuhara want to process Martha Koome quickly and for quid pro quid for a friendly bench. The problem CoA has 13 judges....with most out of Nairobi station. So already a big challenge before it starts...constituting a 7 bench.

Will judiciary at any self-immolate. No.That is why the high court 5 bench was unanimous. Martha Koome I know will not be part of BBI and any such shenagians..it soil her reputation as reformist. It over for Uhuru.

Anyway, they have 14 days to appeal...but definitely CoA is as hostile as high court...because Uhuru has overworked them.

Does Uhuru want to really appeal and get another egg on his face?.I doubt. So this BBI is going to die quietly.

But BABA the COW seem to have swalloed the bait -line, hook and sinker. He should have taken the cue from high court and run.But he going to become part of a hopeless appeal and tie himself further to a dead project- with one year to election :)Big idiot.

Uhuru will therefore appeal to keep Baba and his cows busy

[Nowayhaha]

Comeon RV, on matters law and economic you are D material. Thats a fact , I give you your A on matters politics.. You talk of IQ there is a reason you are not employed. Same reason I told you the likes of Ruto would never keep you close.

Obtuse! Jesus! There is nothing you can teach me in Law and many subjects because I pack just double your IQ. Accept and move on. I have NOT softened a bit. Please use Nipate search function to see what I said about stay orders - long before they even filled it -

Rv will be candid with you, you lack clarity of mind, just like Robina and you sound the same wouldnt be suprised if you are the same person, you use alot of words to say nothing. Refer to below our argument was about stay orders and their practibality you were of the opinion that stay orders will lead to a referendumn . I opined highly likely wont be granted for the reasons Kibe states in the KTN show. That is a week before. Youve softend and are in support of the same view. Why argue if you have no facts . In matters legal you seem to always be behind . An advice to you get your facts right before laying it bear. Example Njuri writes less but he is always point on . Learn from that.

[RV Pundit]

I am self-taught in matters law, economics and politics -etc - and by profession, I am a software engineer - but I certainly have the IQ to understand many things - naturally. On the other hand - you're obtuse. Why do you think I am not employed As for Ruto -and me - I bet many of politicians come online - to read my posts . I don't need to work with Ruto because I already have good job.

Now let go back to stay orders..I talked about them the day after BBI rulling - and you're here showing me a video of Prof Ojienda and Kibe - 14 days almost later.

By then nobody was talking about staying those orders..

It's down to them getting stay orders or not. If they don't it over - dead as dodo. I think Kuhara want to process Martha Koome quickly and for quid pro quid for a friendly bench. The problem CoA has 13 judges....with most out of Nairobi station. So already a big challenge before it starts...constituting a 7 bench.

Will judiciary at any self-immolate. No.That is why the high court 5 bench was unanimous. Martha Koome I know will not be part of BBI and any such shenagians..it soil her reputation as reformist. It over for Uhuru.

Anyway, they have 14 days to appeal...but definitely CoA is as hostile as high court...because Uhuru has overworked them.

Does Uhuru want to really appeal and get another egg on his face?.I doubt. So this BBI is going to die quietly.

But BABA the COW seem to have swalloed the bait -line, hook and sinker. He should have taken the cue from high court and run.But he going to become part of a hopeless appeal and tie himself further to a dead project- with one year to election :)Big idiot.

Uhuru will therefore appeal to keep Baba and his cows busy

Comeon RV, on matters law and economic you are D material. Thats a fact , I give you your A on matters politics.. You talk of IQ there is a reason you are not employed. Same reason I told you the likes of Ruto would never keep you close.

[RV Pundit]

Besides tell me how you can do politics - without understanding law, economics, history and all the many subjects . My late father introduced me to all these subjects at a very early age - outside the usual classwork - and as an 11yr old - I was already interested in many such issues - and I had already known enough from reading history to dismiss Jesus and his religion

[Nowayhaha]

You perform poorly matters law and economics. Even the post you quote you indicate Koome will select the bench , very wrong . You didnt even know the constituion of COA  and how it operates. I had to come in and tell you and thats when you changed the narative.. I also told you Uhuru and Raila will appeal. You opined differently. Even the post you quote says of the same. Matter of fact this will go to the wire . Supreme Court will have to determine and as TO says this is a political question . All said and done from a political angle , Ruto has an upper hand and he knows it.

I am self-taught in matters law, economics and politics -etc - and by profession, I am a software engineer - but I certainly have the IQ to understand many things - naturally. On the other hand - you're obtuse. Why do you think I am not employed As for Ruto -and me - I bet many of politicians come online - to read my posts . I don't need to work with Ruto because I already have good job.

Now let go back to stay orders..I talked about them the day after BBI rulling - and you're here showing me a video of Prof Ojienda and Kibe - 14 days almost later.

By then nobody was talking about staying those orders..

It's down to them getting stay orders or not. If they don't it over - dead as dodo. I think Kuhara want to process Martha Koome quickly and for quid pro quid for a friendly bench. The problem CoA has 13 judges....with most out of Nairobi station. So already a big challenge before it starts...constituting a 7 bench.

Will judiciary at any self-immolate. No.That is why the high court 5 bench was unanimous. Martha Koome I know will not be part of BBI and any such shenagians..it soil her reputation as reformist. It over for Uhuru.

Anyway, they have 14 days to appeal...but definitely CoA is as hostile as high court...because Uhuru has overworked them.

Does Uhuru want to really appeal and get another egg on his face?.I doubt. So this BBI is going to die quietly.

But BABA the COW seem to have swalloed the bait -line, hook and sinker. He should have taken the cue from high court and run.But he going to become part of a hopeless appeal and tie himself further to a dead project- with one year to election :)Big idiot.

Uhuru will therefore appeal to keep Baba and his cows busy

Comeon RV, on matters law and economic you are D material. Thats a fact , I give you your A on matters politics.. You talk of IQ there is a reason you are not employed. Same reason I told you the likes of Ruto would never keep you close.

[Nowayhaha]

Good question , how has Uhuru performed matters
Politics
Economics
Law
Grade him ....

Besides tell me how you can do politics - without understanding law, economics, history and all the many subjects . My late father introduced me to all these subjects at a very early age - outside the usual classwork - and as an 11yr old - I was already interested in many such issues - and I had already known enough from reading history to dismiss Jesus and his religion

[RV Pundit]

Lying requires intelligence. But you're a well-known IDIOT. Yes indeed I was mistaken that COA bench would be selected by CJ. This was mostly due to Robina and the crowd looking for any straws.

But sir - you never- told me about CJ not selecting a bench.

I personally remember from my memory - while typing it  - that I didn't recall any previous CJ doing this - and I went on to google search - and found the COA administrative act - and pasted here.

Again you're lying about the Uhuru-Raila appeal. Just read my conclusion.

Uhuru KNOWS BBI is mortally totally kaput - and has zero chance of success. Just like Uhuru knew when he was breaking the law from ab initio in BBI. Do not think Uhuru doesn't have lawyers to cross all the ts and dot all the Is.

If it didn't happen - it was by design. The time-wasting was also by design - BBI 1.0 - BBI 2.0 - all the way to BBI 4.0.

Now why would Uhuru appeal
1) High court discovered he knew BBI was illegal from ab initio and personally fingered him. They fell short of making him pay but left it for Auditor General to come up with total bill and for anybody to send it to PRIVATE BOX GATUNDU.
2) Raila is an idiot - and despite high court telling him Uhuru is playing you - he accepts more time-wasting appeal - while knowing the chance of success is almost nill.

In short, Uhuru is appealing for two reasons
1) Waste Raila time and buy himself peace in totally kaput BBI
 2) Rescue himself from paying BBI billions.

The only order Uhuru really cares about now is that dangerous one that out him for using public money in political mischief called BBI.

Raila like Nowayah are TOO OBTUSE to read this.

You perform poorly matters law and economics. Even the post you quote you indicate Koome will select the bench , very wrong . You didnt even know the constituion of COA  and how it operates. I had to come in and tell you and thats when you changed the narative.. I also told you Uhuru and Raila will appeal. You opined differently. Even the post you quote says of the same. Matter of fact this will go to the wire . Supreme Court will have to determine and as TO says this is a political question . All said and done from a political angle , Ruto has an upper hand and he knows it.

[RV Pundit]

Uhuru cannot perform. He is a good big picture guy. Has big IQ - well read in economics and history - obviously from Amhrest.

What ails Uhuru is performing - he has no bone or muscle for the grind - so he good chairman of a corporation or ceremonial president - he cannot wield executive authority. So yes without Ruto - Uhuru cannot find his bottoms.

Someone like Ruto is those rare multi-talented folks.

And therefore his performance without Ruto is zero.
1) Economics - Jubilee 2.0 is doing badly - well COVID can be blamed but it was going down.
2) Law - He is at war with judiciary.
3) Politics - He is losing GEMA having long lost the country. If he doesn't reconcile with GEMA - he will end up lonely like Moi.

Finally history will not be kind to him like it wasn't to Moi.

Good question , how has Uhuru performed matters
Politics
Economics
Law
Grade him ....

[Pragmatic]

RVP, you simply do not understand how court works and that the Right of Appeal is a right as enshrined in our constitution. So, stop running yourself all over the place.

All that the judges have to assess is whether you have an arguable point (even just one arguable point) does not have to be 10 or 100, whether it will eventually succeed or not will be a matter of the hearing of the arguments!

My take is that the application is for a stay of the entire/all of High Court ruling. If a stay is to be granted, it will not be selective or piecemeal, it will be omnibus and as per the entire ruling and the CoA Judges will not go nit-picking what to stay and what not to.

So with that, a stay having been granted, the BBI process proceeds as the hearing continues in parallel. This is why it is in everybody's interest that the hearing and finalization of this stage proceeds as fast as possible so that the Supreme Court (as it will surely end there) can also hear and deal with the matter ASAP. As we all know the Supreme Court so far has been rather un-imaginative and quite a disappointment on matters jurisprudence and enlightened pronouncement; in a word, they have been quite lazy and afraid to explore the law and make ground breaking judgements. Most times they have absconded their duty and simply kicked the can down the road with totally uninspiring rulings!

My personal opinion.... the High Court judges did make some very ground breaking jurisprudence. I would say very positive things they said, a lot of which we should embrace for posterity and protection of our progressive constitution and general rule of law. I think though that they let quite a bit of stuff through that require clarity or unambiguity. It is on these things like the IEBC, referendum process and public participation that I would wish the Supreme Court to make pronunciation on and remove any ambiguity.

Finally as you know, the original BBI was a noble idea which a lot of us embraced wholeheartedly but further down the road was infiltrated by personal whims and wishes including the 70 constituencies nonsense... these were some of the mischief which Raila could not obviously on his own stop as he was outgunned by the other collaborators. I would for example have wished for a decrease of counties to 14 as per original Bomas Draft. Other stuff sneaked into the BBI sort of poisoned it further.

What are you trying to say Mr know nothing.I still don't get what novel thing that two lawyers said.To stay or not to stay all the 20 or individual orders will depend on CoA bench and I don't see how IEBC or Uhuru can be allowed to continue to spend public money in a process that has little chance of success in the appeal court.It would be crazy like kibe say to stay those orders and continue with the case.Therefore I don't see any stay application being successful.Nobody is in hurry except Uhuru razing against time instead of planning his retirement.My prediction stay orders will be rejected except maybe a few and the appeal will be heard for some months..in any case if stay orders are not granted it end of BBI appetite for the two principals..so yes it's the main application..ignore the appeal.But CoA are even smarter than high court and know such games.This will end swiftly when stay application is rejected as it should.Uhuru will be left alone to battle his violation of chapter six with kuhara but for Raila Bbi ends there.And focus shift to catching up with Ruto on 2022.

But your Kuhara can convince the COA to allow more wanton wastage of public money if Uhuru and Raila promise to pick the tabs.  That to me is the bottomline. BBI has already costed the public so much money - and before we know from the auditor - who will handle that - possibly Uhuru - we want to stay the orders and allow more wastage. Uchawi?

[RV Pundit]

I stop reading on 3rd para - but let me give you one reason why stay orders will not be granted.

Long before the judgement that gave us the 20 orders this month - the high court had INJUNCTED IEBC as early as last year or this year Feb - and then Uhuru was similarly INJUNCTED on march.

IF YOU COULD NOT SET ASIDE INJUNCTIONS - HOW DO YOU HOPE TO STAY JUDGEMENT ORDERS

The reason is simple - allowing Uhuru to sign BBI into law or IEBC to hold the referendum - will make the appeal almost useless - and will cost the country DEARLY.

So IEBC or Uhuru will not be allowed to proceed with BBI until the matter is heard in 2022. If they were in a hurry - nobody stopped them in 2018 from finishing BBI and have enough time to litigate this to SCORK as was more than EXPECTED it would be controversial.

The rest of the orders can be stayed. I don't think there is a hurry for example to find Uhuru guilty of violating chapter six. It cost nothing to stay such orders...zero prejudice..zero cost..zero urgency. Uhuru will eventually pick the tabs when hostile gov or court send the BBI bill to him.

IF ANYBODY WANTS IEBC ALLOWED TO SPEND PUBLIC MONEY AS APPEAL IS HEARD - PLEASE PUT THE MONEY IN ESCROW ACCOUNT - IF YOU WIN THE APPEAL - YOU WILL BE REFUNDED - IF YOU LOSE - TOO bad.

Otherwise what nonsense argument will allow a sane sober judge to authorize expenditure of another 15-20B by IEBC on a referendum that has already been declared NULL AND VOID!!!!!!!!!

Who will be that irresponsible? I mean we still a have to wait for auditor general to tell us how much money has been wasted so far.

RVP, you simply do not understand how court works and that the Right of Appeal is a right as enshrined in our constitution. So, stop running yourself all over the place.

All that the judges have to assess is whether you have an arguable point (even just one arguable point) does not have to be 10 or 100, whether it will eventually succeed or not will be a matter of the hearing of the arguments!

My take is that the application is for a stay of the entire/all of High Court ruling. If a stay is to be granted, it will not be selective or piecemeal, it will be omnibus and as per the entire ruling and the CoA Judges will not go nit-picking what to stay and what not to.

So with that, a stay having been granted, the BBI process proceeds as the hearing continues in parallel. This is why it is in everybody's interest that the hearing and finalization of this stage proceeds as fast as possible so that the Supreme Court (as it will surely end there) can also hear and deal with the matter ASAP. As we all know the Supreme Court so far has been rather un-imaginative and quite a disappointment on matters jurisprudence and enlightened pronouncement; in a word, they have been quite lazy and afraid to explore the law and make ground breaking judgements. Most times they have absconded their duty and simply kicked the can down the road with totally uninspiring rulings!

My personal opinion.... the High Court judges did make some very ground breaking jurisprudence. I would say very positive things they said, a lot of which we should embrace for posterity and protection of our progressive constitution and general rule of law. I think though that they let quite a bit of stuff through that require clarity or unambiguity. It is on these things like the IEBC, referendum process and public participation that I would wish the Supreme Court to make pronunciation on and remove any ambiguity.

Finally as you know, the original BBI was a noble idea which a lot of us embraced wholeheartedly but further down the road was infiltrated by personal whims and wishes including the 70 constituencies nonsense... these were some of the mischief which Raila could not obviously on his own stop as he was outgunned by the other collaborators. I would for example have wished for a decrease of counties to 14 as per original Bomas Draft. Other stuff sneaked into the BBI sort of poisoned it further.

What are you trying to say Mr know nothing.I still don't get what novel thing that two lawyers said.To stay or not to stay all the 20 or individual orders will depend on CoA bench and I don't see how IEBC or Uhuru can be allowed to continue to spend public money in a process that has little chance of success in the appeal court.It would be crazy like kibe say to stay those orders and continue with the case.Therefore I don't see any stay application being successful.Nobody is in hurry except Uhuru razing against time instead of planning his retirement.My prediction stay orders will be rejected except maybe a few and the appeal will be heard for some months..in any case if stay orders are not granted it end of BBI appetite for the two principals..so yes it's the main application..ignore the appeal.But CoA are even smarter than high court and know such games.This will end swiftly when stay application is rejected as it should.Uhuru will be left alone to battle his violation of chapter six with kuhara but for Raila Bbi ends there.And focus shift to catching up with Ruto on 2022.

But your Kuhara can convince the COA to allow more wanton wastage of public money if Uhuru and Raila promise to pick the tabs.  That to me is the bottomline. BBI has already costed the public so much money - and before we know from the auditor - who will handle that - possibly Uhuru - we want to stay the orders and allow more wastage. Uchawi?

[Pragmatic]

Well it just confirms once again that you are clueless on how the court works! The permanent injunction was for the pendance or period until the case is heard and determined. Now that the case is determined these injunctions are similarly replaced by this ruling. So a stay of this ruling technically means that you can proceed with your everyday life until the appeal is heard and determined. On the other hand, a stay or "leave to appeal" can be is normally granted with sanctions or conditions; including a number of things which Uhuru can or cannot do as you suggest e.g. that he shouldn't sign the Referendum Bill

I stop reading on 3rd para - but let me give you one reason why stay orders will not be granted.

Long before the judgement that gave us the 20 orders this month - the high court had INJUNCTED IEBC as early as last year or this year Feb - and then Uhuru was similarly INJUNCTED on march.

IF YOU COULD NOT SET ASIDE INJUNCTIONS - HOW DO YOU HOPE TO STAY JUDGEMENT ORDERS

The reason is simple - allowing Uhuru to sign BBI into law or IEBC to hold the referendum - will make the appeal almost useless - and will cost the country DEARLY.

So IEBC or Uhuru will not be allowed to proceed with BBI until the matter is heard in 2022. If they were in a hurry - nobody stopped them in 2018 from finishing BBI and have enough time to litigate this to SCORK as was more than EXPECTED it would be controversial.

And this could be one of the sanctions/conditions that will be imposed alongside the grant for stay or "leave to appeal" to run until the appeal is heard and determined.

IF ANYBODY WANTS IEBC ALLOWED TO SPEND PUBLIC MONEY AS APPEAL IS HEARD - PLEASE PUT THE MONEY IN ESCROW ACCOUNT - IF YOU WIN THE APPEAL - YOU WILL BE REFUNDED - IF YOU LOSE - TOO bad.

Otherwise what nonsense argument will allow a sane sober judge to authorize expenditure of another 15-20B by IEBC on a referendum that has already been declared NULL AND VOID!!!!!!!!!

Who will be that irresponsible? I mean we still a have to wait for auditor general to tell us how much money has been wasted so far.

[RV Pundit]

Why are people stupid? And why do stupid people think others are stupid.Jesus of Nazereth.

Key word is PREJUDICE ( I know you've heard of SUBJUDICE)

Now if you go to court today - and seek orders - before the case is heard - you're going to be seeking INJUNCTIONs.

Meaning you're going to convince the court that even without you being heard - you could suffer prejudice - that cannot wait for resolution of the case.

For example if someone wants to kill you - first business is to stop them from killing you. This what Punguza and others did. They got injunction against IEBC and Uhuru.

Now after case is heard and determined - you get a judgment - and orders. That is already very serious. The court has issued serious 20 orders

To stay judgement orders - you need to proof that one you will be prejudiced -in a way that you cannot wait or you'll suffer irreparable damage. For BBI - they need to demonstrate why they cannot wait for say 3-6 months for appeal court to review the lower court judgement!!!!

Why is this urgent? Obviously they will claim 2022? Why must referendum be held btw now and septemeber? If constitutional changes are for posterity why must they be held NOW?

Generally speaking - if you get injunction - it mean court has seen merit in your case and urgency -

As for BBI appeal - yeah the urgency has been "met" enough for COA to alert the president to form a bench - now we await to see the other elements - and why a court of appeal will allow reggae to continue.


Give up already. There is no way BBI will be resuscitated. It totally dead. 5-0. How is that even possible to recover from. At least Uhuru suffered 5-2 - the last time - with Ojwang and lady justice disagreeing.

Well it just confirms once again that you are clueless on how the court works! The permanent injunction was for the pendance or period until the case is heard and determined. Now that the case is determined these injunctions are similarly replaced by this ruling. So a stay of this ruling technically means that you can proceed with your everyday life until the appeal is heard and determined. On the other hand, a stay or "leave to appeal" can be is normally granted with sanctions or conditions; including a number of things which Uhuru can or cannot do as you suggest e.g. that he shouldn't sign the Referendum Bill

I stop reading on 3rd para - but let me give you one reason why stay orders will not be granted.

Long before the judgement that gave us the 20 orders this month - the high court had INJUNCTED IEBC as early as last year or this year Feb - and then Uhuru was similarly INJUNCTED on march.

IF YOU COULD NOT SET ASIDE INJUNCTIONS - HOW DO YOU HOPE TO STAY JUDGEMENT ORDERS

The reason is simple - allowing Uhuru to sign BBI into law or IEBC to hold the referendum - will make the appeal almost useless - and will cost the country DEARLY.

So IEBC or Uhuru will not be allowed to proceed with BBI until the matter is heard in 2022. If they were in a hurry - nobody stopped them in 2018 from finishing BBI and have enough time to litigate this to SCORK as was more than EXPECTED it would be controversial.

And this could be one of the sanctions/conditions that will be imposed alongside the grant for stay or "leave to appeal" to run until the appeal is heard and determined.

IF ANYBODY WANTS IEBC ALLOWED TO SPEND PUBLIC MONEY AS APPEAL IS HEARD - PLEASE PUT THE MONEY IN ESCROW ACCOUNT - IF YOU WIN THE APPEAL - YOU WILL BE REFUNDED - IF YOU LOSE - TOO bad.

Otherwise what nonsense argument will allow a sane sober judge to authorize expenditure of another 15-20B by IEBC on a referendum that has already been declared NULL AND VOID!!!!!!!!!

Who will be that irresponsible? I mean we still a have to wait for auditor general to tell us how much money has been wasted so far.

[Pragmatic]

I down my tools.... you are ungovernable. At this stage, I am not communicating so it is useless/pointless to engage.

Why are people stupid? And why do stupid people think others are stupid.Jesus of Nazereth.

Key word is PREJUDICE ( I know you've heard of SUBJUDICE)

Now if you go to court today - and seek orders - before the case is heard - you're going to be seeking INJUNCTIONs.

Meaning you're going to convince the court that even without you being heard - you could suffer prejudice - that cannot wait for resolution of the case.

For example if someone wants to kill you - first business is to stop them from killing you. This what Punguza and others did. They got injunction against IEBC and Uhuru.

Now after case is heard and determined - you get a judgment - and orders. That is already very serious. The court has issued serious 20 orders

To stay judgement orders - you need to proof that one you will be prejudiced -in a way that you cannot wait or you'll suffer irreparable damage. For BBI - they need to demonstrate why they cannot wait for say 3-6 months for appeal court to review the lower court judgement!!!!

Why is this urgent? Obviously they will claim 2022? Why must referendum be held btw now and septemeber? If constitutional changes are for posterity why must they be held NOW?

Generally speaking - if you get injunction - it mean court has seen merit in your case and urgency -

As for BBI appeal - yeah the urgency has been "met" enough for COA to alert the president to form a bench - now we await to see the other elements - and why a court of appeal will allow reggae to continue.


Give up already. There is no way BBI will be resuscitated. It totally dead. 5-0. How is that even possible to recover from. At least Uhuru suffered 5-2 - the last time - with Ojwang and lady justice disagreeing.

Well it just confirms once again that you are clueless on how the court works! The permanent injunction was for the pendance or period until the case is heard and determined. Now that the case is determined these injunctions are similarly replaced by this ruling. So a stay of this ruling technically means that you can proceed with your everyday life until the appeal is heard and determined. On the other hand, a stay or "leave to appeal" can be is normally granted with sanctions or conditions; including a number of things which Uhuru can or cannot do as you suggest e.g. that he shouldn't sign the Referendum Bill

I stop reading on 3rd para - but let me give you one reason why stay orders will not be granted.

Long before the judgement that gave us the 20 orders this month - the high court had INJUNCTED IEBC as early as last year or this year Feb - and then Uhuru was similarly INJUNCTED on march.

IF YOU COULD NOT SET ASIDE INJUNCTIONS - HOW DO YOU HOPE TO STAY JUDGEMENT ORDERS

The reason is simple - allowing Uhuru to sign BBI into law or IEBC to hold the referendum - will make the appeal almost useless - and will cost the country DEARLY.

So IEBC or Uhuru will not be allowed to proceed with BBI until the matter is heard in 2022. If they were in a hurry - nobody stopped them in 2018 from finishing BBI and have enough time to litigate this to SCORK as was more than EXPECTED it would be controversial.

And this could be one of the sanctions/conditions that will be imposed alongside the grant for stay or "leave to appeal" to run until the appeal is heard and determined.

IF ANYBODY WANTS IEBC ALLOWED TO SPEND PUBLIC MONEY AS APPEAL IS HEARD - PLEASE PUT THE MONEY IN ESCROW ACCOUNT - IF YOU WIN THE APPEAL - YOU WILL BE REFUNDED - IF YOU LOSE - TOO bad.

Otherwise what nonsense argument will allow a sane sober judge to authorize expenditure of another 15-20B by IEBC on a referendum that has already been declared NULL AND VOID!!!!!!!!!

Who will be that irresponsible? I mean we still a have to wait for auditor general to tell us how much money has been wasted so far.

[Nowayhaha]

RV, Raila and team come with a different strategy. The now want  suspension of  the High Court order that stopped a constitutional referendum.
Its like a movie .  Anti BBI team should forget about the merits or demrits of the case. This is because  time is of disadvantage for BBI team. They should play delay tactics . We are in June already and its next to impossible for IEBC to hold a referendumn by July.


https://www.standardmedia.co.ke/amp/national/article/2001413876/bbi-office-files-appeal-raises-16-key-issues

[RV Pundit]

Suspension of orders is staying of orders. Mwangi is playing Raila. CoA cannot authorize IEBC to conduct a referendum when 5 bench have found serious issues. It waste of time. They need to justify why this is life and death - well it's for political circus like Raila wanted - it's about time - he got Plan B on the roll.

Anyway first challenge is getting 7 Bench in COA - with only 13 COA  juges - spread in Nairobi, Mombasa, Nyeri, Kisumu, Nakuru and Eldoret - how will the new President Musinga get 7 bench judges that easily. They might have to abandon their stations - and rush to Nairobi - leading to more injustices elsewhere.

Uhuru should swiftly appoint 17 COA - so we get the required no of 30 COA.

Uhuru should NOT benefit from speedy hearing of his case - and should suffer like every kenyan - from the huge backlog - that him and Kuhara have caused by refusing to obey court orders.

CoA have the opportunity to stick it to executive one more - a real kick on their gonads for kenyans like Prof Ngugi and team delivered.

RV, Raila and team come with a different strategy. The now want  suspension of  the High Court order that stopped a constitutional referendum.
Its like a movie .  Anti BBI team should forget about the merits or demrits of the case. This is because  time is of disadvantage for BBI team. They should play delay tactics . We are in June already and its next to impossible for IEBC to hold a referendumn by July.


https://www.standardmedia.co.ke/amp/national/article/2001413876/bbi-office-files-appeal-raises-16-key-issues