David Maraga: I have never been associated with any corruption scandal. I am ready to declare on oath, my assets and give a full account of how I acquired each piece. I challenge every presidential aspirant, starting with Ruto, to do the same and account for everything they own.
Nelson Havi: If you don’t purpose to be honest to the law and you know the Executive have insurance on you, don’t apply to be a judge, that is how we end up with stupid decisions like these.
#JKLive
Once again our Constitution just showed that it is not only clever for violaters as state organs, even judges who attempt to armtwist it through Legal Sophistry cannot hide in Plain Sight. It will of course smoke you out in Good Time
TO NOTE, the rare instance is Article 25 of the CoK where it EXPRESSLY says NOTWITHSTANDING ANY OTHER PROVISION of the Constitution, the rights therein cannot be derogated. It does not notwithstanding any provision of the Bill of Rights but of the CoK,
How possibly then did 145(7) override it?
My teachers taught me that ONCE FAIR HEARING is Violated, it matters not that the court would have arrived at the same decision had the hearing been heard.
My Teachers Lied. This is a FIRST where fair hearing is VIOLATED. An absolute right but the decision stands
The Gachagua judgment is a political decision at best as it is legally absurd. The Constitution expressly provides that any decision in violation of rights void. The effect of impeachment is that the person cannot hold public office. So how does a decision in violation of rights for which the Court has awarded damages operate as a bar to running for office. Those are judicial gymnastics that reflect a captured court
It was good that the entire judgment was read word for word and broadcasted live for ten hours to the entire Kenyan public. How else would you have understood the problems we keep pointing out daily about incompetence, misconduct and misbehavior by a Judges?
The only thing I'm unable to reconcile with my conscience when it comes to yesterday's decision is the fact that Article 25 itself elevates those 4 non-derogable rights above every other constitutional provision. So how then can the finality in 145(7) take precedence over Fair hearing?
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.
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.
Mnataka kufwata njia za mkato kusolve issues na mnajua Grandpa hapendi njia za mkato.🤣🤣🤣🤣🤣 mliambiwa andikisha report kwa police mkadhani anaside na perpetrator Hapo kwa Grandpa kama hauna integrity na haupendi kufwata sheria utaona nikama unaonewa