I was never prepared to receive news regarding the loss of my student. Wish I could speak more but I've been speechless thus far.
Rest in Peace Alvin Machoka, my friend.
The 3 judge bench in the Procurement of external counsel 5(2)(b) ruling (for lack of a better word) has again called out the office of the AG for lack of participation despite being served.
What is going on in that office? I dont remember a single reign that the AG was called out this much. Again, the lack of participation in critical public interest matters is alarming.
We can do better.
It is not well. Do those kids in custody really know the pain they caused to these parents? Those terrorists should never taste freedom again. May God be with all the grieving families.๐๐๐
Having substantively looked into the Civil Lit dilemma, I have arrived at the following conclusions.
1. The fact pattern screams constitutional violations from start to the finish. The only item outside that is negligence of the media station (a) to present the orbituary without presentation of a death certificate; and (b) not capturing the details of the intruder (Alfred). This issues can however still be raised within the petition and appropriate remedies sought.
2. But mwalimu, the Wanjigi case at the CoA was dismissed yet it was instituted vide a petition. We should go for a Plaint. Not necessarily, the claim was not overturned due to the nature of pleadings but by the omission of evidence the court deemed crucial. 1, children were not joined as parties within the claim, and 2, there was no evidence produced to demonstrate psychological torture. Nothing stops you (the student) from annexing such documents to evidence this issue. The former can be cured by having the children as parties (with their initials ofcourse).
3. Being a petition ofc, allows you to explore every remedy plausible on planet earth.
4. Legal Opinion issues screams "considerations before filing suit. "
5. I hold and continue to hold that defamation cannot be a viable CoA with respect to the proceedings. Nothing can be demonstrated as being injurious to reputation within the precincts of the fact pattern.
Kazi kwisha.
@_ngaowilson Besides, that SCORK pronouncement relied upon was obiter. Secondly, this was a matter involving impeachment of deputy president, the first of its kind.
What an opportunity missed!
IN 2010 I was with Spain all the way, Wonโ . 2014 predicted Germany, Wonโ . 2018 predicted France (though to the surprise of many I switched to Croatia after they beat Argentina 3-0 Group stages) Wonโ . Fifa World Cup 2022 I go w 2 teams; Argentina and Netherlands.
Warsame J in his interview for the position of Judge of the supreme court stated that judgments must always speak to Wanjiku.
Is Wanjiku still following a 3 hour submission on the petitioner's case? Unfortunately the court is so repetitive on uniform issues raised by the petitioners. 3 hours?
I am afraid our CJ is wrong. Again, such pronounciations should never be made especially being that such a matter will inevitably soon be live before SCORK.