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Supreme Court full ruling:
maka
#61 Posted : Wednesday, April 17, 2013 8:51:32 AM
Rank: Elder

Joined: 4/22/2010
Posts: 11,522
Location: Nairobi
masukuma wrote:
maka wrote:
we have officially become a laughing stock in matters jurisprudence...we were in the same league as S.A now we are being compared to Somalia,Chad,DRC...sad

who is comparing us to those guys?

Like many Ghanain members of the Bar I was eager to delve into the Kenyan Supreme Court's decision in the Consolidated Presidential Petition that was delivered today. Many lawyers across the country had put their photocopiers and Scanners ready, fingers poised on the 'print' button. After all with a star studded bench (literally and figuratively) that adjudicated the Presidential dispute in Kenya we in Ghana were certain that Raila Odinga vs Uhuru Kenyatta would provide fodder as precedent for use in our own Petition. I started with eagerness by page 50 I was confused. Was this a treatise? Or a liturgy? Even with my basic knowledge of the Kenyan Constitution most of the findings flew in the face of Constitutionalism. From claiming its determination to steer clear of technicalities to then brandishing the sword of legalese at every turn, to interpreting the law on rejected votes in contravention of the provisions relating to tallying to giving an insipid summarization the judgment left a sour taste in one's mouth. Fuddled? No muddled is more like it. One may want to blame it on the short period of time that the Court had to deliver this decision but what about the advocates who spent sleepless nights preparing pleadings and evidence? The whole judgment can be summarized in the incredulous finding that the Petitioner 'should have pleaded his evidence in the Petition and not in submissions'. In the end after reading the judgment for the third time I gave up in despair. Well, let us enthral ourselves with our very own Supreme Court contest. I am sure that our Judges will unlike our brothers in the East give due regard and respect to our litigators chilvarly. The NPP's presidential candidate, Nana Akufo-Addo's prayer to the Supreme Court to annul 4,670,504 votes seems in context of the Kenyan case to be an impossible task. Oh, well. One can only try.
KOFI ADWENSU, ACCRA
possunt quia posse videntur
maka
#62 Posted : Wednesday, April 17, 2013 8:59:45 AM
Rank: Elder

Joined: 4/22/2010
Posts: 11,522
Location: Nairobi
Opinion on the Kenyan Supreme Court Judgement by Dr Chidi Odinkalu, the Chairperson of the Nigerian National Human Rights Commission:

"I read this judgment moments ago. The big issues are ultimately up to Kenyans. I make no comments on those.

Speaking as a lawyer from Nigeria on a first reading of this judgment, I have to say it is tragic that they have relied on some of the most awful and questionable jurisprudence from the Nigerian Supreme Court on the question of elections. Writing in 2007, Professor Ben Nwabueze, arguably Africa’s best known expert in comparative constitutional law and a Senior Advocate of Nigeria (SAN) accused Nigeria’s Supreme Court of having played a “discreditable part” in procuring illegal mandates from the elections of 2003 and 2007 presidential elections in Nigeria. He adds that “the governments, federal and state, formed on the basis of those elections, had the effect of foisting illegal governments on the country since 2003” [Ben Nwabueze, How President Obasanjo Subverted Nigeria’s Federal System, xxx (2007)]; and stopping short of accusing the Court outrightly of corruption, laments the failure by “the Supreme Court to appreciate that the question of who should rule Nigeria is not one to be decided by a perverse and narrow legalism, by the technicalities of the rules of evidence, practice and procedure and by considerations of expediency.” [Ben Nwabueze, Judicialism and Good Governance in Africa, 132 (2009)]

It’s rather tragic that the Supreme Court of Kenya – or any court for that matter from anywhere – should popularize such bent jurisprudence."

They even quoted the ruling by Supreme court of Uganda....and the next thing we saw is Museveni coming to lecture us on democracy..surely!!!!
possunt quia posse videntur
McReggae
#63 Posted : Wednesday, April 17, 2013 9:01:33 AM
Rank: Elder

Joined: 6/17/2008
Posts: 23,365
Location: Nairobi
dunkang wrote:
McReggae wrote:
Shotgun wrote:

I think we have accepted and moved on smile

The Law students/scholars and law schools will however be very interested in the full judgement for their research.

Who knows, it might in future be used as an 'Authority' in one of the Commonwealth countries
Laughing out loudly


....auothrity indeed where a bench makes a single ruling....mmmmmhhhh!!!!!

na wewe, kwani ni nini yako ulinyang'anywa. Chillax! Kama zili ibwa, hazikuwa zako pekee yako bwana. Hasira ya mkizi furaha kwa mvuvi!


Wewe @dunkang wach, changia mada:

Koigi Wawamwere: The judiciary will fail if misguided into putting peace, stability, unity and other status quo values before freedom, rights, equality, justice and other values that promote humanity.
..."Wewe ni mtu mdogo sana....na mwenye amekuandika pia ni mtu mdogo sana!".
Shotgun
#64 Posted : Wednesday, April 17, 2013 9:11:16 AM
Rank: Member

Joined: 8/10/2008
Posts: 480
maka wrote:
Shotgun wrote:

I think we have accepted and moved on smile

The Law students/scholars and law schools will however be very interested in the full judgement for their research.

Who knows, it might in future be used as an 'Authority' in one of the Commonwealth countries
Laughing out loudly

you cant use this stuff anywea...ok allow me to rephrase only in those bogus countries like equitorial guinea,ivory coast etc...it was written by interns.



But I can assure you, it will definitely be used at SUNY Buffalo Law School as an example of 'bent jurisprudence' smile
alma
#65 Posted : Wednesday, April 17, 2013 9:32:18 AM
Rank: Elder

Joined: 7/20/2007
Posts: 4,432
This is my summary about the Judiciary and Jurispudence in Kenya

"The Saitoti crash was caused by bad weather,......etc"

And that will be the deputy chief Justice.d'oh!
Jose: If I make it through this thug life, I'll see you one day. The Lord is the only way to stop the hurt.
McReggae
#66 Posted : Wednesday, April 17, 2013 9:40:59 AM
Rank: Elder

Joined: 6/17/2008
Posts: 23,365
Location: Nairobi
alma wrote:
This is my summary about the Judiciary and Jurispudence in Kenya

"The Saitoti crash was caused by bad weather,......etc"
And that will be the deputy chief Justice.d'oh!


Great summary you got there!!!!
..."Wewe ni mtu mdogo sana....na mwenye amekuandika pia ni mtu mdogo sana!".
thuks
#67 Posted : Wednesday, April 17, 2013 10:32:13 AM
Rank: Veteran

Joined: 10/8/2008
Posts: 1,575
The whole lot of Africans with similar cases in their countries wil dismiss or embrace the ruling depending on which side they are on. That is jurisprudence!
I care!
tycho
#68 Posted : Wednesday, April 17, 2013 11:06:46 AM
Rank: Elder

Joined: 7/1/2011
Posts: 8,804
Location: Nairobi
I believe that even courts are amenable to prevailing political forces, and justice will always be political.

That said, I believe that the path that the SC took was most appropriate for Kenya. To me all other alternatives were impractical and dangerous.

However, it must be said that Kenyan politics as far as the status quo is concerned, is dead and buried.
maka
#69 Posted : Wednesday, April 17, 2013 11:37:59 AM
Rank: Elder

Joined: 4/22/2010
Posts: 11,522
Location: Nairobi
McReggae wrote:
alma wrote:
This is my summary about the Judiciary and Jurispudence in Kenya

"The Saitoti crash was caused by bad weather,......etc"
And that will be the deputy chief Justice.d'oh!


Great summary you got there!!!!

she cut a great deal...all those who were doing the interviews were time wasting...
possunt quia posse videntur
Kausha
#70 Posted : Wednesday, April 17, 2013 1:46:46 PM
Rank: Member

Joined: 2/8/2007
Posts: 808
Certainly we are the laughing stock of the developing and developed world and heroes to the neanderthal states of the world. What Can I say you win some and lose some!! right?

But enyewe given an opportunity to dazzle the world and hand in a key contribution to the global jurisprudence for the development of mankind, we just had to be our usual mediocre selves and turn in a stinker! That SC judgement can only be used to assault democracy and vitiate free will of the people in neanderthal republics. If it ever finds itself in the sanctums of any leading law school, it will probably be as an illustration of deformed jurisprudence.

Reading through the entire judgement I couldn't help picking up abdi's arguments and thought processes verbatim including his sporadic scuffles with the queen's language. Was this coincidence? During Sharad's sessions there numerous allegations of judgements written by lawyers on behalf of judges.

Sincerely though, this judgement can best be described as a work of legal reverse engineering!!
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