omugah

fortis fortuna adiuvat. COYG

[Okiya Omtatah Okoiti @OkiyaOmtatah]

STATEMENT ON CONTRADICTING HIGH COURT DECISIONS ON THE DATE OF ELECTIONS - HIGH COURT CONSTITUTIONAL PETITION NO. 368 OF 2018

Fellow Kenyans,
In my continuous pursuit to uphold constitutionalism and strict adherence to the law, I filed a petition in 2018 alongside Nyakina Wycliffe Gisebe against the Attorney General and the Independent Electoral and Boundaries Commission (IEBC). Our position then was, based on a calculation of time under Article 101(1) and related provisions, the correct date for the general election ought to have fallen in August 2021 specifically, four years after the 2017 elections, rather than pushing it to 2022.
On 26th November 2020, the High Court (Hon. Justice Weldon Korir) dismissed our petition with costs. It is important for the public to understand the clear judicial reasoning given by the court for this determination:

Constitutional Harmony & Full 5-Year Tenure:
Justice Korir highlighted that the Constitution mandates that all elected officials (the President, Governors, MPs, and MCAs) serve a full five-year term and be elected on the exact same date. Accepting my interpretation would have truncated the terms of sitting elected officials down to four years, producing an absurdity that goes against a holistic and purposive interpretation of the Constitution.

Computation of Time:
Relying on Article 259(5)(c) and binding Court of Appeal precedent (Attorney-General & another v Andrew Kiplimo Sang Muge & 2 others), the Court affirmed that a 5-year cycle counted from the August 8, 2017 election ends on the second Tuesday of August in the fifth year—which firmly established the next general election date as 9th August 2022.

Precedent and Futile Litigation:
The learned judge noted that the legal question regarding the election cycle had already been authoritatively determined by the Court of Appeal in November 2017, nearly a year before my petition was lodged. Consequently, the High Court held that litigating settled law caused unnecessary expense to taxpayers, warranting an award of costs against the petitioners.
While I took a different legal view at the time, I respect the rule of law and the constitutional boundaries set by the courts.
True public interest litigation requires pushing the boundaries of legal interpretation, accepting judicial rulings gracefully when established precedent prevails, and continuing to defend the Constitution within the parameters set by our judicial system.

[omugah @comuga12]

@marylou916 Happy birthday Robert

[Dr. Eng. John Mativo CP³P @MativoMJohn]

Road speed limit is an engineering design principle and “not arbitrary numbers”.

Engineers at @ntsa_kenya and @KURAroads please kindly share your design calculations and associated assumptions that enabled you to end up with this number “30 kph” as the speed limit on Likoni road.

Let’s talk Engineering to Engineering.

[omugah @comuga12]

@Honcalebamisi Nowhere did he say August 2026. So be patient

[ONJOLO KENYA🇰🇪 @onjolo_kenya]

They cut down the acacia trees this week at Kenyatta National Hospital. The marabou storks that had nested there for decades didn’t have anywhere to go😭😭😭. Some died. Some got injured. All because nobody thought to check what was living in those branches first.

This is what happens when “development” skips the wildlife-sensitivity conversation entirely. Nairobi keeps growing, but does it have to keep growing over everything else that was already here?

Environmental assessments before tree removal shouldn’t be optional. They should be law am speaking for them, can someone hear me please 😭😭😭

[omugah @comuga12]

The united opposition wale tumeambiwa ni wajinga, hawana akili, hawana sera, hawana agenda, hawana mpango but now you want to sit with them to discuss the future of the nation. Aiiih bana, hii ni maaajabu

[omugah @comuga12]

The biggest plane owned by KQ is a Boeing 777 with a capacity of 400 passangers. 5000 people would mean 2 planes need to leave JKIA everyday to take Kenyans abroad. Is this even practical

[Kenyans.co.ke @Kenyans]

We want to export 3,000 to 5,000 Kenyans every week so that they can go work abroad - William Ruto

[Eric @amerix]

This is called a HAEMODIALYSIS CATHETER.

It is for patients undergoing dialysis.

It is inserted into a patient's chest through the internal jugular vein.

The red port cannula is the arterial lumen that draws deoxygenated blood out of the patient's body and sends it to the dialysis machine for cleaning.

The blue cannula is the venous lumen that carries cleaned, filtered blood from the dialysis machine back into the patient's bloodstream.

This catheter stays in a patient's body for 6 - 12 weeks, or even longer, depending on medical decisions, before being replaced with a permanent fistula.

A healthy kidney filters your blood 400 times per day, while a dialysis machine does so only 2 times a week, for about 5 hours per session.

Dialysis patients have to arrive at the renal unit as early as 3 am, twice a week.

Not even a dialysis machine can replace the efficiency of a healthy kidney.

Therefore, take care of your kidneys.

#FoodFriday

[omugah @comuga12]

Some stories make you appreciate life more and judge less. People are fighting different challenges silently. @HMutune

[Transfer Merkezi ™ @TransferMerkez]

🚨 Cucurella: “Otizmli bir oğlum var, keşke hiç param olmasaydı da oğlum sağlıklı olsaydı.

Saçlarımı o sevdiği için uzatıyorum; bir de bir an beni unutursa tanıyabilsin diye…”

[Adele @Adele_lide]

Veteran Western Real Estate tycoon Ibrahim Ambwere has gifted Omwami EDWIN SIFUNA a brand new fleet of Toyota Land cruiser Prados to facilitate his campaign. Wueh ni Mbaya guys

[Anne Waiguru EGH, OGW @AnneWaiguru]

The ethnic profiling remarks made by CS Aden Duale in response to the Ol Kalou by-election are deeply regrettable. It is both overly simplistic and dangerous to reduce the government’s political challenges to tribal prejudice, especially when this very Kikuyu community stood with us so overwhelmingly in the past.

Cabinet Secretary @HonAdenDuale, given your stature and long experience in politics, such utterances are wholly unacceptable. An apology is not only necessary, it is owed to the people of Kenya.

As we move toward the General Election, let us embrace responsibility and sobriety in our words and actions. Kenya belongs to all of us, Kikuyus included, and our unity must never be undermined by careless rhetoric.
@WilliamsRuto

[omugah @comuga12]

@KagutaMuseveni You remove your hat when laying a wreath. That is respect.

[𝑾𝒊𝒍𝒔𝒐𝒏🎭 @wil_sonn1]

A billionaire in western now tells Atwoli not to worry about sifuna’s campaign money, he will pay the bill. Growing up in kitale a building named “ Ambwere plaza” at the heart of kitale town was very famous . Kumbe ilikua ya billionaire. Let’s see how it unfolds every one wants to cheap in to see Sifuna getting the top seat💪🏿🔥

[omugah @comuga12]

@GWR England are the peoples 2026 WC Champions. The other yet to be played will be FIFAs' Champions

[Cyprian, Is Nyakundi @C_NyaKundiH]

Those predicting another 2007 are ignoring the difference, because 2007 was almost spiritual, the political divide was real, the loyalty was deep and you could feel the tension in the air before anything happened.

What we are seeing now is not that kind of organic political anger, it is paid goonism, where someone is given Sh1,000, handed a stone and told to manufacture fear for politicians who cannot win honestly.

A paid goon can reach a point and say, “Man, this is enough for the Sh1,000 they gave me,” because there is no cause, no belief and no real public support behind the violence.

Ruto is cornered from every side, and good Kenyans are the overwhelming majority, so any attempt to use hired goons in 2027 will be met by citizens neutralizing them refusing to let a tiny paid minority terrorise the country.

[omugah @comuga12]

@christonshia1 You can't spend 10B of taxpayers' money on one constituency and unleash all the government machinery if it doesn't mean something to you. It's the gvt that makes election a do or die contest.

[omugah @comuga12]

Yet the gvt spends 10B on a mere by election. Walk the talk

[NTV Kenya @ntvkenya]

Ruto: Elections are not a matter of life and death. There will be Kenya after the election and we must live together as brothers and sisters of one nation.

[omugah @comuga12]

When kikuyus want to vote you out and teach you a political lesson, even the dying postpone their death. Ogopa hawa watu wa mrima.

[Mariam @WairimuMariam]

Mike Sonko seems to have come face to face with the last 4 stages of toxic generosity:

Give once: You elicit appreciation

Give twice: You create anticipation

Give three times: You create expectation.l

Give four times: It becomes entitlement

Give five times: You establish dependency

Stop giving: You become the enemy

[omugah @comuga12]

Only in my beloved Africa

[Carol Radull @CarolRadull]

Africa! We are special 🤣🤣🤣