Author Topic: Lenaola Shouldn't Have Been Included in Draconian Laws Bench  (Read 3246 times)

Offline Omollo

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Lenaola Shouldn't Have Been Included in Draconian Laws Bench
« on: January 13, 2015, 04:42:26 PM »
Lenaola should not have been included having already listened to the case and made rulings adverse to one side.
Quote
Chief Justice Willy Mutunga appointed five judges to hear the case challenging the suspension of eight security laws on Tuesday.

They are Justice Isaac Lenaola, Mumbi Ngungi, Hillary Chemitei, Hedwig Ong'udi and Joseph Onguto.

Mutunga asked them to give their findings on or before February 13 when a decision will be made.

This comes a day after Director of Public Prosecution Keriako Tobiko appealed the suspension of the laws.

Tobiko said that stopping the government from enforcing the anti-terror laws will compromise public interest.

He and Attorney General Githu Muigai told three Appeal Court judges to lift the suspension as it was given in error of law.

The sections suspended by judge George Odunga are 12, 16, 26, 29, 48, 56, 58 and 64.

Odunga gave the orders following an application by the Cord coalition.
- See more at: http://www.the-star.co.ke/news/cj-willy-mutunga-appoints-five-judges-hear-security-laws-case#sthash.SCSYKWbU.dpuf
... [the ICC case] will be tried in Europe, where due procedure and expertise prevail.; ... Second-guessing Ocampo and fantasizing ..has obviously become a national pastime.- NattyDread

Offline Kim Jong-Un's Pajama Pants

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Re: Lenaola Shouldn't Have Been Included in Draconian Laws Bench
« Reply #1 on: January 13, 2015, 04:58:01 PM »
Mumbi Ngugi is a good choice.  The lone voice that will resist interference from GoK.  The rest it's hard to say where their conscience lies.  But it cannot be much different than the rest of the Mutungaru court system.
"I freed a thousand slaves.  I could have freed a thousand more if only they knew they were slaves."

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Offline RV Pundit

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Re: Lenaola Shouldn't Have Been Included in Draconian Laws Bench
« Reply #2 on: January 13, 2015, 07:53:07 PM »
I find Lenaola to be a judge of integrity and a solid hand in the constitutional division of the high court. Mumbi Ngugi has been a star. The rest are odd balls.

Offline Omollo

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Re: Lenaola Shouldn't Have Been Included in Draconian Laws Bench
« Reply #3 on: January 13, 2015, 11:39:37 PM »
It's the simple rule that prevents a judge from sitting on appeal on his own decisions and in this case avoiding future accusations of prejudice. Lenaola refused to grant every prayer by CORD handing victory to Jubilee three times.
I find Lenaola to be a judge of integrity and a solid hand in the constitutional division of the high court. Mumbi Ngugi has been a star. The rest are odd balls.
... [the ICC case] will be tried in Europe, where due procedure and expertise prevail.; ... Second-guessing Ocampo and fantasizing ..has obviously become a national pastime.- NattyDread

Offline RV Pundit

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Re: Lenaola Shouldn't Have Been Included in Draconian Laws Bench
« Reply #4 on: January 14, 2015, 09:08:23 AM »
Those were preliminary motions..CORD wanted basically ex-parte orders. Let's have the full hearing. Lenaola record at high court to me has been exemplary. He is a steady hand. I cannot say the same about someone like Ombija or Odunga.
It's the simple rule that prevents a judge from sitting on appeal on his own decisions and in this case avoiding future accusations of prejudice. Lenaola refused to grant every prayer by CORD handing victory to Jubilee three times.