In today's Standard newspaper, I argue that;
1. Once a judge has all the facts, all the issues, and the applicable law, there is only one legitimate direction; forward, through reason, to a conclusion that those inputs can honestly support. A judge who arrives somewhere else must explain how he got there, and the record must be capable of providing that explanation.
2. Decisional independence doesn't mean applying the law mechanically. It means applying the correct legal reasoning for the correct output.
3. Decisional independence is the freedom to reason. It is not the freedom to abandon reason.
4. Appeal corrects the error for the litigant but does nothing to hold the judge accountable for producing the wrong decision in the first place.
@NelsonHavi@ehdande@ahmednasirlaw@joshuamalidzo@Ndonglaw043@StandardKenya
On this issue, I make the following observations:
1. If Advocates are to be barred from rendering legal services to the Government and its institutions, then, by parity of reasoning, the Government should equally refrain from engaging any external professionals, whether consultants, accountants, engineers, financial advisers, or other specialists.
2. How then would the Government handle highly specialised transactions and assignments requiring expertise beyond the capacity of in-house teams?
3. Transactions such as sovereign financing, Eurobond issuances, public offerings, and major infrastructure projects have historically involved external advisers, including international law firms and other professional consultants.
4. It is therefore imperative that this appeal be pursued vigorously. Any outcome that selectively excludes advocates from providing professional services to Government, while permitting the engagement of other external professionals would be discriminatory.
Good luck sir.
Assume one morning Parliament goes rogue and impeaches a President duly elected by millions of Kenyans.
Senior Counsel Abdikadir says: “Impeachment is a political process. Courts cannot interfere.”
The Court says: “Yes, the President’s rights may have been violated, but he remains impeached. We shall award compensation.”
Make it make sense.
If an unconstitutional impeachment cannot be reversed, then what exactly is the Constitution protecting?
@RealNate08 1. Habibi Cafe along Koinange Street
2. Amka Cafe along Standard Street
3. Zaman Cafe along Banda Street
4. CJs, Koinange Street
5. Al-Yusra, Posta
@TribesofE@Brianmbunde I don’t know where you guys eat your shawarma but I know restaurants like Habibi Cafe which have gone to great lengths of bringing in Syrian chefs from Damascus to just prepare shawarma and other Arabic dishes.
In today's Standard newspaper, I argue that;
1. Once a judge has all the facts, all the issues, and the applicable law, there is only one legitimate direction; forward, through reason, to a conclusion that those inputs can honestly support. A judge who arrives somewhere else must explain how he got there, and the record must be capable of providing that explanation.
2. Decisional independence doesn't mean applying the law mechanically. It means applying the correct legal reasoning for the correct output.
3. Decisional independence is the freedom to reason. It is not the freedom to abandon reason.
4. Appeal corrects the error for the litigant but does nothing to hold the judge accountable for producing the wrong decision in the first place.
@NelsonHavi@ehdande@ahmednasirlaw@joshuamalidzo@Ndonglaw043@StandardKenya
A new generation is telling the story of Northern Kenya differently, bold, confident, informed, and unapologetically authentic.
This is the cool 😎 side of the North!
Today, our young Gen Z reporter Abass Osman takes you through beyond the stereotypes to show a region full of…
Have you ever been to the Kenya–Somalia border? Here is your chance to see the border!
The Kenya–Somalia border stretches for about 680km and borders the counties of Mandera, Wajir, and Garissa. Yet for many people, it has mainly been defined by headlines about insecurity.
1. Cafe NBO
2. Artisan Blend Cafe
3. Habibi Haven
4. The Village
5. Biryani Darbar
6. Mondo Grill
7. Tamar
8. Zaman Cafe
Number 4 will cost you a fortune but you won’t regret ever visiting the place.
Early evening visit by Xamud Osman;#IGAD Peace & Security Officer in Addis Office. Used the opportunity to update myself on Regional stability issues, status of various mediation processes and early warning in force and anticipated.
Thanks Adheer for the kind gesture;Good luck.
@officialEFAB@JohnMbadiN@KeTreasury@KenyaGovernors Excellent performance Hon CS and our able CEO.
I’ve always maintained that EF is an avenue for National Govt presence to showcase bottom up priority interventions.These lessen disparities at the Community settings.
Waziri,much obliged for leading from the front!