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Sudan expels Ambassador...
githundi
#41 Posted : Tuesday, November 29, 2011 3:00:50 PM
Rank: Veteran

Joined: 11/19/2010
Posts: 1,308
Location: nairobi metropolitan
limanika wrote:
This ruling by Ombija is a testimony that our judiciary is truly becoming independent thanks to the new constitution that Bashir himself came to witness the promulgation. Sad for him he did not know he would be a victim of the widening democratic space following the promulgation of the new constitution!
That said Khartoum has more to lose than Kenya following the turn of events. Their hope to seek solace from arab spring by joining East Africa community is now gone with the wind

i beg to differ, infact am saddened by it as it is a populist decision. How on earth can he rule that we have ratified the the rome statute while parliament has not legistlated on the same. He chose to interpreat ratification his own way. Am afraid we might have entered an era of populist judgements considering also the other ruling on demolition.
Democracy does not belong to the dead
Tebes
#42 Posted : Tuesday, November 29, 2011 3:07:49 PM
Rank: Elder

Joined: 11/26/2008
Posts: 2,097
“We are not in favour of referring the question of Darfur to the International Criminal Court (ICC) without the consent of the Sudanese Government, because we are afraid that that would not only severely complicate efforts to secure an early settlement of the Darfur issue, but also have unforeseeable consequences for the north-south peace process in the Sudan.” - Chinese Ambassador to the UN, Wang Guangya, to the Security Council on Resolution 1593, passed on March 31, 2005
"Never regret, if its good, its wonderful. If its bad, its experience."
majimaji
#43 Posted : Tuesday, November 29, 2011 3:12:54 PM
Rank: Veteran

Joined: 4/4/2007
Posts: 1,162

I support the judge. His work is to make judgement in line with our laws and constitution. That's why we pay him. And this judgement is good for posterity because it shows CLEAR differnce between Judiciary and Executive powers and duty.
It is up to the Executive to deal with the political fall-out with Sudan, matter of fact, Mr Kibaki should be on the phone to sooth the hurt feelings of Mr. Bashir. Let the Sudanese stop over-reacting.
limanika
#44 Posted : Tuesday, November 29, 2011 3:31:30 PM
Rank: Veteran

Joined: 9/21/2011
Posts: 2,032
The Sudanese embassy off Kabarnet rd was constructed in 2004-2005 when there was flurry of diplomatic activity between Nairobi and Khartoum - during negotiations for the CPA. After secession, the embassy must have become an empty shell as now there is little if any business between Nairobi and Khartoum. Perhaps we do not really need each other so much after all…I have also not heard of any media statement from Wetangula
kingfisher
#45 Posted : Tuesday, November 29, 2011 4:21:48 PM
Rank: Elder

Joined: 4/9/2008
Posts: 2,824
just a thought...

supposing bashir decides to have a cup of tea tomorrow with baks at statehouse.....hiyo court order itado? si watakunywa chai, waongee kidogo na apelekwe jkia na wets and kalooser?? hata huyo jaji ni pumbafu tuu!!
When I have money, I get rid of it quickly, lest it find a way into my heart.
simonkabz
#46 Posted : Tuesday, November 29, 2011 5:06:06 PM
Rank: Elder

Joined: 3/2/2007
Posts: 8,776
Location: Cameroon
Lolest! wrote:
@kabz, how has Kenya become arrogant? This has not come from foreign affairs ministry but from the judiciary! The AG should appeal if the ruling hurts Kenyas foreign policy

Last I checked, the Judiciary is part and parcel of the govt. Rulings by judges must always be in the right spirit, for the good of the people and state. Fundamentally, Laws are meant to protect the sovereign state and its pple, not create tensions, anger, discourage trade or create enemity. Interesting discussion though.
TULIA.........UFUNZWE!
McReggae
#47 Posted : Tuesday, November 29, 2011 5:19:59 PM
Rank: Elder

Joined: 6/17/2008
Posts: 23,365
Location: Nairobi
simonkabz wrote:
Lolest! wrote:
@kabz, how has Kenya become arrogant? This has not come from foreign affairs ministry but from the judiciary! The AG should appeal if the ruling hurts Kenyas foreign policy

Last I checked, the Judiciary is part and parcel of the govt. Rulings by judges must always be in the right spirit, for the good of the people and state. Fundamentally, Laws are meant to protect the sovereign state and its pple, not create tensions, anger, discourage trade or create enemity. Interesting discussion though.


thimioni I agree with you on this, this was a typical activism kind of behaviour from the judge, not well thought out, have we seen any judges from other countries who are signatories to the rome protocal make such rulings???.....ABK huyo judge!!!
..."Wewe ni mtu mdogo sana....na mwenye amekuandika pia ni mtu mdogo sana!".
masukuma
#48 Posted : Tuesday, November 29, 2011 7:13:51 PM
Rank: Elder

Joined: 10/4/2006
Posts: 13,823
Location: Nairobi
McReggae wrote:
simonkabz wrote:
Lolest! wrote:
@kabz, how has Kenya become arrogant? This has not come from foreign affairs ministry but from the judiciary! The AG should appeal if the ruling hurts Kenyas foreign policy

Last I checked, the Judiciary is part and parcel of the govt. Rulings by judges must always be in the right spirit, for the good of the people and state. Fundamentally, Laws are meant to protect the sovereign state and its pple, not create tensions, anger, discourage trade or create enemity. Interesting discussion though.


thimioni I agree with you on this, this was a typical activism kind of behaviour from the judge, not well thought out, have we seen any judges from other countries who are signatories to the rome protocal make such rulings???.....ABK huyo judge!!!

its a silly move lets analyse this
WHAT DO WE STAND TO GAIN?
- respect from 'western' nations, we like dogs will get our heads rubbed in congratulations by nations like US who are not even signatories to the statute. the attaboy! may not even come.
WHAT DO WE STAND TO LOSE?
- the war in Somalia (remember somalia and north sudan consider themselves as part of the ARABIC WORLD)
- bilateral agreements with Sudan and now it will be harder to go there for businessmen or individuals going to work for NGOs.
All Mushrooms are edible! Some Mushroom are only edible ONCE!
Sober
#49 Posted : Tuesday, November 29, 2011 8:49:20 PM
Rank: Elder

Joined: 11/27/2007
Posts: 3,604
The judge looked at the issue from the legal side point of view. On some aspects diplomacy should also be an aspect to be considered.
African parents don't know how to say sorry.. the closest you will get to a sorry is a 'have you eaten'
Euge
#50 Posted : Tuesday, November 29, 2011 8:58:03 PM
Rank: Elder

Joined: 8/4/2008
Posts: 2,849
Location: Rupi
Regional interests should get preference over the ICC nonsense.
Lord, thank you!
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