Ubuntu

A Purveyor of Justice | #PoliticalScience |

[Ubuntu @JLetangule]

THE NEW DIMENSIONS OF HUMAN SECURITY:
1. Economic security
2. Political security
3. Environmental security
4. Personal security
5. Health security
6. Food security
7. Community security

(Source: UNDP, 1994).

[Ubuntu @JLetangule]

@twavinya @mwitimuriukiB Well spoken Wakili.

[Wavinya Nicholas @twavinya]

The high court sets a deeply troubling precedent: that constitutional rights may be infringed and the violation remedied merely through an award of damages.

It appears to endorse the notion that a public officer can be removed through a process that violates fundamental constitutional rights, yet the resulting removal or replacement is permitted to stand. Such reasoning raises serious concerns about the practical efficacy of constitutional safeguards and the rule of law.

It is difficult to reconcile a finding that a process violated a non-derogable constitutional right with a conclusion that the outcome of that very process remains valid. If the process was fundamentally unconstitutional, one would ordinarily expect the resulting decision to be similarly tainted.

[David Makali @davidmakali1]

Hii nayo inauma: So a presidential election can be nullified, the ultimate sovereign will of the people found to be faulty, but the faulty decision of the representatives at Senate is final, the courts can do nothing. Labbish! Nothing is beyond judicial review in our Constitution

[The Blood Pressure Champion 🇺🇸🇰🇪 @zablonorina1]

The Court has ruled that Rigathi Gachagua’s fundamental right to a fair hearing was violated, yet his impeachment remains valid.

That raises a question every Kenyan should think about:

If a citizen’s constitutional right can be violated during a process, but the outcome of that process still stands, what does that mean for the protection of our rights?

And on that note:

Do you believe Kenya’s courts are truly independent, or are we witnessing a new interpretation of justice?

[Dr. Miguna Miguna @MigunaMiguna]

He ought to win based on the finding that he was denied a fundamental right when his adjournment request was rejected after all senators admitted that he was ill!

The court erred by disregarding this significant finding!

[Ubuntu @JLetangule]

@FrankRowenOnX @MigunaMiguna @rigathi Janyando is a man committed to justice, the rule of law and constitutionalism.

[Dr. Miguna Miguna @MigunaMiguna]

I don’t like @rigathi’s toxic and petty politics. I’ve disliked it since I found him at the University of Nairobi in 1986 singing “KANU and Moi Juu, Juu Kabisa!”

But as a man who is fully committed to fairness, justice and the rule of law, I believe that the Court’s ruling today was predetermined, is legally unsound and factually faulty. It should be overturned on appeal.

The impeachment of Gachagua was not conducted fairly, was unjustly rushed and was motivated by parochial personal differences with @WilliamsRuto. The court ought to have nullified it.

[Dr. Miguna Miguna @MigunaMiguna]

Having concluded that the committee stage during the proceedings at the Senate was constitutionally mandated but that the Senate failed to engage it, the court out to have nullified those proceedings.

[Ndong@Conslaw @Ndonglaw043]

Perhaps the most baffling finding by this Bench is that FAIR HEARING was violated BUT that does not affect the decision to impeach. A very fertile Ground of Appeal.

Having found an Absolute Right Violated, how can An action emanating therefrom be VALID?

[Caxstone P. Kigata @CaxstonePKigata]

From the reading by Hon Mrima, the impeachment of Hon Rigathi Gachagua wiill be set aside

[Ubuntu @JLetangule]

Hehehe, do not ethnicize judicial proceedings.

[Mary Njoroge @Maryian96]

Haiyaaa huyo judge anatwa Eric Ogolla??? hahaha no wonder! the great rift continues!

[Ndong@Conslaw @Ndonglaw043]

Ochiel Dudley @ochieljd

145(3)(b)

The Court agrees with him as he argued that 145 cannot be dealt without its History.

[Ndong@Conslaw @Ndonglaw043]

I said it. Congratulations Rigathi Gachagua✅️💯

[Ndong@Conslaw @Ndonglaw043]

Gachagua is back to Nairobi again. ✅️💯

Headed to IEBC office for Presidential Clearance✅️

[Ndong@Conslaw @Ndonglaw043]

And again let me say despite the ILLS of our Judiciary, our Constitution is a TROUBLE OF INTERNATIONAL PROPORTIONS💯✅️

[Ndong@Conslaw @Ndonglaw043]

Gachagua succeeds on Fair Hearing under Article 47 & 50. Having chosen to go both Oral & Documentary, they had to hear Gachagua.

[Ndong@Conslaw @Ndonglaw043]

Mwalimu @ochieljd we thank you for citing Onyango Oloo decision & distinguishing the binding 2010 CoA decision that the case concerned an Administrative issue not a weighty Constitutional one as this. The 3 Judge Bench agrees with you

[Ndong@Conslaw @Ndonglaw043]

Tomorrow the 8th of June we get to know if Gachagua the former DP was lawfully removed from office. Like I have said, if the may in Article 145(3) is interpreted as imposing a mandatory obligation on Senate for a Committee once the Resolution of the Senate is prima facie plausible for an impeachable offence, the analysis Ends. Gachagua is saved. If they find to the Negative, the possibility of impeachment being affirmed is higher. ✅

[Ndong@Conslaw @Ndonglaw043]

Gachagua Survives by virtue of 145(3)(b) which I have sang here since Day 1

Congratulations @ochieljd

You saved Gachagua💯✅️

[Ubuntu @JLetangule]

@kiremeti @Naomikibandi 🤣