Happening Now: BBI court ruling.

[Montecarlo]

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.

Just go back to school.
Law making is EXCLUSIVELY the responsibility of PARLIAMENT....stop this ignorance.
Law INTERPRETATION is the preserve of the JUDICIARY....
Law EXECUTION is the preserve of the EXECUTIVE...
Don't interpret the functions of government based on your biases and prejudices. You and your kind are the reason psychotic leaders thrive in third world countries.

 

[It's Me Scumbag]

You are arguing the same way a battered woman argues...
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.

How did that happen? It only means that this document faced oposition right from inside the kafment...

 

[Mzichi]

Nimesema hapo juu hii ni kupaka a random animal rangi ya ink.

Constitution making is a political decision and not a judicial one. A political expedient decision will override the more logical or financial decision at any time. A judiciary that lives in the utopia devoid of politics and economic realities is dead on arrival.

The judiciary functions on borrowed power. The citizens donate their law making ability to to the legislature, law enforcement to the executive and finally, law interpretation to the judiciary. The judiciary cannot purport to be superior to any of the other branches of the government. They cannot be seen to oppose popular constitutional amendments. Undue interference by the judiciary on law making will negatively impacts it's ability to successfully arbitrate our conflicts.

The judiciary should pick it's fights wisely. If you fight the populace, they will give you the middle finger. They will say, "Give us Barnabas". Have those officers forgotten about the Ringera-Kiraitu led purge on judiciary?

The Judiciary is an arm EQUAL to the executive and legislature

There's is a very clear mandate, to defend the constitution.

The rule of law is a testament of the people's sovereignity.

Let the executive fight it out in the courts.

That UHURU failed the test of integrity here, is VERY clear.

The BRIBING, the mis-use of public funds, the assembling of illegal committees under the tax payers cost... OUTSIDE of presidential mandate.

We need all arms of government to keep each other in check.

 

[Mzichi]

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.

Not opinion, ruling.

County assemblies are just part of the steps required for a referendum.

The constitution must be adhered to. The Court found UNANIMOUSLY that it was not.

Mac's were literally bribed!!!!

 

[Ngimanene na Muchere]

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.

Wueh, hii ni noma

 

[Ngimanene na Muchere]

Just go back to school.
Law making is EXCLUSIVELY the responsibility of PARLIAMENT....stop this ignorance.
Law INTERPRETATION is the preserve of the JUDICIARY....
Law EXECUTION is the preserve of the EXECUTIVE...
Don't interpret the functions of government based on your biases and prejudices. You and your kind are the reason psychotic leaders thrive in third world countries.

Noma sana

 

[Mzichi]

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.

This one isn't even in the same realm as the Maraga Ruling.

The procedures here are binding and part of the process.

You see, referenda isn't supposed to be an easy route.

The people need to understand what they are required to change, and why. Not in political rallies, but actually taught

The outcome was affected because the law was breached from the word go.

An unconstitutional procedure cannot birth a constitution

 

[imei2012]

Final comment on this matter....
Mans from ishaweriii just wanted to rule his last term bila trouble, he needed a toy to distract the master chief welder and what a great toy than a chequed handshake and a constitutional reform to keep him busy ! But then suddenly uunye (after some whispers in his ear) then suddenly made an about turn and owned the process even started shepherding it .... until yesterday's reggae was finally stopped or paused depending on who you ask!!
All is not lost though he can quietly finish his term(the family business position is already solidified and fortified) and leave welder to fight his demons or he can try to fight it ! either way WANJIKU will win....

 

[Ngimanene na Muchere]

Just go back to school.
Law making is EXCLUSIVELY the responsibility of PARLIAMENT....stop this ignorance.
Law INTERPRETATION is the preserve of the JUDICIARY....
Law EXECUTION is the preserve of the EXECUTIVE...
Don't interpret the functions of government based on your biases and prejudices. You and your kind are the reason psychotic leaders thrive in third world countries.

He is bias free and a critical thinker

 

[Ngimanene na Muchere]

This one isn't even in the same realm as the Maraga Ruling.

The procedures here are binding and part of the process.

You see, referenda isn't supposed to be an easy route.

The people need to understand what they are required to change, and why. Not in political rallies, but actually taught

The outcome was affected because the law was breached from the word go.

An unconstitutional procedure cannot birth a constitution

The process and procedures don't matter, so the gavament people say

 

[bigDog]

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 .

Tulilala na tumeamka. Can you undress anyy concerns of the concerned I raised above? Who told the Kenyan judiciary that it can be a political decision maker?

In my books, we don't revisit judicial decisions! We let them be! We always revisit political decisions. That's why we kick out those A-level @$$hoes out of office every five years. Those judges should have ensured we danse the right reggae. Not stop from dancing!

 

[Ngimanene na Muchere]

Final comment on this matter....
Mans from ishaweriii just wanted to rule his last term bila trouble, he needed a toy to distract the master chief welder and what a great toy than a chequed handshake and a constitutional reform to keep him busy ! But then suddenly uunye (after some whispers in his ear) then suddenly made an about turn and owned the process even started shepherding it .... until yesterday's reggae was finally stopped or paused depending on who you ask!!
All is not lost though he can quietly finish his term(the family business position is already solidified and fortified) and leave welder to fight his demons or he can try to fight it ! either way WANJIKU will win....

That family business should be quietly and surgically revisited by next gavament

 

[Mzichi]

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.

This approach I heard the good professor take isn't fully accurate... I bet he knows it.

You cannot take the approach that what is not expressly forbidden is allowed.

That isn't fully accurate. The philosophy of the Spirit of the law supercedes this logic every time.

What is the law intended to do?

Even if not expressly stated, the Spirit of the law must be defended.

That's why they relied heavily on precedence and the history of the different laws in question.

 

[Ngimanene na Muchere]

Tulilala na tumeamka. Can you undress anyy concerns of the concerned I raised above? Who told the Kenyan judiciary that it can be a political decision maker?

In my books, we don't revisit judicial decisions! We let them be! We always revisit political decisions. That's why we kick out those A-level @$$hoes out of office every five years. Those judges should have ensured we danse the right reggae. Not stop from dancing!

We know you're hurting, the judges addressed Konyagi by name not by title to remove the political bias out of it.

 

[Patricia kihoro Mwangi]

He is bias free and a critical thinker

@bigDog

 

[Ngimanene na Muchere]

@bigDog View attachment 35338View attachment 35339

Ouch

 

[bigDog]

The Judiciary is an arm EQUAL to the executive and legislature

There's is a very clear mandate, to defend the constitution.

The rule of law is a testament of the people's sovereignity.

Let the executive fight it out in the courts.

That UHURU failed the test of integrity here, is VERY clear.

The BRIBING, the mis-use of public funds, the assembling of illegal committees under the tax payers cost... OUTSIDE of presidential mandate.

We need all arms of government to keep each other in check.

Mkubwa, we may disagree on the merits of a decision(what should be done). But let's not be overlay procedural on rules(how it's done).

I stand to be collected, but I don't see how a decision of 5 people can override 3 million signatures, 43 county assemblies, both houses of Parliament and the executive.

 

[Ngimanene na Muchere]

Mkubwa, we may disagree on the merits of a decision(what should be done). But let's not be overlay procedural on rules(how it's done).

I stand to be collected, but I don't see how a decision of 5 people can override 3 million signatures, 43 county assemblies, both houses of Parliament and the executive.

You will be collected, when process and procedure is not followed. The minority is protected from the tyranny of the majority by the courts.

 

[wrongturn]

You will be collected, when process and procedure is not followed.

hehehe hurumia jamaa, he's still in shock

 

[Patricia kihoro Mwangi]

hehehe hurumia jamaa, he's still in shock

The guy keeps asking the same questions in different ways from yesterday evening. @bigDog get some sleep and everything will be alright