Happening Now: BBI court ruling.

Denis Young

Elder Lister
Does the judiciary have its own law enforcement mechanisms? Does it have power to override MOST county assemblies in the country? What about both houses of the parliament? What about the 3 million signatures?

We have a rogue judiciary that thinks it's collectively brighter than Kenyans. They are entitled to their opinion. But it's an opinion.
Is this Uhuru's burner hapa kwa hii kijiji?
Ati does the court have its own enforcement mechanism. It is this very question why the executive has ignored court orders on numerous occasions making this country lawless. If you do not agree with a ruling, you escalate to a higher court and so on. Once you exhaust that route and don't get a favorable ruling, you move on.

Rule of law is supreme.
 

Meria

Elder Lister
Staff member
Is this Uhuru's burner hapa kwa hii kijiji?
Ati does the court have its own enforcement mechanism. It is this very question why the executive has ignored court orders on numerous occasions making this country lawless. If you do not agree with a ruling, you escalate to a higher court and so on. Once you exhaust that route and don't get a favorable ruling, you move on.

Rule of law is supreme.
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Mwalimu-G

Elder Lister
True or false...
A constitutional amendment begins with a thought. Any citizen has a right to think.
The thinker sells his idea to others and if they buy it they join and become promoters.
They put their thoughts in the prescribed process.
Their thoughts eventually get approval/rejection by the citizens in a referendum.
For the Judiciary to purport to stop the process somewhere on the way they are denying citizens a chance to manage their law. My two togrog.
 
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bigDog

Elder Lister
True. But doesn't the executive and the legislature also operate on delegated power from the citizenry?
The judiciary uses the delegated authority to protect the populace from excesses of the executive and the legislature. True or false?

And the 'give us Barnabas' refrain works when the populace is sufficiently convinced rightly or wrongly,through misinformation,disinformation and biases of a 100 thousand hues that the judiciary is not protecting it from the other two arms of kafment....better the devil you know
It's got to do with who has the "law making delegation". In my opinion, legislative, executive and judicial branches hold law making powers in that order. I believe in representative democracy. People who make decisions about my life (political) should be elected. That's why my legislative and executive representatives must be elected.

We do not elect judges and magistrates. Why should have a bigger say on law making process? Who elected them? Let me give you an example. I believe a woman should have a choice to carry her pregnancy to term. I believe that adults should have the freedom to alter their bodies in any way they want without coercion! But I don't impose them on anyone.
 

Ngimanene na Muchere

Elder Lister
A constitutional amendment begins with a thought. Any citizen has a right to think.
The thinker sells his idea to others and if they buy it the join and become promoters.
They put their thoughts in the prescribed process.
Their thoughts eventually get approval/rejection by the citizens in a referendum.
For the Judiciary to purport to stop the process somewhere on that process they are denying citizens a chance to manage their law. My two togrog.
Are you deaf? The President has his channels which he opted not to follow
 

bigDog

Elder Lister
Boss, hii process ya BBI was marred by all manner of irregularities and illegalities from the start. Damn, even IEBC was doing zero work.

The Katiba has fought for itself and even Ouru can be sued. Mjamaa aliapa kulinda katiba na ndiye hapo number one na ndugu yake Raila wanataka kujibinafsisha.

Eh bro, are you trolling?
I have said here that I support BBI. I deserve to be heard and advocate my position. Let me have my day. If the majority supports your position in the referendum, its democracy.

One of the tenets of our constitution is not to allow procedural matters clutter our decision making. It's easy to find errors in the procedure but how do those errors make the final decision invalid?

I fault Maragas court decision because the irregularities mentioned did not significantly alter the outcome. Every scientist knows that any measurement is an approximation. There is nothing like 100.0000000 measuremt of 1km. All measures are approxations with some measure of accuracy.
 

bigDog

Elder Lister
Is this Uhuru's burner hapa kwa hii kijiji?
Ati does the court have its own enforcement mechanism. It is this very question why the executive has ignored court orders on numerous occasions making this country lawless. If you do not agree with a ruling, you escalate to a higher court and so on. Once you exhaust that route and don't get a favorable ruling, you move on.

Rule of law is supreme.
True. But very abstract.
 
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