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Governor Miguna Miguna
harrydre
#831 Posted : Thursday, March 29, 2018 9:28:50 AM
Rank: Elder

Joined: 7/10/2008
Posts: 9,131
Location: Kanjo
masukuma wrote:
hardwood wrote:
Laughing out loudly Laughing out loudly Laughing out loudly This miguna saga should be made into a movie. It has all the ingredients of an oscar award winning movie.
yes... same genre as 'Last King of Scotland'
How does a court issue orders to be enforced in international jurisdictions? Matiang'i & Co can only make an arrest within our borders.
i.am.back!!!!
Ngalaka
#832 Posted : Thursday, March 29, 2018 9:31:39 AM
Rank: Veteran

Joined: 10/29/2008
Posts: 1,566
mkenyan wrote:
masukuma wrote:
Ngalaka wrote:
I am afraid judge Odunga has overreached himself on this one. Judicial officers are supposed to exercise judicial restraint. What he has done appears to me to be judicial recklessness. Such an officer is portends risk to societal order. As such his continued holding of office of judge might be untenable. The next thing he might do is 'jail' Ruto arbitrarily! Then the fires begin in Eld, going down to the lake. That way, the greater good for Kenya is not served.
I thought we were a country of laws - if we don't comply to orders that are at our inconvenience what is this "greater good" then?
indeed.
The greater good constitutes among other things not precipitating a constitutional disorder recklessly. A three, or five judge bench of a higher Court will most probably throw this judgement out of the window with a probable chance of rebuke to Odunga.
Isuni yilu yi maa me muyo - ni Mbisuu
tycho
#833 Posted : Thursday, March 29, 2018 9:37:56 AM
Rank: Elder

Joined: 7/1/2011
Posts: 8,804
Location: Nairobi
limanika wrote:
tycho wrote:
Is/has it been necessary for Miguna to behave the way he does, with respect to 'NRM'? from what we know the answer is 'No'. Is it necessary for the government to take the position it has taken against him? The answer to this appears uncertain or even that, the government's reaction appears as a necessity. Therefore, a contingent action being met with necessity means what? The govt appears to be protecting itself and someone. Who? And Miguna may be having a personal flaw that may prove too costly for him.
Would it be wise to order the gok officials to appear b4 jury or even sentence them on a matter of such nature? Not really. It would be much wiser to order the parties to settle matter out of court and only intervene if this fails. Even just out of respect to the separation of powers principle. That way you keep your dignity, power and earn respect when things backfire. Quickly moving forward, the petitioner will find it very hard to get a ticket back to +254. No airline will want such embarrassing scenes as happened at jkia
In this case I think Miguna should back down and find another strategy of political survival. He is even endangering his life for an unworthy cause. #Someone save Miguna
limanika
#834 Posted : Thursday, March 29, 2018 9:40:43 AM
Rank: Veteran

Joined: 9/21/2011
Posts: 2,032
Ngalaka wrote:
mkenyan wrote:
masukuma wrote:
Ngalaka wrote:
I am afraid judge Odunga has overreached himself on this one. Judicial officers are supposed to exercise judicial restraint. What he has done appears to me to be judicial recklessness. Such an officer is portends risk to societal order. As such his continued holding of office of judge might be untenable. The next thing he might do is 'jail' Ruto arbitrarily! Then the fires begin in Eld, going down to the lake. That way, the greater good for Kenya is not served.
I thought we were a country of laws - if we don't comply to orders that are at our inconvenience what is this "greater good" then?
indeed.
The greater good constitutes among other things not precipitating a constitutional disorder recklessly. A three, or five judge bench of a higher Court will most probably throw this judgement out of the window with a probable chance of rebuke to Odunga.
A matter of interest like this, judge could have disqualified himself, request CJ to constitute a bench, or order the parties to settle out of court. Some decisions make it too obvious whether you're biased or not
masukuma
#835 Posted : Thursday, March 29, 2018 9:47:11 AM
Rank: Elder

Joined: 10/4/2006
Posts: 13,823
Location: Nairobi
Ngalaka wrote:
mkenyan wrote:
masukuma wrote:
Ngalaka wrote:
I am afraid judge Odunga has overreached himself on this one. Judicial officers are supposed to exercise judicial restraint. What he has done appears to me to be judicial recklessness. Such an officer is portends risk to societal order. As such his continued holding of office of judge might be untenable. The next thing he might do is 'jail' Ruto arbitrarily! Then the fires begin in Eld, going down to the lake. That way, the greater good for Kenya is not served.
I thought we were a country of laws - if we don't comply to orders that are at our inconvenience what is this "greater good" then?
indeed.
The greater good constitutes among other things not precipitating a constitutional disorder recklessly. A three, or five judge bench of a higher Court will most probably throw this judgement out of the window with a probable chance of rebuke to Odunga.
You cannot build a nation on dishonesty! What is the point of saying we have 'law and order' if we neither follow the 'law' or 'orders'? until they are convenient to us and in 'the greater good' according to our understanding and convenient interpretation of this expression. We need to submit ourselves to the law and submit ourselves to recognition of individual rights. People fail to understand that individual rights SHOULD NEVER BE TRAMPLED ON for the 'greater good'. Mambo ya kuwa Yesu hatutaki! Even Yesu had to agree.
All Mushrooms are edible! Some Mushroom are only edible ONCE!
mkenyan
#836 Posted : Thursday, March 29, 2018 9:51:21 AM
Rank: Veteran

Joined: 4/1/2009
Posts: 1,885
harrydre wrote:
masukuma wrote:
hardwood wrote:
Laughing out loudly Laughing out loudly Laughing out loudly This miguna saga should be made into a movie. It has all the ingredients of an oscar award winning movie.
yes... same genre as 'Last King of Scotland'
How does a court issue orders to be enforced in international jurisdictions? Matiang'i & Co can only make an arrest within our borders.
so who are these international people who put miguna on the plane back to dubai now that kenyan authorities had no enforcement powers?
Ngalaka
#837 Posted : Thursday, March 29, 2018 10:17:21 AM
Rank: Veteran

Joined: 10/29/2008
Posts: 1,566
masukuma wrote:
Ngalaka wrote:
mkenyan wrote:
masukuma wrote:
Ngalaka wrote:
I am afraid judge Odunga has overreached himself on this one. Judicial officers are supposed to exercise judicial restraint. What he has done appears to me to be judicial recklessness. Such an officer is portends risk to societal order. As such his continued holding of office of judge might be untenable. The next thing he might do is 'jail' Ruto arbitrarily! Then the fires begin in Eld, going down to the lake. That way, the greater good for Kenya is not served.
I thought we were a country of laws - if we don't comply to orders that are at our inconvenience what is this "greater good" then?
indeed.
The greater good constitutes among other things not precipitating a constitutional disorder recklessly. A three, or five judge bench of a higher Court will most probably throw this judgement out of the window with a probable chance of rebuke to Odunga.
You cannot build a nation on dishonesty! What is the point of saying we have 'law and order' if we neither follow the 'law' or 'orders'? until they are convenient to us and in 'the greater good' according to our understanding and convenient interpretation of this expression. We need to submit ourselves to the law and submit ourselves to recognition of individual rights. People fail to understand that individual rights SHOULD NEVER BE TRAMPLED ON for the 'greater good'. Mambo ya kuwa Yesu hatutaki! Even Yesu had to agree.
If you put the emotions out of this, and review it calmly and with objectivity you will see the point I am trying to put across. Consider the following with me; Nothing is absolute. Court Orders should be obeyed. However in the event there are issues underlying or otherwise, an alternative route of judicial process should used to vacate them. This has to be done expeditiously. Judges are human beings prone to mistakes honest or otherwise, biases et al. For purposes of making this clear, you might want to agree with me that we can have a 'nutty' case in judicial robes. Are you saying that if such a judge in a span of 36 hours pronounces that Uhuru is jailed then the police should swing into action and take him to Kamiti! The bottom line is, Odunga overreached himself. All level headed judges must be ashamed of that action, rash as it is. Don't look at things in isolation of the rest of our system as a human society. Again nothing is absolute. Judiciary all over the world are very reluctant to unduly interfere in the work of the executive. The executive is by default the custodian of a nations secrets and intelligence which the judiciary may not always have. In the absence of full disclosure the judiciary should exercise restraint and patience to eventually ascertain if there is any substance or the Executive mandarins are just bluffing. No sky was going to fall if Odunga had waited for say a week, then escalate the issue to CJ for a bench to be constituted.
Isuni yilu yi maa me muyo - ni Mbisuu
Ngalaka
#838 Posted : Thursday, March 29, 2018 10:33:24 AM
Rank: Veteran

Joined: 10/29/2008
Posts: 1,566
Again judicial officers should act reasonably and in appreciation of our political economy. For instance and I wish to give some very abstract examples in order to make the case as clear as possible. 1. A judge in the US rules that Putin should be allowed the use of Arizona dessert fields to train his troops there. How will that sit with the US Executive. Solution, the ruling will be overturned and the Judge removed. 2. In Kenya a judge rules that we should let Osama bin ladin (his equivalent today) build an Hotel in Lamu! Crazy rulings coming from crazy judges, you remove both. Nothing is absolute.
Isuni yilu yi maa me muyo - ni Mbisuu
Ngalaka
#839 Posted : Thursday, March 29, 2018 10:49:32 AM
Rank: Veteran

Joined: 10/29/2008
Posts: 1,566
We should not loose track of the real substantive matter unfolding before us - wholesome. This is a case of Miguna Miguna (who has an unflatering history) whose actions that brought us to where we are are known to all. If it were a pastor from Kakamega, or a Businessman from Homa bay, a Doctor from Kisii, behaving all calmly, cooperative and reasonable, then they deport him on mere technicalities and or formalities, I would be the first one to cry 'despots'. Miguna had to be sedated in order to be deported! That's damning on his part. Unruly individual.
Isuni yilu yi maa me muyo - ni Mbisuu
Enuma Elish
#840 Posted : Thursday, March 29, 2018 10:53:28 AM
Rank: New-farer

Joined: 6/5/2014
Posts: 47
Ngalaka wrote:
Again judicial officers should act reasonably and in appreciation of our political economy. For instance and I wish to give some very abstract examples in order to make the case as clear as possible. 1. A judge in the US rules that Putin should be allowed the use of Arizona dessert fields to train his troops there. How will that sit with the US Executive. Solution, the ruling will be overturned and the Judge removed. 2. In Kenya a judge rules that we should let Osama bin ladin (his equivalent today) build an Hotel in Lamu! Crazy rulings coming from crazy judges, you remove both. Nothing is absolute.
Brick wall Brick wall Brick wall
120 Pages«<8283848586>»
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