WK

Advocate | Lover of life | Newly inaugurated freedom fighter

[NTV Kenya @ntvkenya]

If Senate denied Rigathi Gachagua a fair hearing, his impeachment is null and void, LSK President Charles Kanjama says.

#FixingTheNationNTV @NationFmKE @EricLatiff @MariamBishar @blinkypenguin

[Donald B Kipkorir @DonaldBKipkorir]

Cheptongei Village Tribunal Judgement:

We agree with you that your neighour cut your fence & stole your cow. We can see the cow in his compound. But we are afraid we can’t return the cow as he has fixed the fence where he had cut. But to compensate you, we will give you a goat!

Case Dismissed.

[Ndong@Conslaw @Ndonglaw043]

If my EVER HUMBLEST Registrar @joshuamalidzo said this is Judicial Nonsense, then it is so bad.

[Nelson Havi SC @NelsonHavi]

It was good that the entire judgment was read word for word and broadcasted live for ten hours to the entire Kenyan public. How else would you have understood the problems we keep pointing out daily about incompetence, misconduct and misbehavior by a Judges?

[Eric Theuri SC @etadv]

The Gachagua judgment is a political decision at best as it is legally absurd. The Constitution expressly provides that any decision in violation of rights void. The effect of impeachment is that the person cannot hold public office. So how does a decision in violation of rights for which the Court has awarded damages operate as a bar to running for office. Those are judicial gymnastics that reflect a captured court

[Joshua Malidzo Nyawa @joshuamalidzo]

Friends,
We now have a new constitutional interpretation theory from yesterday's judgment (sic):
'Nothing is easier than to say so expressly as a tool of constitutional interpretation'

🤣🤣

[Joshua Malidzo Nyawa @joshuamalidzo]

That's not a judgment!
I will not sanitize it by giving it such a name.

[Isaac Ssemakadde @IsaacSsemakadde]

@joshuamalidzo 2 weeks looks like the judges don’t intend to make any new law. Just to say: Sonko applies!

[Joshua Malidzo Nyawa @joshuamalidzo]

In matters affecting the interests of Judges, the High Court says that the JSC cannot process any complaint against judges until they enact regulations. But when it comes to Gachagua (citizens), the lack of regulations/legislation does not affect the rights.
😁🤭

[Max💫 @ayagamax]

"Twisting the law to achieve predetermined outcome. Sad."

As Ndong said, these judges are smart enough to give semi-sane judgements that even SCORK may agree with. I am tired.

[Bryson Ometo @ometo_Bryson]

Justice onguto must be turning in his grave. I expected better from Mrima lol. What a damaging judgment ,not to gachagua but to katiba.. RIGHTS THAT CANNOT BE LIMITED MEANS RIGHTS THAT CANNOT BE LIMITED. IT'S SIMPLE ENGLISH

[Profesa Ochieng Odongo MPH @OchiengOdongoKE]

I agree with my good Wakili @Ndonglaw043: Once the court found that the RIGHT TO FAIR HEARING had been violated, the court had no option but to INVALIDATE the effect of that impeachment✅

RIGHT TO Fair hearing is a NON-DEROGABLE right under Article 25 of KATIBA and THAT right to a fair trial/hearing cannot be limited or suspended, even during impeachment😭😭😭😭😭😭

It’s a foundational rule of natural justice aka AUDI ALTERAM PARTEM kwa LUGA MUFTI YA KILATINO: In Kisungu, it means “HEAR THE OTHER SIDE.”✅

Courts don’t have discretion to “forgive” breaches of non-derogable rights neither can they BUY that right from JOFRI at a paltry KES 50M❌

Bye JOFRI, this is a great political judgement with NO blood of LAW😭

JOFRI is NO
Judgment is Smol YES
William is YES

[KTN News @KTNNewsKE]

Lawyer Evans Ndong': Once the court found that the right to a fair hearing had been violated, the court had no option but to undo the effect of that impeachment. We may not like Rigathi Gachagua, but we cannot butcher the constitution in the manner the three-judge bench did today.
@thejesserogers
#KTNPrime

[Joshua Malidzo Nyawa @joshuamalidzo]

Sometimes the judges need to be to told in black and white. Ndegwa did it for us.

[Caxstone P. Kigata @CaxstonePKigata]

RIGGY G. PRECEDENT IN SUMMARY

"This court finds the accused’s right to a fair hearing was grossly violated in the murder trial. However, we uphold the death sentence imposed but award the accused Ksh.50M to vindicate the Constitution for breach of his rights to fair hearing”

[Ndong@Conslaw @Ndonglaw043]

Rigathi Gachagua can go home YES but not at the Expense of BUTCHERING ARTICLE 25. This is akin to the BBI finding on the Basic Structure Doctrine.

[Donald B Kipkorir @DonaldBKipkorir]

Constitutional Division of our High Court holds that the Constitutional Rights of Gachagua were violated but proceeds to compensate him for the violation instead of annulling the process. The High Court has given the Court of Appeal an easy bifurcated choice: affirm the violation & nullify the impeachment or set aside the alleged violation & confirm the impeachment.

The decision of the High Court is a judicial absurdity: REDUCTIO AD ABSURDUM!

[🇰🇪 James WaNjeri @JamesKWaNjeri]

I miss when our High Court had Mumbi, Lenaola, Mativo etc. you’d get good well thought out decisions. Today’s impeachment decision should be quoted alongside Biwott’s on how judges can just bump into dark corners of their own making and arrive at a thing called a judgment

[Migai Akech @MigaiAkech]

A flawed process can only produce a flawed outcome. No fair hearing, no fair outcome. The only remedy in such a case is for the court to void the process and its outcome, and order the decision-maker (Senate in this case) to make a fresh decision.

[Edu @EduSheru]

What an absurd and dangerous precedent set by this Rigathi Gachagua case. Dangerous 💀 ☠️