Maswali haya yameulizwa mahali
- Thread starter Mwalimu-G
- Start date
Field Marshal
Elder Lister
Mimi my stand still remains: Even a dog elected by millions of sane people has more legitimacy in the governance of men than an individual selected through backroom deals by a dozen people.
There's a reason why the president is the C-in-C. The buck stops with him, not some kizungu mingi judge.
There's a reason why the president is the C-in-C. The buck stops with him, not some kizungu mingi judge.
Mwalimu-G
Elder Lister
Prima Facie: High Court Bars JSC from Acting on Uhuru's Integrity Report on 6 Rejected Judges
2 hours ago by Naomi Wandede
High Court Judge James Makau issued orders prohibiting the report's publication on the refusal to appoint the six judges Justice Makau also issued a directive barring the JSC from convening any meeting to take action against the judges adversely mentioned in the report The orders follow a petition by Bernard Odero Okello, who moved to court saying President Uhuru Kenyatta discriminated against the six judges
The High Court has barred the Judicial Service Commission (JSC) from acting on President Uhuru Kenyatta's integrity report on six rejected judges. Justice James Makau barred the JSC from convening in a meeting. Photo: Milimani Courts.
Similarly, the court has issued orders prohibiting the report's publication. “I have considered the application, and I'm satisfied that the petitioner has demonstrated a prima facia case,” the court ruled.
Justice James Makau barred the JSC from convening any form of meeting to take action against the officers adversely mentioned in the report by the president.
The orders follow a petition by Bernard Odero Okello, who moved to court saying Uhuru discriminated against the six judges. Okello further argues that Article 166 (1) b of the constitution provides that the president shall appoint all other judges according to JSC's recommendation.
The six rejected judges include Justice Weldon Korir, George Odunga, Agrrey Muchelule, Joel Ngugi, Omange, and Makori.
In another petition filed by a Nakuru doctor, the names of Chief Justice Martha Koome, Attorney General Paul Kihara Kariuki, and the appointed 34 judges have been struck out from the case challenging the appointment of the 34 judges.
The parties had been sued in their personal capacity, with the 34 judges named as interested parties. Makau directed that the file be forwarded to the chief justice for empanelment of judges to hear the case. In the case, Magare Gikenyi Benjamin filed a petition in court challenging the appointment of the 34 judges saying it's unconstitutional.
The doctor wants the court to compel the Chief Registrar of the Judiciary alongside the Chief Justice to swear in the four Judges, and two Magistrates left out by the President in the gazette notice where he appointed 34 Judges. Benjamin wants Justices George Vincent Odunga, the six rejected judges to be deemed to have been dully gazetted and appointed within the meaning of Article 166 (1) of the constitution. The matter will be mentioned on 28 June.
2 hours ago by Naomi Wandede
High Court Judge James Makau issued orders prohibiting the report's publication on the refusal to appoint the six judges Justice Makau also issued a directive barring the JSC from convening any meeting to take action against the judges adversely mentioned in the report The orders follow a petition by Bernard Odero Okello, who moved to court saying President Uhuru Kenyatta discriminated against the six judges
The High Court has barred the Judicial Service Commission (JSC) from acting on President Uhuru Kenyatta's integrity report on six rejected judges. Justice James Makau barred the JSC from convening in a meeting. Photo: Milimani Courts.
Similarly, the court has issued orders prohibiting the report's publication. “I have considered the application, and I'm satisfied that the petitioner has demonstrated a prima facia case,” the court ruled.
Justice James Makau barred the JSC from convening any form of meeting to take action against the officers adversely mentioned in the report by the president.
The orders follow a petition by Bernard Odero Okello, who moved to court saying Uhuru discriminated against the six judges. Okello further argues that Article 166 (1) b of the constitution provides that the president shall appoint all other judges according to JSC's recommendation.
The six rejected judges include Justice Weldon Korir, George Odunga, Agrrey Muchelule, Joel Ngugi, Omange, and Makori.
In another petition filed by a Nakuru doctor, the names of Chief Justice Martha Koome, Attorney General Paul Kihara Kariuki, and the appointed 34 judges have been struck out from the case challenging the appointment of the 34 judges.
The parties had been sued in their personal capacity, with the 34 judges named as interested parties. Makau directed that the file be forwarded to the chief justice for empanelment of judges to hear the case. In the case, Magare Gikenyi Benjamin filed a petition in court challenging the appointment of the 34 judges saying it's unconstitutional.
The doctor wants the court to compel the Chief Registrar of the Judiciary alongside the Chief Justice to swear in the four Judges, and two Magistrates left out by the President in the gazette notice where he appointed 34 Judges. Benjamin wants Justices George Vincent Odunga, the six rejected judges to be deemed to have been dully gazetted and appointed within the meaning of Article 166 (1) of the constitution. The matter will be mentioned on 28 June.
Kasaman
Elder Lister
True, very true . The president has NIS and other agencies to rely on ,they have advised him and it's not over
Field Marshal
Elder Lister
These guys are dealing with a softie. Wacha wakutane na Ruto watakipata. We will advise the then president to take some actions that will leave them reeling in shock and disbelief.
* Appointment of better, non-corrupt judges from the Commonwealth.
* More active of the JSC to remove deadwood.
* Use of NIS to dig up old scams of ALL judges.
*Removal of personal security.
ETC. Tuone watafanya nini..........................
Ngimanene na Muchere
Elder Lister
Gavament people and turncoats hawajaona hii?
Mr Black
Elder Lister
It is a smart move when you know what you want, in this case set a precedent where future presidents have no option but appoint every judge as recommended and file for removal if suitability issues arise.
The petitioners have clear goals, Kenyatta on the other hand doesn't seem to know what he wants, if he wanted them out he would have filed for their removal 2 years ago or even a week ago, going by CJ Koome's insistence that he appoints and swears them in it seems he hasn't filed whatever reports he has.
The petitioners have clear goals, Kenyatta on the other hand doesn't seem to know what he wants, if he wanted them out he would have filed for their removal 2 years ago or even a week ago, going by CJ Koome's insistence that he appoints and swears them in it seems he hasn't filed whatever reports he has.
ShakaZulu
Lister
I do not support uhuru here, he has been sitting on that list for two years. He should have tabled that report a long time ago or at least before the swearing in of all. What he is trying to do with judges is the same political game we have been seeing in jubilee party of late. His actions are not sincere they are meant to intimidate and instill fear.
It's Me Scumbag
Elder Lister
He should have used the alleged reports to cobertly get the judges to resign and appoint judges sympathetic to him,his policies and legacies.
That way,BBI would hVeen a foregone conclusion and adjudged legal...
But what do I know,I am not his advisor.
Denis Young
Elder Lister
Why are people overreacting to this? The premise is very simple. The constitution does not provide for a reverse gear to the issue of appointment of judges. The dossier should have been provided before the recruitment of judges. The president cannot therefore purport to suddenly have integrity questions after the process has been complete.
If there is an amendment that is needed is that which says, if the judges are not appointed after 30,60,90 days the are automatically considered to have been appointed.
If there is an amendment that is needed is that which says, if the judges are not appointed after 30,60,90 days the are automatically considered to have been appointed.
It's Me Scumbag
Elder Lister
And an amendment to give the president a way out should he have reservations abput a judge(s)
Denis Young
Elder Lister
That is already there in the constitution. Either alete wakati wa interview or after appointment atengeneze tribunal.
Imagine if the president said he won't appoint the CJ. The SC would be without its head.
In 2015, uhuru claimed he had a list of governors, MPs, and members of cabinet implicated in graft. He even asked them to step aside. Do we have a single member found guilty?
2018, the same uhuru gets intel implicating judges. In 2021, some of those implicated have been cleared thru the mysterious ways of God, and others found their way there
#Wanamutheri
2018, the same uhuru gets intel implicating judges. In 2021, some of those implicated have been cleared thru the mysterious ways of God, and others found their way there
#Wanamutheri
So we should be accusing others falsely if we dont like them(and not give them a chance to be heard) so that they can resign right? #Wanamutheri
bigDog
Elder Lister
I exercised my right and elected the president. He must not and be a rubber stamp to an unelected body. Both the Presidency and legislature should be able to veto JSC decisions. We don't elect judges. They can't rule over us without our express authority. There are places where judges are elected into office. Tuwache kizungu mingi. If a judge thinks he is too much smart for us, apige kiatu aende into a society that he thinks is suitable for him.
Elections matter.
Elections matter.
Mr Black
Elder Lister
Enough said.