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KORTI BANDIA
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: 3,907
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: 1,885
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: 26,331
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.
kaka2za
#81 Posted : Thursday, June 16, 2016 1:03:36 PM
Rank: Elder

Joined: 10/3/2008
Posts: 4,058
Location: Gwitu
They have been shown the 5th Red card.

Truth forever on the scaffold
Wrong forever on the throne
(James Russell Rowell)
Taurrus
#82 Posted : Thursday, June 16, 2016 2:22:22 PM
Rank: Member

Joined: 8/25/2015
Posts: 839
Location: Kite
kaka2za wrote:
They have been shown the 5th Red card.


Their lawyer on the way to ICC to file appeal!
Impunity
#83 Posted : Thursday, June 16, 2016 3:57:21 PM
Rank: Elder

Joined: 3/2/2009
Posts: 26,331
Location: Masada
@Mutunga was born on 16-Jun-1947 and decided to retire on 16-Jun-2016...courtesy ntv.
Portfolio: Sold
You know you've made it when you get a parking space for your yatcht.

Liv
#84 Posted : Thursday, June 16, 2016 10:30:34 PM
Rank: Veteran

Joined: 11/14/2006
Posts: 1,311
A happy ending.... Great for the country
harrydre
#85 Posted : Friday, June 17, 2016 1:01:29 AM
Rank: Elder

Joined: 7/10/2008
Posts: 9,131
Location: Kanjo
Impunity wrote:
@Mutunga was born on 16-Jun-1947 and decided to retire on 16-Jun-2016...courtesy ntv.


he didn't want Bupamba's curse of 900 pages smile
i.am.back!!!!
hardwood
#86 Posted : Monday, June 27, 2016 12:35:03 PM
Rank: Elder

Joined: 7/28/2015
Posts: 9,562
Location: Rodi Kopany, Homa Bay
Haiya these are mavoko lawcourts. Are these the "buildings" shollei paid millions for?

Othelo
#87 Posted : Monday, June 27, 2016 12:39:09 PM
Rank: User

Joined: 1/20/2014
Posts: 3,528
hardwood wrote:
Haiya these are mavoko lawcourts. Are these the "buildings" shollei paid millions for?


Hiyo container is very expensive, especially it has upstairs smile
Formal education will make you a living. Self-education will make you a fortune - Jim Rohn.
Swenani
#88 Posted : Monday, June 27, 2016 12:43:30 PM
Rank: User

Joined: 8/15/2013
Posts: 13,237
Location: Vacuum
hardwood wrote:
Haiya these are mavoko lawcourts. Are these the "buildings" shollei paid millions for?




Baba is always right! Korti bandia literally
If Obiero did it, Who Am I?
Angelica _ann
#89 Posted : Monday, September 04, 2017 6:09:32 AM
Rank: Elder

Joined: 12/7/2012
Posts: 11,935
We were here in 2013, in Kenya looks like stuff never changes. It all depends on the political divide side you are in. smile
In the business world, everyone is paid in two coins - cash and experience. Take the experience first; the cash will come later - H Geneen
hardwood
#90 Posted : Monday, September 04, 2017 8:47:46 AM
Rank: Elder

Joined: 7/28/2015
Posts: 9,562
Location: Rodi Kopany, Homa Bay
Angelica _ann wrote:
So Baba was right all along... ..


Yes he was right as you indicated in Post No. 1. Ni Korti bandia.
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