Yet another unconstitutional move by Uhuru

[RV Pundit]

• Tweet

https://www.the-star.co.ke/news/2021-06-10-court-declares-uhurus-judiciary-restructure-order-unconstitutional/

[Omollo]

It's like the motherfucker never went to school. He's such a brainless piece of shit with an attorney General who uses his asshole to think.

[RV Pundit]

AG should long have resigned - this beyond the pale. Uhuru doesnt need any legal advice. He is gone rogue.

It's like the motherfucker never went to school. He's such a brainless piece of shit with an attorney General who uses his asshole to think.

[Nowayhaha]

Finally you accept Uhuru has been doing this under his own violation.

AG should long have resigned - this beyond the pale. Uhuru doesnt need any legal advice. He is gone rogue.

It's like the motherfucker never went to school. He's such a brainless piece of shit with an attorney General who uses his asshole to think.

[Kadudu]

Am surprised that people ever expected anything clever to come from Uhuru. He was never presidential material from day one. As I mentioned before, the man who have made a great minister for Cultural and Social Services.

[Kichwa]

The Judiciary will soon become irrelevant if it keeps on issuing orders that it knows will be ignored.

[RV Pundit]

Your animus against the judiciary seems personal. Did they reject you?
Kenya judiciary is NOT a party to the dispute here.
They haven't found Uhuru transgression on their own volition or motion.
They have no such suo moto powers in kenya.
They listen to petitions and it almost guranteed the gov will either not defend themselves or their actions are too indefensible

It's like BBI - how can you save such a thing - even if you wanted to do t

The thing scored 20-0. It almost like everything was done so badly. It kinda like IEBC fumbling and costing Uhuru a sure win of 2017. There was NO RIGGING - just IEBC fumbling.

The Judiciary will soon become irrelevant if it keeps on issuing orders that it knows will be ignored.

[Omollo]

What happens when a court order is ignored (read = disobeyed).

Several things depending on what institution or person it affects. For private persons it's just contempt proceedings a jail term or fine or both

For banks etc, a daily fine that is calculated to sweat them and possible jail for the CEO or board or whoever is supposed to act to bring compliance

For state:

All or some of the above may apply. In addition litigants may move to court to bar the institution from making use of courts until there's compliance. This can start with some then escalate.

In other jurisdictions the court would demand from the AG who bears ultimate responsibility for compliance. In Pakistan once the AG pointed at the PM, an order was issued to him. When he failed to act, the supreme court sent him home by declaring him unfit to hold that office and barred him from public office indefinitely.

Now we have Uhuru Kenyatta. He's being supported by people who know that he's wrong. Court orders must just be obeyed. If not there are consequences

How is the nullification of Exec. order no. 1 of 2020 likely to hit?

There's really nothing more to "implement". The order is dead. Nothing is overtly required to show compliance. If finance gives out money to keep some of the provisions alive he opens himself to future litigation and surcharge. Because funds can't be given to illegal entities. Will Uhuru comply if it means not giving money? Most likely not. Ujeuri. But that is simply increasing his eventual costs.

The Military control of KMC and illegal appointees: if I were one I'd quietly resign. Because the monies paid to them will be recovered. All decisions they are not only making but participating in making are most likely null and void. All orders issued can hit back at them or their departments.

Say Dr. Mwangangi issues a roadside order to quarantine someone. The person is quarantined. Later he'll sue for illegal detention based on an illegal order.

So Uhuru can run an illegal government. There are many such governments even now: In Burma, Egypt, Chad, etc. Bashir ran an illegal government for 35 years. Well, he's being charged with treason today!

Nobody can prescribe for Uhuru what life he should lead after office

[gout]

What if the judiciary goes rogue, throws tantrums and refuses to hear cases brought by police and ODPP?

[RV Pundit]

You nailed it.
Anything illegal be afraid.
I have seen people who made money in 90s looting public properties - nearly all of them have lost them.
30yrs - those land deals - are being recovered.
Ruto maybe last man standing - with Weston hotel.
Some who grabbed by-pass land in 1970s - lost in almost 50yrs.
The lesson is don't do any illegal stuff especially that money is involved.
Even if you die - your family estate will pay.

These things stay in the record.
Someone else will come and implement


What Uhuru is doing is making himself vulnerable to personal financial risk in the future.

Court orders hapana michezo

What happens when a court order is ignored (read = disobeyed).

Several things depending on what institution or person it affects. For private persons it's just contempt proceedings a jail term or fine or both

For banks etc, a daily fine that is calculated to sweat them and possible jail for the CEO or board or whoever is supposed to act to bring compliance

For state:

All or some of the above may apply. In addition litigants may move to court to bar the institution from making use of courts until there's compliance. This can start with some then escalate.

In other jurisdictions the court would demand from the AG who bears ultimate responsibility for compliance. In Pakistan once the AG pointed at the PM, an order was issued to him. When he failed to act, the supreme court sent him home by declaring him unfit to hold that office and barred him from public office indefinitely.

Now we have Uhuru Kenyatta. He's being supported by people who know that he's wrong. Court orders must just be obeyed. If not there are consequences

How is the nullification of Exec. order no. 1 of 2020 likely to hit?

There's really nothing more to "implement". The order is dead. Nothing is overtly required to show compliance. If finance gives out money to keep some of the provisions alive he opens himself to future litigation and surcharge. Because funds can't be given to illegal entities. Will Uhuru comply if it means not giving money? Most likely not. Ujeuri. But that is simply increasing his eventual costs.

The Military control of KMC and illegal appointees: if I were one I'd quietly resign. Because the monies paid to them will be recovered. All decisions they are not only making but participating in making are most likely null and void. All orders issued can hit back at them or their departments.

Say Dr. Mwangangi issues a roadside order to quarantine someone. The person is quarantined. Later he'll sue for illegal detention based on an illegal order.

So Uhuru can run an illegal government. There are many such governments even now: In Burma, Egypt, Chad, etc. Bashir ran an illegal government for 35 years. Well, he's being charged with treason today!

Nobody can prescribe for Uhuru what life he should lead after office

[RV Pundit]

That would be irresponsible - because criminals will roam free.
Best for me is to fine them heavily.
There is really no need for contempt of court jail terms.

Judges need to issue jaw dropping contempt of court fines.

Like fine someone 20M kshs for contempt of court.

Then people will listen and obey court orders.

It's like that Luhya Mp who was fined 500M kshs - such kind of fines have serious impact on crime!

Court should go rogue on sentencing. They have a lot of discretion and can be a little creative.

Kenya = MONEY - is more important than anything.

You hit these gov functionaries and politician with serious millions of fine - they will  listen.

Just declare the XYZ be done or the personal responsible to pay a fine of Kshs 20M to the treasury.

In developed world - people don't engage in white collar crime - because you cheat IRS- they bankrupt - you disobey the law - they bankrupt you - the fines are serious.

What if the judiciary goes rogue, throws tantrums and refuses to hear cases brought by police and ODPP?

[Omollo]

That needs a truly "activist" judiciary like one finds in Pakistan. Any judge hearing a matter of public concern can take up the matter summon the concerned listen and issue orders. The so called Suo Motu powers of the courts. In Kenya the courts wait for Omtatah to bring up the matter and judges pretend hawajui!

Now for what you are asking (am a bit rusted), in Kenya that will require a motion. That means the advocate of Miguna, Lsk or any citizen really. CoK 2010 removed the demand for locus standi for a litigant - a requirement that you show injury caused or likely to be caused to you by the matter you're suing for.

The AG would ofcourse appeal. In which case lawyers have a way out. They may demand that the state deposit a colossal sum in a court controlled bank account which would be paid. I'm referring to Miguna case where they've been ordered to pay but refuse out of Matiangi ujeuri (which will eventually send him broke or to jail or both. Anacheza!)

In other cases, the appeal will stop at the application for a stay. The court of appeal will not grant a stay unless the state says what injury it'll suffer. Plus the lawyers would have rounded up on the AGs habit of appealing getting stays then refusing to prosecute the appeals. That's a tactic judges hate - even pro establishment stooges. Because it affects their performance with too many pending cases listed under "hearing" yet no progress. The judges suffer consequences of such delays but not the AG.

I think the judges are emboldened. With 6 of them mistreated, nobody wants to be labeled a gatekeeper for Uhuru. They saw how Nyamu and Gacheche ended and Nambuye almost went until the hubby met drunk Kibaki in Golf Hotel bought all the drinks (jee an alcoholic still craves for drinks to be bought even with access to a free state credit card with zero limits!)

What if the judiciary goes rogue, throws tantrums and refuses to hear cases brought by police and ODPP?

[Omollo]

Doesn't routinely affect criminal cases. It's only civil.cases where the AG suffer

That would be irresponsible - because criminals will roam free.
Best for me is to fine them heavily.
There is really no need for contempt of court jail terms.

Judges need to issue jaw dropping contempt of court fines.

Like fine someone 20M kshs for contempt of court.

Then people will listen and obey court orders.

It's like that Luhya Mp who was fined 500M kshs - such kind of fines have serious impact on crime!

Court should go rogue on sentencing. They have a lot of discretion and can be a little creative.

Kenya = MONEY - is more important than anything.

You hit these gov functionaries and politician with serious millions of fine - they will  listen.

Just declare the XYZ be done or the personal responsible to pay a fine of Kshs 20M to the treasury.

In developed world - people don't engage in white collar crime - because you cheat IRS- they bankrupt - you disobey the law - they bankrupt you - the fines are serious.

What if the judiciary goes rogue, throws tantrums and refuses to hear cases brought by police and ODPP?