Having listened to the entire proceedings today, that is a preposterous judgement. I am gravely disappointed by the reasoning of that bench. It sets jurisprudence back in 350 pages.
Lakini on a serious note wth was that? Hata hawajali they’re creating a precedent. Not a fan of Gachagua at all but as a big fan of the Kenyan Constitution I am flabbergasted by the implication of that holding.
Yes I will write about the Judgment (Tonight, if I get the judgment). But with all due respect, this is judicial nonsense. It is a treason against the Constitution and it must be called out; openly and bluntly.
It is not about Gachagua, it is about a Judiciary that is going down
The battle at the Court of Appeal will turn on whether violating a non-derogable right under Article 25 can be remedied by award of damages. What does non-derogable mean?
High Court got it so wrong on so many (elementary) issues in this Gachagua case.
Unfortunately, the main & ultimate damage is to the Constitution & not just to Riggy G.
That is why we should all be concerned.
Worse the overall posture of @Kenyajudiciary of late is concerning!
You give the State a leeway to abuse the right to a fair trial and we’re going to see wonders. It will be abused, and the State will simply opt to pay damages instead going forward. That is disappointing from the very people tasked with guarding the Constitution.
This same bench lifted the conservatory orders and said they had powers to undo any harm. Now they are saying that their hands are tied.
What is happening?
Why did you lift the conservatory orders then?
FINAL NAIL:
1. GACHAGUA STANDS IMPEACHED PER 175(3) OF THE COK
2. FAIR TRIAL RIGHTS WERE VIOLATED & KSHS 50M IS AWARDED
Thank you.
The Updates were posted as they came.
There was a time when I would sit through rulings like these hoping and praying for the best on behalf of the Enigma.
I wouldn't focus on work or anything else. My mind would be completely fixed on the outcome.