Happening Now: BBI court ruling.

bigDog

bigDog

Elder Lister
Pseudonyms said:
And then there's justice. Justice is when the right thing is done despite and inspite of the views of the majority.

A cannibalistic society may vote to allow eating young babies. But your neighbor attempting to eat your son because he came home after curfew hours and didn't get a chance to pass by the morgue for a kilo of human flesh is not right.

If you sued the murderous neighbor, would you like the judge to go by the majority that any child including yours is game, or would you like him to interpret the law that actually eating live babies is wrong and should stop?
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There are some fundamental rights that every minority must have. I don't believe that the majority should oppress the minority. The minority must have their say. Bit they should never ever rule over the majority.

How do we decide? I believe the majority wins in any democratic argument. One man, one vote, one shilling. The majority may not make the best decision, but that's democracy. They don't have to be right. The importance is that they made their decision.

Constitutionality or otherwise of the court decision today depends on the political situation . The constitution is a governance framework covering political, economic, legal , technolocal and other aspects of our well being. The judiciary, being just one facet of the society is incorrectly assuming that the legalistic/procedural aspect of its nature overrides all the other needs of human life.

In future, we will have deterministic technology so that we have unchallengeable block chain backed contracts. I hope that we could have a time when we vote directly on the parliament floor. Lakini, that won't solve our problems.
 
Denis Young

Denis Young

Elder Lister
bigDog said:
Point it out. Fundamental rules of justice should be commonly agreed rules of the government and the governed.

Your guys forget that the judiciary is also part of the government. It must be prevented from overreaching its mandate. Who stops our judiciary?

Who gives them the power to make some decisions that should be made by legislators ?
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Who stops the executive?
 
bigDog

bigDog

Elder Lister
Denis Young said:
Who stops the executive?
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Sasa tunawacha vita ya policy. Tunaingia hii ya Kijiji. It becomes unfair and then we are both sad! Si tuongee kitu both of us can understand mkubwa?

Mimi nelelewa huko north eastern. Sichui Garpions ama Kallets, sille sinapemba watu erro! Hata hiyo muto manaitaga reggae nirriiona hapo Wajir.

Mooto ya lagha ni hatari sana sana. Especiarry kama ummeender north heastern.
 
wrongturn

wrongturn

Elder Lister
kuna watu i have not seen their comments, watu wamejificha after a reality check, I hope no mca,mp or senator will be reelected back, none opposed BBI, kila mtu alikuwa tu YES, without questioning anything. For the past 8 or so years , we have had a very useless legislature, kazi niku rubber stamp whatever the executive wanted,
Very few laws have been passed in parliament since 2013, waliongeza debt ceiling but no one marshalled numbers to defeat it, kazi niku rant twitter like us, i hope Kenyans will see their folly. Am sure today we shall have all manner of chest thumping from the few who opposed BBI yet thy could not have courage to challenge the process, they were secretly aligning themselves how they will benefit from it.
 
wrongturn

wrongturn

Elder Lister
bigDog said:
Sasa tunawacha vita ya policy. Tunaingia hii ya Kijiji. It becomes unfair and then we are both sad! Si tuongee kitu both of us can understand mkubwa?

Mimi nelelewa huko north eastern. Sichui Garpions ama Kallets, sille sinapemba watu erro! Hata hiyo muto manaitaga reggae nirriiona hapo Wajir.

Mooto ya lagha ni hatari sana sana. Especiarry kama ummeender north heastern.
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boss get some sleep, hata uhuru despite the knockout punch am sure he drunk himself to sleep, the process was irregular , nothing can change that, appealing those 21 issues is just a waste of time .
 
Ngimanene na Muchere

Ngimanene na Muchere

Elder Lister
bigDog said:
There are some fundamental rights that every minority must have. I don't believe that the majority should oppress the minority. The minority must have their say. Bit they should never ever rule over the majority.

How do we decide? I believe the majority wins in any democratic argument. One man, one vote, one shilling. The majority may not make the best decision, but that's democracy. They don't have to be right. The importance is that they made their decision.

Constitutionality or otherwise of the court decision today depends on the political situation . The constitution is a governance framework covering political, economic, legal , technolocal and other aspects of our well being. The judiciary, being just one facet of the society is incorrectly assuming that the legalistic/procedural aspect of its nature overrides all the other needs of human life.

In future, we will have deterministic technology so that we have unchallengeable block chain backed contracts. I hope that we could have a time when we vote directly on the parliament floor. Lakini, that won't solve our problems.
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You don't like when critical thinking is applied to what you don't agree with? You're funny
 
imei2012

imei2012

Elder Lister
What a fine morning to be kenyan....last evening 's decision is still being internalized and digested!!! Prezzo should fire his advisors najua alikua anangoja kuappoint iebc commissioners at a point to suit his goals but that delay has worked against him same for the judges. Its safe to conclude that the handshake died violently in its sleep! The declarations by the bench were so grave that no sane lawyer worth his salt should contemplate an appeal but we know kariuki is no such lawyer!!!
 
Ngimanene na Muchere

Ngimanene na Muchere

Elder Lister
imei2012 said:
What a fine morning to be kenyan....last evening 's decision is still being internalized and digested!!! Prezzo should fire his advisors najua alikua anangoja kuappoint iebc commissioners at a point to suit his goals but that delay has worked against him same for the judges. Its safe to conclude that the handshake died violently in its sleep! The declarations by the bench were so grave that no sane lawyer worth his salt should contemplate an appeal but we know kariuki is no such lawyer!!!
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Good morning fellow Kenyan, even the air feels different this beautiful day. I'm feeling a certain kihappiness
 
Mr Black

Mr Black

Elder Lister
bigDog said:
Who give the power to the courts to determine how we make our laws? Does the judiciary reserve the original right to make rules about the peoples rule making authority.

Why do they need to make political decisions?
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I think you would know that, Kenyans gave that power and if you read the room you will find majority are ver very satisfied with how the 5 have used that power.
 
Ngimanene na Muchere

Ngimanene na Muchere

Elder Lister
wrongturn said:
wameze wembe, they've been chest thumping as if they're untouchables, immune etc. They do bbi campaigns, wanapata covid then they blame common folks for being reckless. Kazi tu ni kusupply masks na kits to kemsa at inflated prices, they've been treating public money as if nobody cares.
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Oh my, terrible gavament people
 
M

Mzichi

Lister
bigDog said:
Muache kizungu Mingi. Those 5 judges living in ivory towers in Nairobi are employees of the ordinary citizens. They do not have any power to create law in this country. The citizens of this country can and will make law(including the constitution) whether or not it rubs the judiciary the wrong way.

If the judiciary wants to create law, let them get into elective politics.

The test on popularity of the proposed amendments is a decision for the electrolate to make. It's not the judges to decide whether the decision goes to the electrolyte. They don't have that power.
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Actually they do...

We can't be going to referenda just because...

They are expensive affairs and the constitution outlines the procedures to precede a referendum.

The high court runs on a constitutional mandate given by the constitution by the people.

The only route available is to argue against it in a higher court.
 
M

Montecarlo

Elder Lister
bigDog said:
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.
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You are arguing the same way a battered woman argues...you have immersed not only your emotions but also your rationale in mediocrity. In a relatively sober society, the interpretation of the law starts and ends with the courts. The executive is not insulated from such interpretations.
Uhuru's uncouth leadership has made you behave like the KANU sychophants of yester years....mzee akisema nchi imesema....
If it is a popular opinion why do we have 3 different documents? Why are portions of the population uncomfortable with it? Who did they interview to get those so called popular opinions? Why not improve the way he manages the country and be serious about corruption? Why not hire on merit as opposed to blood relations?
A change of the constitution is what will give birth to sober leadership?
My virtual friend, please apply your mental faculties a little bit more.
 
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