Grand Mullahs Take On Maragas Advice

[Nefertiti]

This is like Uhuru refusing to swear in judges. If the swearing was meant to be mandatory they would automatically become judges after 21 days lapsed. Say as happens if PORK does not assent to bills - they become law after 21 days - the katiba expressly states so. But for judges instead we still have Maraga, LSK and Omtatas making incoherent noises but effectively powerless.

Only PORK has power to swear in judges - and only PORK has power to dissolve parliament in this instance. If Uhuru ignores the advisory - parliament will be lemaduck but not illegitimate. You run to court - and judge issues court order for Uhuru to dissolve parliament - but judge cannot automatically dissolve parliament nor swear judges. And Uhuru cannot be locked up for contempt cause he is above the law.

See? JSC vs PORK is the indicative precedent here.

This is the sole constitutional remedy provided for the failure and/or refusal by parliament to enact constitutionally required legislation. Perhaps because it is a last resort, the language in Article 261(7) is mandatory for both parties. Neither the chief justice nor the president is granted any discretion; nor incidentally, does it require the chief justice to be petitioned to act.

[Nefertiti]

RV - this your usual fake punditry.

Judge cannot declare parliament nor PORK nor judiciary unconstitutional. Cause those are co-equal arms of GoK. Once PORK has been sworn in - you must impeach him as the only recourse - it why Kibaki swear himself at night - now new katiba only D/CJ can swear in PORK it forestall crisis.

This redux nonsense of "governor cannot be suspended from office" - the beauty of legal issues is they are not horizon like MAD. In few days it will be resolved.

[RV Pundit]

They declared Uhuru win null and void. Judiciary has powers. That is why Moi used to control it. Now a judge can throw anything anywhere. For example Mumbi just killed devolution with her naivety.

They are equal arms of gov. Uhuru does not enjoy supreme powers.

Get used to that. Maraga just about started.

RV - this your usual fake punditry.

Judge cannot declare parliament nor PORK nor judiciary unconstitutional. Cause those are co-equal arms of GoK. Once PORK has been sworn in - you must impeach him as the only recourse - it why Kibaki swear himself at night - now new katiba only D/CJ can swear in PORK it forestall crisis.

This redux nonsense of "governor cannot be suspended from office" - the beauty of legal issues is they are not horizon like MAD. In few days it will be resolved.

[Nefertiti]

The katiba expressly empower SCORK (not CJ) to nullify elections within 14 or some limited days. Right now even if you discover Uhuru rigged - you can only impeach him - cause the window that give SCORK power passed.

What stop Maraga or courts from declaring the JSC list automatically sworn in despite Uhuru refusal to swear them?  Uhuru has ignored 4 court orders I think - and 14 days given to swear them lapsed eons ago.

Parliament will not be declared illegal - dream on - that Ndii naivety of katiba cannot be amended. It akin to declaring judiciary or executive illegal. Overriding public interest is to avoid crisis - so Omtata NGOs will be ignored. You go to elections- fewer women come back - then what? Parliament either passes the gender bill - or referendum - otherwise forget 1/3. The horse bolted in Naivasha when MPs fixed women reps to 47 instead of pro-rata nominations as CoE wanted.

"Parliament is illegal" from judge not happening.

They declared Uhuru win null and void. Judiciary has powers. That is why Moi used to control it. Now a judge can throw anything anywhere. For example Mumbi just killed devolution with her naivety.

They are equal arms of gov. Uhuru does not enjoy supreme powers.

Get used to that. Maraga just about started.

RV - this your usual fake punditry.

Judge cannot declare parliament nor PORK nor judiciary unconstitutional. Cause those are co-equal arms of GoK. Once PORK has been sworn in - you must impeach him as the only recourse - it why Kibaki swear himself at night - now new katiba only D/CJ can swear in PORK it forestall crisis.

This redux nonsense of "governor cannot be suspended from office" - the beauty of legal issues is they are not horizon like MAD. In few days it will be resolved.

[RV Pundit]

You're not any different from a Kondole woman in your lack of reasoning. There are checks and balances. Uhuru might have emasculated the police and dpp which are independent - but judiciary has proven tough. He can sit on the judges - but he aint appointing any. He can refuse to obey court orders - but they will remain  - and eventually like everything else - they will come to bite.

The katiba expressly empower SCORK (not CJ) to nullify elections within 14 or some limited days. Right now even if you discover Uhuru rigged - you can only impeach him - cause the window that give SCORK power passed.

What stop Maraga or courts from declaring the JSC list automatically sworn in despite Uhuru refusal to swear them?  Uhuru has ignored 4 court orders I think - and 14 days given to swear them lapsed eons ago.

Parliament will not be declared illegal - dream on - that Ndii naivety of katiba cannot be amended. It akin to declaring judiciary or executive illegal. Overriding public interest is to avoid crisis - so Omtata NGOs will be ignored. You go to elections- fewer women come back - then what? Parliament either passes the gender bill - or referendum - otherwise forget 1/3. The horse bolted in Naivasha when MPs fixed women reps to 47 instead of pro-rata nominations as CoE wanted.

"Parliament is illegal" from judge not happening.

They declared Uhuru win null and void. Judiciary has powers. That is why Moi used to control it. Now a judge can throw anything anywhere. For example Mumbi just killed devolution with her naivety.

They are equal arms of gov. Uhuru does not enjoy supreme powers.

Get used to that. Maraga just about started.

RV - this your usual fake punditry.

Judge cannot declare parliament nor PORK nor judiciary unconstitutional. Cause those are co-equal arms of GoK. Once PORK has been sworn in - you must impeach him as the only recourse - it why Kibaki swear himself at night - now new katiba only D/CJ can swear in PORK it forestall crisis.

This redux nonsense of "governor cannot be suspended from office" - the beauty of legal issues is they are not horizon like MAD. In few days it will be resolved.

[Kim Jong-Un's Pajama Pants]

The Grand Mullah is a backstage lawyer. People need him when their cases have to be settled with the judge in the office and not in the courtroom. Good case is when he represented the Jubilee party in the controversial 2017 presidential election. The man had nothing to tell the court apart from personal attacks on the NASA presidential candidate. No wonder Jubilee lost the case.

I think Ahamednasir likes to use a lot legal jargon and technicalities of which I think just create nothing but smoke. Has he ever won a substantial constitutional case or he just yaps by writing yards of nonsense.

Yeah.  He is not a great litigator like Ngatia for instance.  All he has is an Ivy League qualification.

[Nefertiti]

And you are just Miguna harebrained empty coat. Only MPs can impeach PORK. Only PORK can swear judges or dissolve parliament. Lameduck parliament obviously means uncertainty - but not illegal - Maraga already did that damage.

You're not any different from a Kondole woman in your lack of reasoning. There are checks and balances. Uhuru might have emasculated the police and dpp which are independent - but judiciary has proven tough. He can sit on the judges - but he aint appointing any. He can refuse to obey court orders - but they will remain  - and eventually like everything else - they will come to bite.

The katiba expressly empower SCORK (not CJ) to nullify elections within 14 or some limited days. Right now even if you discover Uhuru rigged - you can only impeach him - cause the window that give SCORK power passed.

What stop Maraga or courts from declaring the JSC list automatically sworn in despite Uhuru refusal to swear them?  Uhuru has ignored 4 court orders I think - and 14 days given to swear them lapsed eons ago.

Parliament will not be declared illegal - dream on - that Ndii naivety of katiba cannot be amended. It akin to declaring judiciary or executive illegal. Overriding public interest is to avoid crisis - so Omtata NGOs will be ignored. You go to elections- fewer women come back - then what? Parliament either passes the gender bill - or referendum - otherwise forget 1/3. The horse bolted in Naivasha when MPs fixed women reps to 47 instead of pro-rata nominations as CoE wanted.

"Parliament is illegal" from judge not happening.

They declared Uhuru win null and void. Judiciary has powers. That is why Moi used to control it. Now a judge can throw anything anywhere. For example Mumbi just killed devolution with her naivety.

They are equal arms of gov. Uhuru does not enjoy supreme powers.

Get used to that. Maraga just about started.

RV - this your usual fake punditry.

Judge cannot declare parliament nor PORK nor judiciary unconstitutional. Cause those are co-equal arms of GoK. Once PORK has been sworn in - you must impeach him as the only recourse - it why Kibaki swear himself at night - now new katiba only D/CJ can swear in PORK it forestall crisis.

This redux nonsense of "governor cannot be suspended from office" - the beauty of legal issues is they are not horizon like MAD. In few days it will be resolved.

[RV Pundit]

But Uhuru can only stall - buy time - otherwise constitution doesn't give him power - he is conveyor belt. He can only waste time. He need to appoint the judges. There is no other way around it. He needs to disband parliament if they cannot quickly enact gender bill.

And you are just Miguna harebrained empty coat. Only MPs can impeach PORK. Only PORK can swear judges or dissolve parliament. Lameduck parliament obviously means uncertainty - but not illegal - Maraga already did that damage

[Nefertiti]

Actually Uhuru can ignore the advice altogether, stall upto 2022 elections or call referendum - because MPs and elections already failed many times to pass gender cap.

Basically among 1) MPs pass gender bill by vote, 2) fresh elections or 3) referendum - it no-brainer which method is practical and which can cause crisis. National interest is big overriding factor that guide PORK besides Maraga or Omtata opinion.

But Uhuru can only stall - buy time - otherwise constitution doesn't give him power - he is conveyor belt. He can only waste time. He need to appoint the judges. There is no other way around it. He needs to disband parliament if they cannot quickly enact gender bill.

And you are just Miguna harebrained empty coat. Only MPs can impeach PORK. Only PORK can swear judges or dissolve parliament. Lameduck parliament obviously means uncertainty - but not illegal - Maraga already did that damage

[RV Pundit]

The only thing not sueable in all that is president acting - otherwise I can sue if 1) doesn't meet the constitutional terms 2) the referendum is a process - not an event - you don't just call for a referendum - there is an elaborate procedure - for now parliamentary route is bound to have issues - so only option is to go popular way - collect 1M signatures .

Actually step one is to come up with draft bill - what exactly do you want to ammend. Realistic because it's long process that can be taken to court any time - it not feasible.

Actually Uhuru can ignore the advice altogether, stall upto 2022 elections or call referendum - because MPs and elections already failed many times to pass gender cap.

Basically among 1) MPs pass gender bill by vote, 2) fresh elections or 3) referendum - it no-brainer which method is practical and which can cause crisis. National interest is big overriding factor that guide PORK besides Maraga or Omtata opinion.

[Nowayhaha]

So" Robinas punditry" says The President can just wake up and call for a referendumn , what about the 1M signatures , what about county assemblies endorsments , what about framing of the question .
Robina need to learn to ask questions if she is not sure of something and not concluding with affirmation.
RV is correct any transaction by parliament will be deemed illegal and can be challenged in courts as unconstutional.
This also means halting government in cases like bugedtry etc.

[Nefertiti]

Easiest route is MPs pass gender bill obviously - already failed 10X

Elections - unknown outcome that easily spin into crisis - if MPs come back with fewer women. Already failed 2X. Possible crisis/deadlock makes elections the worst option

Referendum is murky with Omtatas/Aukots/Ndiis but practical - can have guaranteed outcome. Yes - entrench women quota or No - scrap the cap for parliament.

The only thing not sueable in all that is president acting - otherwise I can sue if 1) doesn't meet the constitutional terms 2) the referendum is a process - not an event - you don't just call for a referendum - there is an elaborate procedure - for now parliamentary route is bound to have issues - so only option is to go popular way - collect 1M signatures .

Actually step one is to come up with draft bill - what exactly do you want to ammend. Realistic because it's long process that can be taken to court any time - it not feasible.

[RV Pundit]

Behind kingereza mingi she is very ignorant. I think she is young and started learning politics a few years ago.

So" Robinas punditry" says The President can just wake up and call for a referendumn , what about the 1M signatures , what about county assemblies endorsments , what about framing of the question .
Robina need to learn to ask questions if she is not sure of something and not concluding with affirmation.
RV is correct any transaction by parliament will be deemed illegal and can be challenged in courts as unconstutional.
This also means halting government in cases like bugedtry etc.

[RV Pundit]

Have you ever read Kenya constitution or at least law 101?

The election of the new parliament is NOT expected to solve the gender issues.

The new parliament will come  and pass the gender legislation so the next election - 1/3 of parliament will be women.

All they need to do now is pass some gender bill. It doesn't have to be implemented pronto.

They have only failed because they thought nobody will dare disband parliament. Now you'll see them pass some gender bill. They know they are at mercy of Uhuru now....and they won't like it.

Easiest route is MPs pass gender bill obviously - already failed 10X

Elections - unknown outcome that easily spin into crisis - if MPs come back with fewer women. Already failed 2X. Possible crisis/deadlock makes elections the worst option

Referendum is murky with Omtatas/Aukots/Ndiis but practical - can have guaranteed outcome. Yes - entrench women quota or No - scrap the cap for parliament.

The only thing not sueable in all that is president acting - otherwise I can sue if 1) doesn't meet the constitutional terms 2) the referendum is a process - not an event - you don't just call for a referendum - there is an elaborate procedure - for now parliamentary route is bound to have issues - so only option is to go popular way - collect 1M signatures .

Actually step one is to come up with draft bill - what exactly do you want to ammend. Realistic because it's long process that can be taken to court any time - it not feasible.

[Nefertiti]

I don't need to read law 101 to know this is rusty legalese.

Have you ever read Kenya constitution or at least law 101?

The election of the new parliament is NOT expected to solve the gender issues.

The new parliament will come  and pass the gender legislation so the next election - 1/3 of parliament will be women.

All they need to do now is pass some gender bill. It doesn't have to be implemented pronto.

They have only failed because they thought nobody will dare disband parliament. Now you'll see them pass some gender bill. They know they are at mercy of Uhuru now....and they won't like it.

Easiest route is MPs pass gender bill obviously - already failed 10X

Elections - unknown outcome that easily spin into crisis - if MPs come back with fewer women. Already failed 2X. Possible crisis/deadlock makes elections the worst option

Referendum is murky with Omtatas/Aukots/Ndiis but practical - can have guaranteed outcome. Yes - entrench women quota or No - scrap the cap for parliament.

The only thing not sueable in all that is president acting - otherwise I can sue if 1) doesn't meet the constitutional terms 2) the referendum is a process - not an event - you don't just call for a referendum - there is an elaborate procedure - for now parliamentary route is bound to have issues - so only option is to go popular way - collect 1M signatures .

Actually step one is to come up with draft bill - what exactly do you want to ammend. Realistic because it's long process that can be taken to court any time - it not feasible.

[Nefertiti]

Anyway Pundit and Omtata Noway - gotta run to factory shift. In few days or weeks we will see what happen.

[RV Pundit]

Plain reading of article 261 and 262 moron.
All you do is just heckle raila, ruto, uhuru,
Zero intelligent conversation
It's like arguing with a railamainic in a some dingy bar.
Read the constitution for crying out loud.

We are not here to just argue Raila or Ruto or Uhuru - at least engage some brain cells.

Article 261

(7) If Parliament fails to enact legislation in accordance with an order under clause (6) (b), the Chief Justice shall advise the President to dissolve Parliament and the President shall dissolve Parliament.
( If Parliament has been dissolved under clause (7), the new Parliament shall enact the required legislation within the periods specified in the Fifth Schedule beginning with the date of commencement of the term of the new Parliament.
(9) If the new Parliament fails to enact legislation in accordance with clause (, the provisions of clauses (1) to ( shall apply afresh.

I don't need to read law 101 to know this is rusty legalese.