ABC

🚩
walking red flag

[ABC @Vic_Jr_]

It comes down to one simple thing. How bad do you want it?

[NTV Kenya @ntvkenya]

David Maraga: The right to a fair hearing is sacrosanct. The court finds that Gachagua was not given a fair hearing...In my view, after that finding, the inevitable conclusion would have been to annul that impeachment.

[Central Bank of Kenya @CBKKenya]

Press Release: Monetary Policy Committee Meeting

[BBC News (World) @BBCWorld]

Kenyan police fire tear gas at protest against US Ebola quarantine centre plan https://t.co/7AxWgDD9Tp

[Faith Odhiambo @FaithOdhiambo8]

Yesterday's High Court judgment on the impeachment of H.E. Rigathi Gachagua raises serious and legitimate questions that our constitutional jurisprudence must grapple with honestly. The three-judge bench found that the Senate violated the former Deputy President's right to a fair hearing under Article 50 of the Constitution specifically by declining to grant an adjournment when he was unable to attend the proceedings. The court acknowledged that violation, issued a declaratory order and awarded Ksh.50 million in constitutional damages. Yet the bench ultimately upheld the impeachment itself. I respect the court and the constitutional role it plays. But I believe this outcome calls for serious reflection on the coherence of our remedial framework.

The tension in the judgment lies in this, if the Senate's refusal to adjourn was a constitutional infirmity serious enough to warrant a finding of violation and a Ksh.50 million award, then the question that naturally follows is whether that infirmity was capable of tainting the entire removal process. The right to a fair hearing is not procedural decoration. It is a substantive constitutional guarantee, particularly in proceedings that result in the removal of a person from high public office. Courts must therefore grapple carefully with what it means to vindicate a right while simultaneously affirming the outcome that flowed from its violation. It is a difficult balance and I appreciate that the bench was navigating complicated constitutional terrain.

It is instructive to recall the reasoning of the Supreme Court in the landmark 2017 presidential election petition delivered by the then Chief Justice David Maraga. The court, in a 4-2 majority, nullified the presidential election not on the basis that the outcome was necessarily wrong but on the basis that the process through which it was arrived at did not conform to the Constitution and the law. The court found that irregularities and illegalities in the transmission of results had compromised the integrity of the election and that the constitutional standard required more than a plausible result, it required a process that was itself constitutionally compliant. That principle that a flawed process cannot produce a constitutionally valid outcome remains a pillar of our public law.

When we place that 2017 reasoning alongside yesterday's judgment, a legitimate concern emerges. Both cases involved constitutional violations in the course of a high-stakes removal or electoral process. In 2017, the violation of constitutional standards was sufficient to nullify the result entirely. Yesterday, a violation of the right to a fair hearing was found, remedied in damages but the result was preserved. These are not necessarily irreconcilable positions, courts do have discretion in fashioning remedies but the distinction must be clearly reasoned and transparently justified because the precedent being set will govern how future impeachments are conducted and how future courts respond to violations within those processes.

My concern is about the precedent this decision may establish. If a constitutional violation during impeachment proceedings can be remedied by damages without disturbing the outcome, future Parliaments and Senates may not feel the full weight of their constitutional obligations when handling removal proceedings. The court itself noted the urgent need for Parliament to enact a dedicated statutory framework under Article 150 governing the removal of a Deputy President which is a legislative gap that should never have existed this long. That recommendation must not be ignored. A constitutional democracy is built on the integrity of its processes not merely its outcomes. We must ensure that the right to a fair hearing in Kenya remains substantive and not merely symbolic.

[BBC News (World) @BBCWorld]

Kenya's ex-chief justice arrested at protest against building on national park https://t.co/Q8A8XLVYZ8

[Finance Historian|Investor|Farmer @BoardLotSultan]

WPPScangroup AGM just ended. 🚨High darama AGM!
-The best AGM I have ever attended.
-Tense at the beginning but great management by Chair Richard Omwela.
-Presentation by
@bharatthakrar
was for goosebumps.
-Bharat was allowed to do presentation un-interupted for 30+minutes. What a show. Total deference by the board
-Total failure by WPP representatives to attend is disrepectful to local shareholders
-3 Directors proposed for election by WPP also did not show up to be introduced. WTF.
-Secret revelation by Bharat Thakrar. WPP have given him a poison pill[ If you want your company back, pay us 56% of cash held. 56% of 2b= 1.2b]
Read about it all on my substack - link in bio

[NTV Kenya @ntvkenya]

State plans eCitizen data sale to boost revenue https://t.co/mFuNVLkCyN

[Citizen TV Kenya @citizentvkenya]

Machakos: Man suspected of inciting mob that killed three men detained https://t.co/sCYFdvLzjp

[Kenyans.co.ke @Kenyans]

High Court suspends NTSA smart driving licence and automated traffic fine system

[Okiya Omtatah Okoiti @OkiyaOmtatah]

Affordable housing cannot become a cover for land grabbing.

The Auditor General has flagged projects built on public and community land without proper ownership records, legal processes, or public participation. Kenyans deserve answers.

I have formally demanded a Senate inquiry. Public land is not for plunder. Accountability must come before construction. #StopLandGrabbing #ReKe

[Office of The Director Of Public Prosecutions @ODPP_KE]

PRESS STATEMENT

DPP APPROVES CHARGES IN MANZIL TOWERS COLLAPSE CASE.

#HakiNaUsawa

[The Africa Report @TheAfricaReport]

Kenya: Shaky tourism sector fears Ebola facility will cripple industry https://t.co/P0FSMH0UkW

[EACC @EACCKenya]

𝗘𝗔𝗖𝗖 𝗦𝗘𝗔𝗥𝗖𝗛 𝗢𝗣𝗘𝗥𝗔𝗧𝗜𝗢𝗡 𝗔𝗧 𝗧𝗛𝗘 𝗥𝗘𝗦𝗜𝗗𝗘𝗡𝗖𝗘 𝗢𝗙 𝗣𝗔𝗧𝗥𝗜𝗖𝗞 𝗔𝗡𝗔𝗟𝗢, 𝗖𝗛𝗜𝗘𝗙 𝗢𝗙𝗙𝗜𝗖𝗘𝗥 𝗢𝗙 𝗨𝗥𝗕𝗔𝗡 𝗔𝗡𝗗 𝗣𝗟𝗔𝗡𝗡𝗜𝗡𝗚 𝗔𝗧 𝗧𝗛𝗘 𝗡𝗔𝗜𝗥𝗢𝗕𝗜 𝗖𝗢𝗨𝗡𝗧𝗬 𝗚𝗢𝗩𝗘𝗥𝗡𝗠𝗘𝗡𝗧

[Kenyans.co.ke @Kenyans]

Section of Imenti Forest to be cleared for construction of Meru State Lodge, airstrip and golf course

[NTV Kenya @ntvkenya]

MPs reject US Ebola quarantine facility at Laikipia Airbase https://t.co/fTSfjUleFW

[Kenyans.co.ke @Kenyans]

EACC seizes millions in cash stashed in suitcases during raid on a Nairobi County Official’s home

[The New York Times @nytimes]

Breaking News: The House voted to end the war in Iran, as four Republicans sided with Democrats in a striking rebuke to President Trump. https://t.co/Oeeox0iq9q

[KTN News @KTNNewsKE]

The issuance of a Kenyan identity card to a foreigner who vows that never requested it shines a spotlight on the rot in the office that bestowed this important responsibility. Bosnian national Zlatko Gegic told the High Court that he was given a Kenyan ID card after he requested a residence permit.
https://t.co/Gxmew53qkM

[NTV Kenya @ntvkenya]

PayPal freezes, blocks Kenya accounts in money-laundering fears

https://t.co/oWbzamt5KF

[Katiba Institute @katibainstitute]

Court Update:

The High Court has granted conservatory orders restraining the Government from establishing, operationalising, facilitating, approving, or permitting any Ebola quarantine, isolation, exposure, or treatment facility in Kenya pursuant to the challenged arrangement with the United States or any other foreign government pending the hearing and determination of the petition.

The Court has further prohibited the admission into, transfer to, receipt within, or facilitation of entry into Kenya of persons exposed to or infected with Ebola under the challenged arrangement.

The Court has also compelled the Respondents to disclose all agreements, negotiations, approvals, risk assessments, and operational protocols relating to the proposed facility and arrangement within 7 days.

These orders maintain the current state of affairs, prevent irreversible actions from being taken before constitutional scrutiny, and ensure transparency and public accountability in a matter raising significant concerns about public health, sovereignty, and constitutional governance.

.@joshuamalidzo .@NoraMbagathi