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Rank: Elder Joined: 2/26/2012 Posts: 15,980
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"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
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Rank: Elder Joined: 12/7/2012 Posts: 11,936
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Njunge wrote:What's up Maka?
Magistrate Mugambi has ruled that the orders by High Court temporarily blocking the DCJ’s case do not apply to the case before him. “I don’t want to amend the orders of the court, that will be trespassing on dangerous areas. I am only guided by an order that is clear and specific. So this order, in my view, does not apply to this case,”
In the ruling by high court, the case number quoted is not the one Mugambi is handling. In the business world, everyone is paid in two coins - cash and experience. Take the experience first; the cash will come later - H Geneen
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Rank: Elder Joined: 2/7/2007 Posts: 921
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Angelica _ann wrote:Njunge wrote:What's up Maka?
Magistrate Mugambi has ruled that the orders by High Court temporarily blocking the DCJ’s case do not apply to the case before him. “I don’t want to amend the orders of the court, that will be trespassing on dangerous areas. I am only guided by an order that is clear and specific. So this order, in my view, does not apply to this case,”
In the ruling by high court, the case number quoted is not the one Mugambi is handling. Okay.....and all those ODM learned friends didn't notice?  .BTW, if i was Uhuru i would cheekily use this one on Baba. Shake the handshake 
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Rank: Elder Joined: 2/26/2012 Posts: 15,980
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Njunge wrote:Angelica _ann wrote:Njunge wrote:What's up Maka?
Magistrate Mugambi has ruled that the orders by High Court temporarily blocking the DCJ’s case do not apply to the case before him. “I don’t want to amend the orders of the court, that will be trespassing on dangerous areas. I am only guided by an order that is clear and specific. So this order, in my view, does not apply to this case,”
In the ruling by high court, the case number quoted is not the one Mugambi is handling. Okay.....and all those ODM learned friends didn't notice? .BTW, if i was Uhuru i would cheekily use this one on Baba. Shake the handshake Case to continue tomorrow. The orders obtained did not stop the proceedings of the magistrate court. "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
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Rank: Member Joined: 10/6/2009 Posts: 587
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Njunge wrote:Angelica _ann wrote:Njunge wrote:What's up Maka?
Magistrate Mugambi has ruled that the orders by High Court temporarily blocking the DCJ’s case do not apply to the case before him. “I don’t want to amend the orders of the court, that will be trespassing on dangerous areas. I am only guided by an order that is clear and specific. So this order, in my view, does not apply to this case,”
In the ruling by high court, the case number quoted is not the one Mugambi is handling. Okay.....and all those ODM learned friends didn't notice? .BTW, if i was Uhuru i would cheekily use this one on Baba. Shake the handshake The mischief has started...seems we are in for a five star model entertainment yawa.
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Rank: Elder Joined: 2/27/2007 Posts: 2,768
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Saidia hapa guys. There are two files on the same case. One file with the chief magistrate of the lower court and the other file is with the high court...so far so good. But now the high court suspension of criminal proceedings against Mwilu does not amount to court order to magistrate court to stop the action and as such the high court is "a fox eating sugar cane" currently. Now what!!!?? I am lost kabisa!! ...besides, the presence of a safe alone does not signify that there is money inside...
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Rank: Elder Joined: 2/26/2012 Posts: 15,980
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They want to use this case ruling to say that DCJ cannot be prosecuted wrote:
Analysis of the law, issues and authorities
25. The core issues that falls for determination are:- (a) whether judicial officers are precluded from investigations, arrest, detention or prosecution for criminal offences allegedly committed in the course of performing their judicial functions, and (b) if answer to (a) is in the affirmative, whether there are sufficient grounds to stop the criminal proceedings against the petitioner.
26. In Bradley v. Fisher,[19] Justice Field used the following language:- “For it is a general principle of the highest importance to the proper administration of justice that a judicial officer, in exercising the authority vested in him, shall be free to act upon his own convictions, without apprehension of personal consequences to himself.
27. The above position is captured correctly in the provisions of Article 160 (5) of the constitution which provides that " A member of the Judiciary is not liable in an action or suit in respect of anything done or omitted to be done in good faith in the lawful performance of a judicial function."
But they forget this one wrote:36. Clearly, judges – like any other person – should be punished for any crimes they commit, be they general crimes, for example causing a car accident in a state of drunkenness, or specific crimes related to the judicial function, such as taking bribes for handing down favourable judgments or interfering with the administration of justice for which alone they swore to uphold. Judicial officers are bound by the constitution and the laws of the land and must live and uphold the spirit of the law. Like Ceaser's wife, they must be beyond reproach. It would be a sad day for the administration of justice if those charged with the responsibility of interpreting the law and upholding the rule of law are to be perceived as the ones breaking the law. The public will certainly lose confidence in the entire system of the administration of justice and the consequences cannot be imagined. http://kenyalaw.org/caselaw/cases/view/139318/
The circus continues"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
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Rank: Veteran Joined: 4/1/2009 Posts: 1,885
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Kaigangio wrote:Saidia hapa guys. There are two files on the same case. One file with the chief magistrate of the lower court and the other file is with the high court...so far so good.
But now the high court suspension of criminal proceedings against Mwilu does not amount to court order to magistrate court to stop the action and as such the high court is "a fox eating sugar cane" currently.
Now what!!!?? I am lost kabisa!! there is a case before the magistrate against the dcj. before a please was taken however her lawyers went before the high court (just like many kenyans have and continue to) and lodged a petition challenging the constitutionality of the criminal proceedings against her. the high court issued conservatory orders stopping the criminal proceedings against her before the magistrate pending the hearing of her petition. however the order as extracted had the wrong criminal case number and the magistrate rightfully pointed out that he can't stop the proceedings based on such an unclear order. however he gave the parties time to have the issue sorted. the only reason the magistrate could not stay proceedings as per the order is because of that wrong case number on it. so the parties would go back to court with the amended order and the criminal proceedings before the magistrate shall have to be stayed pending the hearing of the high court matter. btw, note that the dcj is currently out on her personal bond. in my opinion the magistrate is in a difficult position but has handled the matter very well.
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Rank: Elder Joined: 6/23/2009 Posts: 14,297 Location: nairobi
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Justice Philomena Mwilu has a former Attorney General as her husband and people still expect that a conviction will be obtained?? Hapa ndio mtajua learned friend inamaanisha nini COOP, IMH, KEGN, KQ, MTNU
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Rank: Elder Joined: 11/25/2011 Posts: 2,103 Location: Nrb
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Good chance to get a new DCJ who can read..... I am happy
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