Author Topic: Supreme court to deliver judgement this thursday (Read 7832 times)

RV Pundit · « **Reply #60 on:** March 31, 2022, 11:42:13 AM »

Ouko - on 2nd issue - who can initiate popular initiative - the people - junet/waweru is bullshiet - BBI dead.

GeeMail · « **Reply #61 on:** March 31, 2022, 11:43:56 AM »

Legality, legitimacy and constitutionality of the role of president. Handshake of August 2018 between Uhuru and Raila both initiated a 9point BBI. President appointed BBI taskforce via gazette notice. Steering committee established via gazette notice also. Report presented in October 2020 and launched at Bomas of Kenya. Nov 2020, president launches draft bill and collection of 1 million signatures. Popular initiative not defined in the constitution. High Court and Appeal Court were that that this can only be initiated by the people (the man in the market according to Madan). CKRC acknowledged citizen and civil society involvement. Popular initiative originates from CKRC. Junet and Waweru as co-chairs of BBI secretariat seen in that context. They swore an affidavit that the BBI was initiated as public engagement.

GeeMail · « **Reply #62 on:** March 31, 2022, 11:44:25 AM »

Junet and Waweru of the secretariat came out of the blues are children of the handshake and cannot divorce from BBI.

GeeMail · « **Reply #63 on:** March 31, 2022, 11:46:21 AM »

President commenced and spearheaded BBI and only passed the baton to Junet and Waweru to continue. President is ineligible to initiate amendment and cannot act as private citizen. He cannot run with the hare and run with the hounds.

RV Pundit · « **Reply #64 on:** March 31, 2022, 11:46:49 AM »

Ouko - president stay on your lane - and wait for constitutional bill after parliament or referendum

RV Pundit · « **Reply #65 on:** March 31, 2022, 11:53:02 AM »

Ouko - Uhuru didnt do anything illegal.

RV Heavy Hitter! · « **Reply #66 on:** March 31, 2022, 11:53:43 AM »

It is 2-0 null and void; 5 more to go!

RV Pundit · « **Reply #67 on:** March 31, 2022, 11:58:24 AM »

Ouko - public participation - set aside determination

RV Pundit · « **Reply #68 on:** March 31, 2022, 11:59:01 AM »

We only need two more - 4 is enough - and we start celebrating the death of BBI.

Quote from: RV Heavy Hitter! on March 31, 2022, 11:53:43 AM

It is 2-0 null and void; 5 more to go!

RV Pundit · « **Reply #69 on:** March 31, 2022, 12:09:31 PM »

Leonola - Basic structure only applies to new constitution. Basic structure doesnt apply.

RV Heavy Hitter! · « **Reply #70 on:** March 31, 2022, 12:14:29 PM »

Quote from: RV Pundit on March 31, 2022, 12:09:31 PM

Leonola - Basic structure only applies to new constitution. Basic structure doesnt apply.

I think it is 3.0; president cannot initiate an amendment and sign it as president!

RV Pundit · « **Reply #71 on:** March 31, 2022, 12:15:17 PM »

Leonala - What - BBI is okay. Disagree with Chief Justice

RV Pundit · « **Reply #72 on:** March 31, 2022, 12:15:45 PM »

Leonal - New Cost null and void. BBI is dead.

GeeMail · « **Reply #73 on:** March 31, 2022, 12:26:43 PM »

Njoki - Basic structure does not apply.

GeeMail · « **Reply #74 on:** March 31, 2022, 12:29:27 PM »

Public participation unclear in law, so cannot be predetermined.

RV Pundit · « **Reply #75 on:** March 31, 2022, 12:30:11 PM »

Justice Njoki - huyu ni Muthamaki - I think she give BBI clean bill health. Anyone can present BBI.

GeeMail · « **Reply #76 on:** March 31, 2022, 12:33:42 PM »

Role of the president: Superior courts framed issues in their own ways not in the constitution and used them illegitimately to determine the matters before them. Words not in the constitution expended court time.
Words like initiate, initiator, citizen-initiated, and private citizen are not in the constitution. The judges erred here. Constitution only has the words promoter and popular initiative. Courts read in their own words and hence changed the whole constitutional context. There is no logical reason given for excluding the president. The learned judges erred.

GeeMail · « **Reply #77 on:** March 31, 2022, 12:36:56 PM »

Popular initiative is not about who moves it but is about the numbers. That is why constitution gave numbers.

GeeMail · « **Reply #78 on:** March 31, 2022, 12:37:58 PM »

[Njoki proving sagacious. Very robust reasoning and understanding of the law.]
Silence of constitution on who can initiate popular initiative should have instructed the courts. Art 36 means president is an elected representative of the people. He can under Art 1 exercise delegated sovereign power of the people. Faults superior courts for not considering that the president can exercise delegated power of the people. To see it otherwise is to limit the power of the people through their representative donated to the presndent.

Nowayhaha · « **Reply #79 on:** March 31, 2022, 12:39:38 PM »

Seems they killed the Basic Structure Doctrine. This is dangerous , We might require a new consitution in future to do away with Supteme court. As it stands now the Constituion can be amended by whoever whatever and whenever.

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Author Topic: Supreme court to deliver judgement this thursday (Read 7832 times)