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
"FIFA is not involved in host country immigration processes, including visa adjudications, and has been informed by authorities that Mr Artan’s status will not be changed at present. 2/3
Statement:
"FIFA can confirm that match official Omar Abdulkadir Artan will be unable to train and officiate at the FIFA World Cup 2026 after he was denied entry into the United States. 1/3
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.
World Cup referee - Africa's best - is denied entry to United States and sent back after landing at Miami Airport, despite having a diplomatic passport https://t.co/2JPP5NpJpT
Then in 2016, Estama company imported 100 containers and called them mobile clinics.
Painted them so well.
The company bought each at KSH 1.2 Million and sold to the Ministry of Health at KSH 10 million each, making a profit of Ksh 9 million per container.
The crooks were paid KSH 1 billion from the government and dumped the containers in Mombasa and Nairobi, and vanished.
Nobody has been convicted.
The heist just died silently.
We have gone through a lot.
How can the Court find that a non-derogable right under Article 50 was violated, yet still decline to overturn the impeachment on the basis of the finality clause under Article 145(7)?
What, then, are the implications of such a position on the impeachment process itself?
This judgment must have been generated by AI.
How can a court find that an individual's rights were violated, award Ksh 50 million in compensation, yet still hold that the impeachment process was flawless?
Anyway, the next stop is the Court of Appeal. That is the lifeline.
Na hiyo Ksh 50 million, pea Kasongo!
The Wantam movement continues.
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
Under Article 25(c) of the constitution, the right to fair trial is a non-derogable right. So how can the court make quasi constitutional excuses on amorphous grounds in its refusal to set aside the impeachment of Hon Rigathi Gachagua? The Gachagua judgment in my humble opinion is on a shaky, shallow, soggy and sandy soil.