Author Topic: High court to rule on BBI this Thursday  (Read 13798 times)

Online Nowayhaha

  • VIP
  • Enigma
  • *
  • Posts: 7462
  • Reputation: 5000
Re: High court to rule on BBI this Thursday
« Reply #40 on: May 13, 2021, 04:47:38 PM »
Following closely.....

Offline RV Pundit

  • Moderator
  • Enigma
  • *
  • Posts: 38326
  • Reputation: 1074446
Re: High court to rule on BBI this Thursday
« Reply #41 on: May 13, 2021, 04:47:54 PM »
BBI drinking water - Kenya Judiciary ready to defend kenya constitution 2010. Flowery language to describe it.

Give long synopsis of what happened to the old constitution.

Hyper-amendment - constitution without constitutionalism - misuse - that degrade the constitution more akin to stature.

Very nice. The tenor of the argument is that BBI is mongrel that seeks to seek to undermine the constitution and mess with constitutionalism.

Offline RV Pundit

  • Moderator
  • Enigma
  • *
  • Posts: 38326
  • Reputation: 1074446
Re: High court to rule on BBI this Thursday
« Reply #42 on: May 13, 2021, 04:51:49 PM »
Uhuru dreams of returning to Kenya to his father and adopted father's era is drinking water...Odunga firing warning shots.

We go back to 1990s. History is important so we don't repeat it again.

Wanjiku led constitution-led reforms since mid-90s.

Talk of Constitutional Amendment Act -  of Mid 2000s

Offline RV Pundit

  • Moderator
  • Enigma
  • *
  • Posts: 38326
  • Reputation: 1074446
Re: High court to rule on BBI this Thursday
« Reply #43 on: May 13, 2021, 04:57:31 PM »
Premium tears loading - Odunga describe in length what it took - to make Constitution 2010.

Participation - more description of how deep it went.

Implication - you cannot just do a kamikaze thing, bribe everyone and amend our CoK2010 - something that took 2 decades and MANY LIVES lost.

Offline RV Pundit

  • Moderator
  • Enigma
  • *
  • Posts: 38326
  • Reputation: 1074446
Re: High court to rule on BBI this Thursday
« Reply #44 on: May 13, 2021, 05:03:03 PM »
Justice Odunga still on a long journey by CKRC - and the pervasive participation, accountability, and etc

We are still 2002...president Moi scuttled the process by dissolving the process.

CKRC to report Bomas....Kibaki reneged.

Offline RV Pundit

  • Moderator
  • Enigma
  • *
  • Posts: 38326
  • Reputation: 1074446
Re: High court to rule on BBI this Thursday
« Reply #45 on: May 13, 2021, 05:07:06 PM »
This long explanation is simple for me - NDII is winning - Kenya constitution BASIC structure cannot be amended just via referendum alone - there has to be a long process.

That basically kills BBI before we get to 17 other knockouts.

Online Nowayhaha

  • VIP
  • Enigma
  • *
  • Posts: 7462
  • Reputation: 5000
Re: High court to rule on BBI this Thursday
« Reply #46 on: May 13, 2021, 05:09:32 PM »
This would be a nice read , a good history teaching ......It reminds me that Wako has been in all the constituional changing Processes.

Offline RV Pundit

  • Moderator
  • Enigma
  • *
  • Posts: 38326
  • Reputation: 1074446
Re: High court to rule on BBI this Thursday
« Reply #47 on: May 13, 2021, 05:10:35 PM »
Justice Odunga now in 2008 progrom and Kofi Annan led mediation.

Offline RV Pundit

  • Moderator
  • Enigma
  • *
  • Posts: 38326
  • Reputation: 1074446
Re: High court to rule on BBI this Thursday
« Reply #48 on: May 13, 2021, 05:11:31 PM »
Mandatory history for Robina and her ilk..who just support anything for cynical shortism..STOP RUTO...not knowing Ruto could crash in his chopper tomorrow...and bad constitution will reset us back to 1970s.

My prayers is CoK2010 never get ammended easily and stays like US constitution for 200yrs with minimal amendment.

Ammend your politics. Leave the constitution.

This would be a nice read , a good history teaching ......It reminds me that Wako has been in all the constituional changing Processes.


Offline RV Pundit

  • Moderator
  • Enigma
  • *
  • Posts: 38326
  • Reputation: 1074446
Re: High court to rule on BBI this Thursday
« Reply #49 on: May 13, 2021, 05:17:45 PM »
Justice Odunga - still going on what it took to come up with CoK2010.

Kenyans attached a lot of seriousness to constitution making


Cok2010 - took 20yrs.

Offline RV Pundit

  • Moderator
  • Enigma
  • *
  • Posts: 38326
  • Reputation: 1074446
Re: High court to rule on BBI this Thursday
« Reply #50 on: May 13, 2021, 05:23:21 PM »
Justice Odunga - On Ndii argument- basic structure -  unless overhauling -not even parliament

Offline RV Pundit

  • Moderator
  • Enigma
  • *
  • Posts: 38326
  • Reputation: 1074446
Re: High court to rule on BBI this Thursday
« Reply #51 on: May 13, 2021, 05:31:45 PM »
ODUNGA KENYA INTEND TO  PROTECT BASIC STRUCTURE>


TEARS ROLLING

Offline RV Pundit

  • Moderator
  • Enigma
  • *
  • Posts: 38326
  • Reputation: 1074446
Re: High court to rule on BBI this Thursday
« Reply #52 on: May 13, 2021, 05:33:50 PM »
You can only OVERHAUL constitution if you want FUNDAMENTAL CHANGES - by taking 20yrs :) to involve everyone including ogiek in deep the forest.

Offline RV Pundit

  • Moderator
  • Enigma
  • *
  • Posts: 38326
  • Reputation: 1074446
Re: High court to rule on BBI this Thursday
« Reply #53 on: May 13, 2021, 05:35:12 PM »
Cok2010 lives to fight another day. Raila premium tears we warned

Online Nowayhaha

  • VIP
  • Enigma
  • *
  • Posts: 7462
  • Reputation: 5000
Re: High court to rule on BBI this Thursday
« Reply #54 on: May 13, 2021, 05:43:29 PM »
THE TEXT STRUCTURE, HUSTORY, NATURE AND CONTEXT MEANS THAT BASIC STRUCTURE DOCTRINE IS APPLICABLE IN KENYA..

Offline RV Pundit

  • Moderator
  • Enigma
  • *
  • Posts: 38326
  • Reputation: 1074446
Re: High court to rule on BBI this Thursday
« Reply #55 on: May 13, 2021, 05:44:36 PM »
Absolutely brilliant move by Ndii and company - that basically killed BBI and many future BBIs.
THE TEXT STRUCTURE, HUSTORY, NATURE AND CONTEXT MEANS THAT BASIC STRUCTURE DOCTRINE IS APPLICABLE IN KENYA..

Offline RV Pundit

  • Moderator
  • Enigma
  • *
  • Posts: 38326
  • Reputation: 1074446
Re: High court to rule on BBI this Thursday
« Reply #56 on: May 13, 2021, 05:45:53 PM »
Justice Ngaah  - on the 2nd Question - BBI and Basic struture - what is the fate.

Ngaah goes back to the history of popular initiative - Odunga already described as legislative equivalent to minimal constitutional changes.

Offline RV Pundit

  • Moderator
  • Enigma
  • *
  • Posts: 38326
  • Reputation: 1074446
Re: High court to rule on BBI this Thursday
« Reply #57 on: May 13, 2021, 05:52:42 PM »
Justice Ngaah - GOV CANNOT amend through Popular initiative.

Another KNOCK OUT.

Offline RV Pundit

  • Moderator
  • Enigma
  • *
  • Posts: 38326
  • Reputation: 1074446
Re: High court to rule on BBI this Thursday
« Reply #58 on: May 13, 2021, 05:55:13 PM »
Justice Ngaah - on BBI secretariat.

Controversial BBI taskforce - gazette notice.

BBI is a presidential task force. President exercise executive authority.


Online Nowayhaha

  • VIP
  • Enigma
  • *
  • Posts: 7462
  • Reputation: 5000
Re: High court to rule on BBI this Thursday
« Reply #59 on: May 13, 2021, 05:58:55 PM »
BBI is not a a popular initiative , it was  presidential Initiative
He should have used AG to initiatie a Parliamentary Initiative