That is why the numbers argument always puzzled me. They never seemed to be bothered or felt important to explain the legal process of how the numbers were acquired and did not feel the need to challenge Orengo and Otiende's theory that once the process is flawed, the numbers become the fruit of the poisonous tree and should not be eaten. I think the 2013 decision influenced this strategy because it was argued to a largely academic bench. This bench is now composed of more career judges who are used to details and evidence and were not going to be mesmerized by lectures on broad based principles of democracy and tutorials on how to draw a legal petition as PLO attempted.
Njoki was all about the will of the electorate. How it comes about, whether by wananchi storming state house or whatever, is obviously irrelevant to her. She needs to go. Grace Mumbi should take her place.
Exactly, Kichwa. Ive always said that one of my biggest beefs with the arrogant Ahmednassir was how he humiliated career judges on TV, not for corruption, but for their "failure" to get a masters or phd once they joined the bench.
I was just shaking my head over that rubbish the whole time: How does someone going to classes for a year, sitting exams, writing a thesis give ANY advantage over 20, 30 years of judicial experience??? That is such a pathetic, superficial, small-minded view, that getting an extra two papers from academic institutions can compete with and then beat actual experience. All you need to do is read a judge's jurisprudence to know whether he does his job well or not. And this is usually known in the legal community. The only other consideration should be integrity.
But nooo. Leave elitist fools like Ahmednassir to convince Kenyans that a PhD thesis and journal articles are a superior metre to mountains of juridprudence and the general experience of handling disputes day to day for a decade or more.
Another reason I thought it was dumb: THIS WAS THE SUPREME COURT!!! How exactly do you promote untested judges with zero experience handling disputes to your number one court? At most, they should have started at the High Court. Supreme Court judges should be picked from High Court and Court of Appeal judges in my view. Anything else is incredibly irresponsible in my view.
