Most judges are angry with Uhuru blocking their promotion and snitching on them with NIS fitina - so this payback times. But you're spot on Ngugi, Odunga and Chacha from past ruling are progressive pro-people anti-gov kind of judges. So BBI will drink water in high court.
Now before it get to SC.
It has to go to Court of Appeal.
There it will drink water...Court of Appeal is now down to 15 judges or so...from normal 30 judges....after Uhuru stopped promition and hiring..to replace dead, retired or promoted COA judges..so those judges at COA are totally overworked. In fact if BBI get there...they will deliver ruling in 2023 if they are smart
Now by time it goes to SC - that will be 2024!
Pretty much everyone in Judiciary hates Uhuru except maybe 2 or 3 connected judges.
And Uhuru with BBI bribed everyone except the JUDICIARY
that he wants controlled. Will judiciary allow him to hang them - he already shown the rope in the 41 judges debacle - and ombusdman first business will be those 41 judges.
It going nowhere this BBI.
RV , you seem to trust Judiciary too much even with past experience . I for example have my hopes on them but still warry due to the machinations ongoing .
A sneak preview https://www.standardmedia.co.ke/politics/article/2001402765/court-puts-breaks-on-bbi-referendum
Currently the BBI cases are with High Court under Justices Joel Ngugi, George Odunga, Jairus Ngaah, Janet Mulwa and Chacha Mwita, The high court is known for Jurisprudence , We might have an idea how the following activist Judges will rule Joel Ngugi, George Odunga, Chacha Mwita . Most likely rule against BBI .Regardless of the ruling the aggrieved party (Either Petitioners or respondents will take it to the next stage being Court of Appeal .(We will come back to the COA) .
Meanwhile lets jump to the SC . First Kenya Supreme court is known for not having Jurisprudence (Bahati Nasibu - Pata Potea) Reasons has been give for this , its still in the development stages etc etc
Secondly as early as March SC chickened out on BBI cases, maybe a lesson after 2017 debacle or because 7th Day Adventist /Rightist is left the courts or have been threatened with consequences (JSC/DCI ,DPP or Ombudsman )
https://www.the-star.co.ke/news/2021-03-16-supreme-court-declines-to-hear-bbi-case-filed-by-three-counties/[ /quote]
Thirdly as we speak Executive have been able to capture the Supreme Court , The following are the Judges & from the look of it it smells BBI (You need only need 4 judges to win - If the case was to end up there you already know the outcome .
Njoki Ndungu
Philomena Mwilu
Mohammed K. Ibrahim
Smokin Wanjala
Isaac Lenaola
Martha Koome (Incomming)
William Ouko (Incomming)
Now the real battle ground will be in the Court of appeal , as we speak the President is on his way to Supreme Court . An election will have to be held to determine the next President who determines which Judges will handle the cases . Its hard to deliberate how the COA judges will vote , they can decide to appease the current CJ & JSC and vote a pro-Executive President who will then assign the BBI cases to pro-executive judges and in that we have a referendum in July 2021 , or they can decide to elect a Pro-Judiciary hardliner and have them derail the BBI and there goes Bye Bye BBI.
Based on the thinking of Uhuru insiders and how they were able to take DPP office by dangling a carrot to Tobiko , they might entice one of COA judges with Ombudsman so they can be well protected with former judge Martha in JSC, Current COA Judge Warsame in JSC and incomming Ombudsman in JSC . Lets see how it goes .
Precisely. But judiciary will block this. The judiciary are mad with him for blocking 42 judges hiring and promotion - leave alone the ombusdman.
Isnt by voting Yes giving Uhuru a weapon to materialize some of the content without going the referendum way , If the Courts decide to either derail or delay the referendum .
These people seem not to have studied Uhuru closely. Let him meet with his family members ,dealers ,drunk buddies & St Marys Old Boys . Mtajua hamjui ....