Happening Now: BBI court ruling.

Ngimanene na Muchere

Ngimanene na Muchere

Elder Lister
bigDog said:
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.
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IN LAW, PROCEDURE MATTERS!!! Parliament itself is a house of procedure
 
bigDog

bigDog

Elder Lister
Mwalimu-G said:
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.
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The constitution does not say who "originates popular initiative". It doesn't disqualify an MP or even the president! The constitution and indeed any law is precise. Whatever is not prohibited under the existing law cannot be ruled to be offend the law.

I'm begging to think that the US system of judiciary appoints is proper and right.

If the judiciary must make a political decision, they should undergo a political process! If you make political decisions, you should bear the political outcomes. You should not.hide behind your politically insular judicial office.
 
Ngimanene na Muchere

Ngimanene na Muchere

Elder Lister
bigDog said:
The constitution does not say who "originates popular initiative". It doesn't disqualify an MP or even the president! The constitution and indeed any law is precise. Whatever is not prohibited under the existing law cannot be ruled to be offend the law.

I'm begging to think that the US system of judiciary appoints is proper and right.

If the judiciary must make a political decision, they should undergo a political process! If you make political decisions, you should bear the political outcomes. You should not.hide behind your politically insular judicial office.
Click to expand...
Yes it does say, and the why.
 
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