BBI Ruling: Official Thread

[Meria]

Martha Koome – Chief Justice: State organs have no right to activate the popular initiative. This leads to the conclusion that the popular initiative is a preserve of the citizen popularly known in Kenya as 'Wanjiku'.

 

[Thitima]

On Issue 4, CJ Koome concludes that the President can only be sued through the Attorney General; faults Court of Appeal for holding that the President can be sued personally for violating the Constitution.

Koome is whitewashing the president.

 

[Meria]

Chief Justice Martha Koome: A popular initiative is a means of direct democracy, and indeed direct democracy can only be exercised by the people not their representatives.

 

[Meria]

Concluding Issue 5, CJ holds that there was a reasonable attempt at public participation by the BBI Steering Committee (except the Second Schedule). CJ calls on Parliament to pass a law on public participation in constitutional change.

 

[Meria]

Chief Justice Martha Koome: I therefore endorse the finding by the two superior courts that the president ought not be player and an umpire in the amendment process of the Constitution.

 

[Meria]

Taking into account where we are at in our Constitutional democracy, Kenyans needed to be consulted on whether it is their wish to introduce the fourth pathway for amending the Constitution. - CJ Martha Koome

 

[Jug]

Kimeibwo

 

[Meria]

commercial break.
@Ngimanene na Muchere sioni akiwa na comeback from this carrer ending sweep.

 

[Meria]

kaburi iko tiyari

 

[Meria]

"Kesavananda cannot be applied to Kenya hook, line and sinker." Ouko CJ
"The 2010 Constitution has set up a framework which returns Kenyans to the path of democratisation. Parliament cannot return us to the pre-2010 period." Ouko SCJ

 

[Meria]

Uhuru and his brother Raila Odinga should be renamed Null and Void.

 

[Mwalimu-G]

 

[Meria]

Justice William Ouko agrees with the CJ Martha Koome on the basic structure doctrine saying findings of the lower courts are not applicable in Kenya

 

[Meria]

Ouko notes that the lower courts cast the basic structure doctrine in broad and vague terms, did not give pragmatic solutions without vagueness.

 

[Meria]

Ouko says the tiered amendment process has been effective in stopping several attempts to amend the CoK. References Okoa and Punguza popular initiative.

 

[Othello]

What do you think runs in the mind of Uhuru? Mans openly warned judges against going against the wish of Kenyans as if he is the Kenyans. Saizi ata the highest court seems to give him a middle finger.
If I was him, I'd fire the attorney general immediately.

 

[Denis Young]

From what I am reading here Koome has sanitized Uhuru's role in trying to usurp the will of the people.

 

[Meria]

Concluding Issue 2: Ouko holds that a person aggrieved by the decision of the President must either sue through the Attorney General or wait until the President leaves office. Ouko vacates Court of Appeal verdict on the issue of presidential immunity.

 

[Meria]

ssue 5; Public Participation

'There was sufficient evidence that there was public participation, except on the second schedule of the Bill...'
Justice William Ouko

 

[Meria]

Issue 4; Presidential immunity

'The High Court and Court of Appeal erred by arriving at the conclusion that civil proceedings can be instituted against the President during his tenure of office'
Justice William Ouko