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Justice Phillip Dollars Tunoi
keraka
#301 Posted : Monday, May 30, 2016 11:22:42 AM
Rank: Member

Joined: 2/24/2010
Posts: 637
Location: Nairobi
maka wrote:
kayhara wrote:
mkenyan wrote:
maka wrote:
mkenyan wrote:
and the supreme court has issued an immediate stay.


Who will hear the application?Mutunga is leaving,Tunoi is suspended...Rawal is a complainant...how then can the bench be properly constituted??

not only that. smoking is a member of jsc who is a party to the suit so also should not sit on the bench. so is the cj or whoever shall replace him. and ojwang and ibrahim have a bias in this matter coz if they hold for rawal they would also be doing themselves a favour in that having been judges before the 2010 constitution they would also then retire at 74 and not 70. not forgetting that some had already made their position on the matter clear in that infamous and illadvised ruling and further that some had gone on a go slow in support of rawal and company.

So no quorum, lawyers what is the way forward?



I am truly scandalized by our Supreme court. How can a simple thing like retirement be treated like some complex issue when it actually can be dispensed with easily! But am more concerned that corruption is actually alive in this debate!! Consider this:
1. Judgement on retirement is read by midday in the court of appeal.
2. The ruling is to be typed and exctracted by next Monday.
3. Somehow Rawals lawyer gets it before 1:00 today anyway.
4. Coincidentally, the chief registrar is around to sign it.
5. Coincidentally Justice Njoki is in office waiting for the ruling
6. The appeal court ruling is suspended.

The lawyers will tell you that extracting a judgement even under certificate of urgency takes close to 3days at a minimum.

Mutunga retires on 16th next month. The hearing Justice Njoki has put is for 24th. It means mutunga won't be on the bench, Tunoi won't, Smokin by being in JSC which pronounced itself on the issue won't, Rawal as the plaintiff won't! Meaning there won't be any quorum to hear her case!
Meaning Rawal will act as Chief Justice armed with a court injunction until she is 74!!!


That is Kenya for you!!


This is the same Rawal prominently mentioned in the Panama Papers while we had to hound out Baraza for a minor misdemeanor. KENYA
The only thing necessary for the triumph of evil is for good men to do nothing.
maka
#302 Posted : Monday, May 30, 2016 11:57:55 AM
Rank: Elder

Joined: 4/22/2010
Posts: 11,522
Location: Nairobi
shocks wrote:
maka wrote:
kayhara wrote:
mkenyan wrote:
maka wrote:
mkenyan wrote:
and the supreme court has issued an immediate stay.


Who will hear the application?Mutunga is leaving,Tunoi is suspended...Rawal is a complainant...how then can the bench be properly constituted??

not only that. smoking is a member of jsc who is a party to the suit so also should not sit on the bench. so is the cj or whoever shall replace him. and ojwang and ibrahim have a bias in this matter coz if they hold for rawal they would also be doing themselves a favour in that having been judges before the 2010 constitution they would also then retire at 74 and not 70. not forgetting that some had already made their position on the matter clear in that infamous and illadvised ruling and further that some had gone on a go slow in support of rawal and company.

So no quorum, lawyers what is the way forward?



I am truly scandalized by our Supreme court. How can a simple thing like retirement be treated like some complex issue when it actually can be dispensed with easily! But am more concerned that corruption is actually alive in this debate!! Consider this:
1. Judgement on retirement is read by midday in the court of appeal.
2. The ruling is to be typed and exctracted by next Monday.
3. Somehow Rawals lawyer gets it before 1:00 today anyway.
4. Coincidentally, the chief registrar is around to sign it.
5. Coincidentally Justice Njoki is in office waiting for the ruling
6. The appeal court ruling is suspended.

The lawyers will tell you that extracting a judgement even under certificate of urgency takes close to 3days at a minimum.

Mutunga retires on 16th next month. The hearing Justice Njoki has put is for 24th. It means mutunga won't be on the bench, Tunoi won't, Smokin by being in JSC which pronounced itself on the issue won't, Rawal as the plaintiff won't! Meaning there won't be any quorum to hear her case!
Meaning Rawal will act as Chief Justice armed with a court injunction until she is 74!!!


That is Kenya for you!!

Nyinyi ndio mnafanya hii kitu iwe kubwa, Mutunga will be replaced at some point, sioni mbona smokin awe recused, after that there will be a quorum. Can Mutunga extend his stay for a few weeks till wa deal na hii maneno?


possunt quia posse videntur
Swenani
#303 Posted : Tuesday, June 07, 2016 2:03:20 PM
Rank: User

Joined: 8/15/2013
Posts: 13,237
Location: Vacuum
NIS disowns the letter used to indict Justice Dollars Tunoi

Quote:
On Tuesday, Mr Nyamodi said the NIS had agreed to declassify its response on the report.

"The updated and unsigned document did not originate from [the] NIS," said Mr Nyamodi while reading the agency letter.

Mr Ngatia asked the tribunal to expunge the report even as he proceeded to cross-examine Mr Bidali


Could this bribery allegations be due to the judicial supremacy wars?
If Obiero did it, Who Am I?
Othelo
#304 Posted : Tuesday, June 07, 2016 3:03:17 PM
Rank: User

Joined: 1/20/2014
Posts: 3,528
Swenani wrote:
NIS disowns the letter used to indict Justice Dollars Tunoi

Quote:
On Tuesday, Mr Nyamodi said the NIS had agreed to declassify its response on the report.

"The updated and unsigned document did not originate from [the] NIS," said Mr Nyamodi while reading the agency letter.

Mr Ngatia asked the tribunal to expunge the report even as he proceeded to cross-examine Mr Bidali


Could this bribery allegations be due to the judicial supremacy wars?

Kwani the agency could not go to JSC earlier to say this before the tribunal was formed. Haki Kenya is a bandit country Sad Sad Sad
Formal education will make you a living. Self-education will make you a fortune - Jim Rohn.
streetwise
#305 Posted : Tuesday, June 07, 2016 3:05:32 PM
Rank: Veteran

Joined: 6/23/2011
Posts: 1,740
Location: Nairobi
I fear so may be the case.

I am really scarred that the NIS report could actually been written by proxy, high court judge or affailiate in the supremacy war.

Kenya hiko mambo bwana..

http://www.nation.co.ke/...2/-/10kni3s/-/index.html

The stories read like science fixion. Ngai baba
washiku
#306 Posted : Tuesday, June 07, 2016 3:22:53 PM
Rank: Chief

Joined: 5/9/2007
Posts: 13,095
Othelo wrote:
Swenani wrote:
NIS disowns the letter used to indict Justice Dollars Tunoi

Quote:
On Tuesday, Mr Nyamodi said the NIS had agreed to declassify its response on the report.

"The updated and unsigned document did not originate from [the] NIS," said Mr Nyamodi while reading the agency letter.

Mr Ngatia asked the tribunal to expunge the report even as he proceeded to cross-examine Mr Bidali


Could this bribery allegations be due to the judicial supremacy wars?

Kwani the agency could not go to JSC earlier to say this before the tribunal was formed. Haki Kenya is a bandit country Sad Sad Sad


Very weird country we live in. Given that the JSC recommended for this tribunal using the 'NIS' report, does it mean then that the tribunal is as good as dead?
Kusadikika
#307 Posted : Tuesday, June 07, 2016 4:28:37 PM
Rank: Elder

Joined: 7/22/2008
Posts: 2,723
washiku wrote:
Othelo wrote:
Swenani wrote:
NIS disowns the letter used to indict Justice Dollars Tunoi

Quote:
On Tuesday, Mr Nyamodi said the NIS had agreed to declassify its response on the report.

"The updated and unsigned document did not originate from [the] NIS," said Mr Nyamodi while reading the agency letter.

Mr Ngatia asked the tribunal to expunge the report even as he proceeded to cross-examine Mr Bidali


Could this bribery allegations be due to the judicial supremacy wars?

Kwani the agency could not go to JSC earlier to say this before the tribunal was formed. Haki Kenya is a bandit country Sad Sad Sad


Very weird country we live in. Given that the JSC recommended for this tribunal using the 'NIS' report, does it mean then that the tribunal is as good as dead?


This tribunal was dead even before it began. The man on trial was Kiplagat and the judge brought all the big guns out. He knows the law while Kiplagat was going with his gut after being short changed. It may not have been 200 million but money definitely changed hands and everyone got his cut except Kiplagat and he has no witnesses.
murchr
#308 Posted : Tuesday, June 07, 2016 4:49:15 PM
Rank: Elder

Joined: 2/26/2012
Posts: 15,980
washiku wrote:
Othelo wrote:
Swenani wrote:
NIS disowns the letter used to indict Justice Dollars Tunoi

Quote:
On Tuesday, Mr Nyamodi said the NIS had agreed to declassify its response on the report.

"The updated and unsigned document did not originate from [the] NIS," said Mr Nyamodi while reading the agency letter.

Mr Ngatia asked the tribunal to expunge the report even as he proceeded to cross-examine Mr Bidali


Could this bribery allegations be due to the judicial supremacy wars?

Kwani the agency could not go to JSC earlier to say this before the tribunal was formed. Haki Kenya is a bandit country Sad Sad Sad


Very weird country we live in. Given that the JSC recommended for this tribunal using the 'NIS' report, does it mean then that the tribunal is as good as dead?


Ata hii JSC iko na loose nuts, why rely on a letter/memo with no letterhead. Shouldn't that be official business? Very big let down
"There are only two emotions in the market, hope & fear. The problem is you hope when you should fear & fear when you should hope: - Jesse Livermore
.
Othelo
#309 Posted : Tuesday, June 07, 2016 4:56:23 PM
Rank: User

Joined: 1/20/2014
Posts: 3,528
Kidero is escaping AGAIN without using a single cent. cunning I tell you smile
Formal education will make you a living. Self-education will make you a fortune - Jim Rohn.
Ngalaka
#310 Posted : Tuesday, June 07, 2016 6:08:40 PM
Rank: Veteran

Joined: 10/29/2008
Posts: 1,566
Othelo wrote:
Swenani wrote:
NIS disowns the letter used to indict Justice Dollars Tunoi

Quote:
On Tuesday, Mr Nyamodi said the NIS had agreed to declassify its response on the report.

"The updated and unsigned document did not originate from [the] NIS," said Mr Nyamodi while reading the agency letter.

Mr Ngatia asked the tribunal to expunge the report even as he proceeded to cross-examine Mr Bidali


Could this bribery allegations be due to the judicial supremacy wars?

Kwani the agency could not go to JSC earlier to say this before the tribunal was formed. Haki Kenya is a bandit country Sad Sad Sad


The onus was on JSC to ascertain the authenticity of docs before relying on them. I mean isn't that basic procedured'oh!

Should they be sur-charged for resources used in on a wild goose chase!
Isuni yilu yi maa me muyo - ni Mbisuu
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