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KORTI BANDIA
githundi
#61 Posted : Tuesday, June 14, 2016 7:23:54 PM
Rank: Veteran


Joined: 11/19/2010
Posts: 1,308
Location: nairobi metropolitan
Justice Njoki ana beef na Mutunga
Democracy does not belong to the dead
alma1
#62 Posted : Tuesday, June 14, 2016 7:27:15 PM
Rank: Elder


Joined: 9/19/2015
Posts: 2,871
Location: hapo
Let's put this clearly.

Justice Ndungu is now making a ruling on a dispute in which she is the main party. Now just how constitutional is that?

Justice Ojwang couldn't stop saying how the Supreme court is the "Apex", meaning big kahuna and all other courts must bow to him.

I can just imagine that Supreme court with Ojwang, Ndungu, Tunoi and Rawal....God save the person who gave Mutunga the wisdom to constitute this court earlier than these fellows had planned.

Now I hope the Law Society follows up with its threats on removing Ndungu.

We can't have judges who don't see a conflict in ruling on issues that they themselves are a party to. Ati Apex....Mutunga just proved hii ilikuwa korti bandia and he was the real McCoy.

Nelson Havi is having a hissy fit on Twirra. He's just been handed a judicial beat down and he can't believe it.
Thieves are not good people. Tumeelewana?

newfarer
#63 Posted : Tuesday, June 14, 2016 7:47:10 PM
Rank: Elder


Joined: 3/19/2010
Posts: 3,504
Location: Uganda
Are these judges so important that if they retire at 70, Kenyans will get heart attacks? What is it that you never did in 40 years you feel you can do in 4yrs?
punda amecheka
githundi
#64 Posted : Tuesday, June 14, 2016 7:50:52 PM
Rank: Veteran


Joined: 11/19/2010
Posts: 1,308
Location: nairobi metropolitan
alma1 wrote:
Let's put this clearly.

Justice Ndungu is now making a ruling on a dispute in which she is the main party. Now just how constitutional is that?

Justice Ojwang couldn't stop saying how the Supreme court is the "Apex", meaning big kahuna and all other courts must bow to him.

I can just imagine that Supreme court with Ojwang, Ndungu, Tunoi and Rawal....God save the person who gave Mutunga the wisdom to constitute this court earlier than these fellows had planned.

Now I hope the Law Society follows up with its threats on removing Ndungu.

We can't have judges who don't see a conflict in ruling on issues that they themselves are a party to. Ati Apex....Mutunga just proved hii ilikuwa korti bandia and he was the real McCoy.

Nelson Havi is having a hissy fit on Twirra. He's just been handed a judicial beat down and he can't believe it.

I can't believe it. .Instead of deciding whether she should recuse herself or not. .she is deciding why Mutunga and Smoking should not recuse themselves . ..sometimes it's good to shut up and people will think you are wise
Democracy does not belong to the dead
alma1
#65 Posted : Tuesday, June 14, 2016 7:57:16 PM
Rank: Elder


Joined: 9/19/2015
Posts: 2,871
Location: hapo
githundi wrote:
alma1 wrote:
Let's put this clearly.

Justice Ndungu is now making a ruling on a dispute in which she is the main party. Now just how constitutional is that?

Justice Ojwang couldn't stop saying how the Supreme court is the "Apex", meaning big kahuna and all other courts must bow to him.

I can just imagine that Supreme court with Ojwang, Ndungu, Tunoi and Rawal....God save the person who gave Mutunga the wisdom to constitute this court earlier than these fellows had planned.

Now I hope the Law Society follows up with its threats on removing Ndungu.

We can't have judges who don't see a conflict in ruling on issues that they themselves are a party to. Ati Apex....Mutunga just proved hii ilikuwa korti bandia and he was the real McCoy.

Nelson Havi is having a hissy fit on Twirra. He's just been handed a judicial beat down and he can't believe it.

I can't believe it. .Instead of deciding whether she should recuse herself. .she is deciding why Mutunga and Smoking should not recuse themselves . ..sometimes it's good to shut up and people will think you are wise


That is how bad the judiciary is in Kenya.

Ojwang was so annoyed about the possibility of removing himself you would have sworn the world was ending.

He was calling it laying down the tools or something like that.

These fellows are just self seekers. Now Ibrahim is the presumtive acting chief justice. The LSK will fight Njoki to the end, so she can't be one. Rawal should go start answering those questions about Panama papers. Tonui nearly managed to escape in his tribunal.

They are 70 years old, waende nyumbani. This kind of circus could have saved Kenyans a lot of time and energy.

let Githu Muigai run for CJ or any other person.

And they all fell in the hands of the evil society itself in Omtata.
Thieves are not good people. Tumeelewana?

alma1
#66 Posted : Tuesday, June 14, 2016 8:09:54 PM
Rank: Elder


Joined: 9/19/2015
Posts: 2,871
Location: hapo
So when a judge who's subject to a JSC summon on an issue she ruled in for which she has refused to recluse herself says she's not biased, what are we to make of it.

I think akina kingangi should adopt this as part of their comedy routine.

Thieves are not good people. Tumeelewana?

alma1
#67 Posted : Tuesday, June 14, 2016 9:19:46 PM
Rank: Elder


Joined: 9/19/2015
Posts: 2,871
Location: hapo
Yaani this is what legends are made of.

After years of withstanding hate from the corrupt, you end it all with the final statement in killing the Moi era judges.

Yaani watoto wa Moi judges who are simply the most corrupt judiciary the world has ever seen has been dismantled by the lawyer who they hounded and sent to jail numerous times. Mutunga and Wanjala just wiped their asses in that court room

Kanu in the judiciary is dead.

Thieves are not good people. Tumeelewana?

alma1
#68 Posted : Tuesday, June 14, 2016 9:38:29 PM
Rank: Elder


Joined: 9/19/2015
Posts: 2,871
Location: hapo
These fellows are just tooooo mash. Now they want a stay to the order. What they are not saying is that the Supreme court has decided that there is no court to hear their pleas.

I just don't get it. kweli what is in it to become a judge? Nasi you go home and grow potatos or something?
Thieves are not good people. Tumeelewana?

alma1
#69 Posted : Tuesday, June 14, 2016 9:56:09 PM
Rank: Elder


Joined: 9/19/2015
Posts: 2,871
Location: hapo
Good day indeed.

We are seeing the dying breath of the Moi court system being dismantled. Then we have some 8 payukarers sleeping in a cell. If a judge gives bwana kuria bond on Friday, I'll be very disappointed but at least I can tell bwana earings. Good fight well faught and happy retirement.
Thieves are not good people. Tumeelewana?

Wakanyugi
#70 Posted : Wednesday, June 15, 2016 6:14:44 PM
Rank: Veteran


Joined: 7/3/2007
Posts: 1,634
alma1 wrote:
Good day indeed.

We are seeing the dying breath of the Moi court system being dismantled. Then we have some 8 payukarers sleeping in a cell. If a judge gives bwana kuria bond on Friday, I'll be very disappointed but at least I can tell bwana earings. Good fight well faught and happy retirement.



A good day indeed.

But there is one thing I did not get. This maneno of room to appeal. Appeal to whom? Is this not the court of last resort?

Can someone please explain this to me, slowly, with pictures if possible?


"The opposite of a correct statement is a false statement. But the opposite of a profound truth may well be another profound truth." (Niels Bohr)
Ngalaka
#71 Posted : Wednesday, June 15, 2016 7:04:44 PM
Rank: Veteran


Joined: 10/29/2008
Posts: 1,566
Wakanyugi wrote:
alma1 wrote:
Good day indeed.

We are seeing the dying breath of the Moi court system being dismantled. Then we have some 8 payukarers sleeping in a cell. If a judge gives bwana kuria bond on Friday, I'll be very disappointed but at least I can tell bwana earings. Good fight well faught and happy retirement.



A good day indeed.

But there is one thing I did not get. This maneno of room to appeal. Appeal to whom? Is this not the court of last resort?

Can someone please explain this to me, slowly, with pictures if possible?



The matter was not substantively determined. It died off on a technicality – that three Judges recused themselves as not suitable to hear and pass a determination on the matter.

Hence in the future, once the supreme court gets new judges that can constitute a bench of five suitable and willing to hear the case, then Tunoi and Rawal may consider petitioning the court for a hearing.

I don’t know what use this would be as their positions will effectively have been taken – may be for academic sake! And oh may be some cash too!
Isuni yilu yi maa me muyo - ni Mbisuu
Ngalaka
#72 Posted : Thursday, June 16, 2016 10:11:35 AM
Rank: Veteran


Joined: 10/29/2008
Posts: 1,566
Njooky wing and the obvious higher-ups using new tactics!
Quote:
In a protest letter from the Judicial Service Commission’s lawyers, the Judiciary accuses the Government Printer of frustrating publication of notices declaring the said three offices as vacant.


According to the lawyers, the publication had not been done, claiming that it was an indication that there were underlying interest of persons, though not named, who the Government Printer was protecting.


But JSC determined to see the sealing of the end of the tussle and opening of a new chapter as Jobs advertised
Quote:
The fate of Deputy Chief Justice Kalpana Rawal and Supreme Court Judge Philip Tunoi appear to have been sealed after the Judicial Service Commission (JSC) yesterday prepared their retirement letters and started the process of filling their positions.

The Judiciary’s director of communications Naim Bilal on Wednesday said it had prepared normal retirement letters for the two, which require them to clear with the institution and also advise on the procedures for payment of terminal benefits.


The JSC has also advertised the two positions and has asked interested applicants to submit their documents no later than July 6.
Isuni yilu yi maa me muyo - ni Mbisuu
Othelo
#73 Posted : Thursday, June 16, 2016 10:26:05 AM
Rank: User


Joined: 1/20/2014
Posts: 3,528
@masukuma, your call to respect independent institutions cannot hold if the same institutions are cannibalizing themselves internally.
Formal education will make you a living. Self-education will make you a fortune - Jim Rohn.
mkenyan
#74 Posted : Thursday, June 16, 2016 10:29:20 AM
Rank: Veteran


Joined: 4/1/2009
Posts: 1,883
Ngalaka wrote:
Njooky wing and the obvious higher-ups using new tactics!
Quote:
In a protest letter from the Judicial Service Commission’s lawyers, the Judiciary accuses the Government Printer of frustrating publication of notices declaring the said three offices as vacant.


According to the lawyers, the publication had not been done, claiming that it was an indication that there were underlying interest of persons, though not named, who the Government Printer was protecting.


But JSC determined to see the sealing of the end of the tussle and opening of a new chapter as Jobs advertised
Quote:
The fate of Deputy Chief Justice Kalpana Rawal and Supreme Court Judge Philip Tunoi appear to have been sealed after the Judicial Service Commission (JSC) yesterday prepared their retirement letters and started the process of filling their positions.

The Judiciary’s director of communications Naim Bilal on Wednesday said it had prepared normal retirement letters for the two, which require them to clear with the institution and also advise on the procedures for payment of terminal benefits.


The JSC has also advertised the two positions and has asked interested applicants to submit their documents no later than July 6.

and they should refund the public remuneration received as judges after turning 70.
Wakanyugi
#75 Posted : Thursday, June 16, 2016 10:59:02 AM
Rank: Veteran


Joined: 7/3/2007
Posts: 1,634
Ngalaka wrote:
Wakanyugi wrote:
alma1 wrote:
Good day indeed.

We are seeing the dying breath of the Moi court system being dismantled. Then we have some 8 payukarers sleeping in a cell. If a judge gives bwana kuria bond on Friday, I'll be very disappointed but at least I can tell bwana earings. Good fight well faught and happy retirement.



A good day indeed.

But there is one thing I did not get. This maneno of room to appeal. Appeal to whom? Is this not the court of last resort?

Can someone please explain this to me, slowly, with pictures if possible?



The matter was not substantively determined. It died off on a technicality – that three Judges recused themselves as not suitable to hear and pass a determination on the matter.

Hence in the future, once the supreme court gets new judges that can constitute a bench of five suitable and willing to hear the case, then Tunoi and Rawal may consider petitioning the court for a hearing.

I don’t know what use this would be as their positions will effectively have been taken – may be for academic sake! And oh may be some cash too!


I think I get it now, thank you.

But, just a minute....the litigants would be suing to get back their jobs to replace at least two of the same judges who will be hearing their case. How now?

And then there is the issue of Njoki and Ojwang having clear conflict of interest, despite their ruling to the contrary...and their jobs hanging in the balance....

And then there is the question of a new CJ and the critical role he/she has to move the SC into a new more responsible direction.

My head hurts.

But this is classic 'drama queen' Kenya. Why do anything the easy way when you can make it complicated and keep the country on the edge?

Thank you all the same.
"The opposite of a correct statement is a false statement. But the opposite of a profound truth may well be another profound truth." (Niels Bohr)
sitaki.kujulikana
#76 Posted : Thursday, June 16, 2016 11:03:30 AM
Rank: Veteran


Joined: 8/25/2012
Posts: 1,826
in a layman world, my understanding is that some justices refused, or excused themselves from hearing a case, and now that is being called 'solomonic' (whatever that is) wisdom. Is refusing to face an issue a good thing, or good leadership or can someone explain how this thing unfolded, mimi I don't like cowardice I would rather they faced the issue and whichever side got more support won, ama what is the role of a court
muganda
#77 Posted : Thursday, June 16, 2016 11:51:46 AM
Rank: Elder


Joined: 9/15/2006
Posts: 3,905
The saga continues - will JSC sue the naughty government printer?
mkenyan
#78 Posted : Thursday, June 16, 2016 12:17:17 PM
Rank: Veteran


Joined: 4/1/2009
Posts: 1,883
Wakanyugi wrote:
Ngalaka wrote:
Wakanyugi wrote:
alma1 wrote:
Good day indeed.

We are seeing the dying breath of the Moi court system being dismantled. Then we have some 8 payukarers sleeping in a cell. If a judge gives bwana kuria bond on Friday, I'll be very disappointed but at least I can tell bwana earings. Good fight well faught and happy retirement.



A good day indeed.

But there is one thing I did not get. This maneno of room to appeal. Appeal to whom? Is this not the court of last resort?

Can someone please explain this to me, slowly, with pictures if possible?



The matter was not substantively determined. It died off on a technicality – that three Judges recused themselves as not suitable to hear and pass a determination on the matter.

Hence in the future, once the supreme court gets new judges that can constitute a bench of five suitable and willing to hear the case, then Tunoi and Rawal may consider petitioning the court for a hearing.

I don’t know what use this would be as their positions will effectively have been taken – may be for academic sake! And oh may be some cash too!


I think I get it now, thank you.

But, just a minute....the litigants would be suing to get back their jobs to replace at least two of the same judges who will be hearing their case. How now?

And then there is the issue of Njoki and Ojwang having clear conflict of interest, despite their ruling to the contrary...and their jobs hanging in the balance....

And then there is the question of a new CJ and the critical role he/she has to move the SC into a new more responsible direction.

My head hurts.

But this is classic 'drama queen' Kenya. Why do anything the easy way when you can make it complicated and keep the country on the edge?

Thank you all the same.

can't get back their jobs in that instance. if they succeed the most they would get is money for wrongful retirement or something like that. the only one who would benefit by retiring at 74 would be the judges who would still be serving and were employed before the 2010 constitution. some of the judges who may benefit by such a decision are justices ojwang and ibrahim who, like justices rawal and tunoi, were employed as judges before the 2010 constitution.
Impunity
#79 Posted : Thursday, June 16, 2016 12:57:41 PM
Rank: Elder


Joined: 3/2/2009
Posts: 26,328
Location: Masada
mkenyan wrote:
Wakanyugi wrote:
Ngalaka wrote:
Wakanyugi wrote:
alma1 wrote:
Good day indeed.

We are seeing the dying breath of the Moi court system being dismantled. Then we have some 8 payukarers sleeping in a cell. If a judge gives bwana kuria bond on Friday, I'll be very disappointed but at least I can tell bwana earings. Good fight well faught and happy retirement.



A good day indeed.

But there is one thing I did not get. This maneno of room to appeal. Appeal to whom? Is this not the court of last resort?

Can someone please explain this to me, slowly, with pictures if possible?



The matter was not substantively determined. It died off on a technicality – that three Judges recused themselves as not suitable to hear and pass a determination on the matter.

Hence in the future, once the supreme court gets new judges that can constitute a bench of five suitable and willing to hear the case, then Tunoi and Rawal may consider petitioning the court for a hearing.

I don’t know what use this would be as their positions will effectively have been taken – may be for academic sake! And oh may be some cash too!


I think I get it now, thank you.

But, just a minute....the litigants would be suing to get back their jobs to replace at least two of the same judges who will be hearing their case. How now?

And then there is the issue of Njoki and Ojwang having clear conflict of interest, despite their ruling to the contrary...and their jobs hanging in the balance....

And then there is the question of a new CJ and the critical role he/she has to move the SC into a new more responsible direction.

My head hurts.

But this is classic 'drama queen' Kenya. Why do anything the easy way when you can make it complicated and keep the country on the edge?

Thank you all the same.

can't get back their jobs in that instance. if they succeed the most they would get is money for wrongful retirement or something like that. the only one who would benefit by retiring at 74 would be the judges who would still be serving and were employed before the 2010 constitution. some of the judges who may benefit by such a decision are justices ojwang and ibrahim who, like justices rawal and tunoi, were employed as judges before the 2010 constitution.


Was the law applied retroactively or something like that?
I think anyone judge must retire at 70 whether employed in 2000 or 2016?

Tell me.
Portfolio: Sold
You know you've made it when you get a parking space for your yatcht.

Othelo
#80 Posted : Thursday, June 16, 2016 1:00:55 PM
Rank: User


Joined: 1/20/2014
Posts: 3,528
Final nail, gone kabisa Applause Applause Applause Applause Applause
Formal education will make you a living. Self-education will make you a fortune - Jim Rohn.
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