wazua Sun, Oct 6, 2024
Welcome Guest Search | Active Topics | Log In | Register

10 Pages«<78910>
BREAKING NEWS......Kadhis Courts are illegal
kadonye
#161 Posted : Tuesday, May 25, 2010 5:22:07 PM
Rank: Elder


Joined: 5/30/2009
Posts: 1,390
I think most of us don't understand judicial precedents.These r rulings made by judges,not just in kenya but elsewhere esp in commonwealth countries which can be applied in judging similar cases.Courts are not bound by judicial precedents as judges unwilling to follow a precedent would subtly argue out any minor difference to b material.So can a ruling made by a court in the current consttn be relied upon?YES but the court wil need to be convinced that the precedent can 'cross over' into the new legal regime
What a wicked man I am!The things I want to do,I don't do.The things I don't want to do I find myself doing
Obi 1 Kanobi
#162 Posted : Tuesday, May 25, 2010 6:20:51 PM
Rank: Elder


Joined: 7/23/2008
Posts: 3,017
kadonye wrote:
I think most of us don't understand judicial precedents.These r rulings made by judges,not just in kenya but elsewhere esp in commonwealth countries which can be applied in judging similar cases.Courts are not bound by judicial precedents as judges unwilling to follow a precedent would subtly argue out any minor difference to b material.So can a ruling made by a court in the current consttn be relied upon?YES but the court wil need to be convinced that the precedent can 'cross over' into the new legal regime


@ Kadonye

You need to also say that such precedents must be within the constitution of the countries where the rulings are being applied and not contrary to any other written law.
"The purpose of bureaucracy is to compensate for incompetence and lack of discipline." James Collins
masukuma
#163 Posted : Tuesday, May 25, 2010 6:21:33 PM
Rank: Elder


Joined: 10/4/2006
Posts: 13,821
Location: Nairobi
We are slaves in our own country..and the worst part is - we don't even know it yet...forced to give up our land our water through treaties. the forced to live with them. If we are sorting out the 999 land tenures lets sort out the Nile treaty and the Sultan of Zanzibar treaty.
Tunanyimwa Visa, tunafugwa kama Mbwa in some places...does Kenya have a treaty with any other country to our benefit? or are we a playing ground for people?
Emiliano Zapata Salazar once said: It is better to die on your feet than to live on your knees!
We draw the line to foreign fingers manipulating our justice system.
All Mushrooms are edible! Some Mushroom are only edible ONCE!
masukuma
#164 Posted : Tuesday, May 25, 2010 6:26:02 PM
Rank: Elder


Joined: 10/4/2006
Posts: 13,821
Location: Nairobi
@all, Stop being apologetic for being free and black. unless you would rather have masters on you.
All Mushrooms are edible! Some Mushroom are only edible ONCE!
masukuma
#165 Posted : Tuesday, May 25, 2010 9:27:31 PM
Rank: Elder


Joined: 10/4/2006
Posts: 13,821
Location: Nairobi
Apparently when the case was filed in 2004, It was shown on TV and the High court judges panel's make-up was not questioned then.
SUPKEM was served twice to appear in court and it ignored the service.
The AG kept on throwing spanners in the works by seeking adjournments that delayed the ruling.
The matter of whether they proceedings were actually to proceed was tackled (the Current constitution is silent on whether it is supreme and thus cannot be questioned contrary to the draft that has that in article 2(3)) and similar cases had by high courts in several countries was presented and the Judges in 2004 saw it fit to proceed with the case.
Please note it was brought to the court's knowledge that there are only 5 countries worldwide which have Kadhi's courts that adjudicated in the whole nation. The source of these contentious Kadhi's courts is Zanzibar and even there it is not in the whole of Tanzania.
So all these Lawyers and Would-be Lawyers you see falling over themselves saying the judgement is null and void were not present or choose to be absent from the court's proceedings.
All Mushrooms are edible! Some Mushroom are only edible ONCE!
masukuma
#166 Posted : Wednesday, May 26, 2010 6:32:07 AM
Rank: Elder


Joined: 10/4/2006
Posts: 13,821
Location: Nairobi
this was a ruling and not a law ergo the constitution failing to specify that it cannot be questioned opens up that door. the Judges are on the right.
FYI: All the historical baggage that this matter has were explained to the Judges by Orengo for CKRC and Mugo for the Clergy.
All Mushrooms are edible! Some Mushroom are only edible ONCE!
Brewer
#167 Posted : Wednesday, May 26, 2010 6:37:10 AM
Rank: Member


Joined: 6/24/2008
Posts: 238
Reading the posts here, you feel like laughing when Kibaki says "Tupitishe sasa ile ambayo ina shida tutarekebisha baadaye".
Intelligentsia
#168 Posted : Wednesday, May 26, 2010 11:22:59 AM
Rank: Elder


Joined: 10/1/2009
Posts: 2,436
the judiciary is clearly usurping the powers of the legislature by declaring the courts illegal in the current constitution. Its role is to enforce the current laws and should only declare relevant provisions null and void if inconsistent with another part of the constitution!

one has to wonder about the propensity for rogueness in kenya...
Why is it that when we just start praising the police for containing crime, they suddenly go rogue and start massacring young lads, just when we start praising parliament for asserting its authority by refusing to endorse ringera's helmsmanship at KACC it suddenly goes rogue by raising salaries & perks to global highs depsite public consternation and just when we start celebrating the judiciary's new-found courage and speed in concluding election petitions & sending over 5 Mpigs back home it suddenly goes rogue and starts cleaning out its closet from 2004 'discovers' a long pending judgement & uses it to unconstitutionally abrogate itself the additional role of the legislature by saying this law is bad and shouldn't be in the current constitution?
This inconsistency worries me.
So what next?!
Brewer
#169 Posted : Wednesday, May 26, 2010 12:03:10 PM
Rank: Member


Joined: 6/24/2008
Posts: 238
I have now read the ruling and contrary to what was said by some who shouted themselves hoarse here, I see the judges were very careful not to say any part of the constitution is unconstitutional. They instead said one part of the constitution was inconsistent with the other.

Phew! I know therefore I am free.
masukuma
#170 Posted : Wednesday, May 26, 2010 12:57:02 PM
Rank: Elder


Joined: 10/4/2006
Posts: 13,821
Location: Nairobi
DID YOU KNOW:
The Hindu Council of Kenya had been served with the application and it filed an affidavit in which it raised concerns sympathetic to the applicants, basically that the inclusion of the Kadhis courts in the Bomas Draft appeared to favour one religion against another
All Mushrooms are edible! Some Mushroom are only edible ONCE!
Magigi
#171 Posted : Monday, August 09, 2010 5:55:51 PM
Rank: Elder


Joined: 3/31/2008
Posts: 7,081
Location: Kenya
Taliban execute pregnant woman in Afghanistan
http://www.nation.co.ke/.../-/ys0n66z/-/index.html

HERAT, August 9, 2010 - The Taliban publicly flogged and then executed a pregnant Afghan widow by firing three shots into her head for alleged adultery, police said on Monday.

The man who allegedly had an affair with Sanubar was not punished.
...I guess this is not what Kadhis courts are all about.

....After the KATIBA is signed on the 20th August 2010, we will now need RUTO to do the sewage work...!!!
mkenyan
#172 Posted : Monday, August 09, 2010 9:43:07 PM
Rank: Veteran


Joined: 4/1/2009
Posts: 1,883
Magigi wrote:
Taliban execute pregnant woman in Afghanistan
http://www.nation.co.ke/.../-/ys0n66z/-/index.html

HERAT, August 9, 2010 - The Taliban publicly flogged and then executed a pregnant Afghan widow by firing three shots into her head for alleged adultery, police said on Monday.

The man who allegedly had an affair with Sanubar was not punished.
...I guess this is not what Kadhis courts are all about.

....After the KATIBA is signed on the 20th August 2010, we will now need RUTO to do the sewage work...!!!


what is the relevance of the report on taliban's atrocities with this thread and the new katiba? the trail you have been blazing across wazua on your hate for islam is surprising for a supposed elder of wazua - or do they just dish out those titles here based on the number of one's post and irrespective of the content?
muganda
#173 Posted : Monday, August 09, 2010 11:13:04 PM
Rank: Elder


Joined: 9/15/2006
Posts: 3,905
@mkenyan, tough and straightforward, yet I must agree.

Bwana @magigi banaa,
-if you are single you may fall in love with a beautiful muslim lady, or your son/daughter would luckily be so attached,
-or you may fall into the hands of robbers and your friend in need be a muslim
-or perhaps you are ill, and the specialist believes in Islam
-or in a foreign country and the only person you know in your neighbourhood from Kenya was born and grew up in North Eastern

A little more faith, a little more concern for a fellow Kenyan smile

B.Timer
#174 Posted : Tuesday, August 10, 2010 12:07:25 PM
Rank: Veteran


Joined: 5/31/2008
Posts: 1,076
muganda wrote:
@mkenyan, tough and straightforward, yet I must agree.

Bwana @magigi banaa,
-if you are single you may fall in love with a beautiful muslim lady, or your son/daughter would luckily be so attached,
-or you may fall into the hands of robbers and your friend in need be a muslim
-or perhaps you are ill, and the specialist believes in Islam
-or in a foreign country and the only person you know in your neighbourhood from Kenya was born and grew up in North Eastern

A little more faith, a little more concern for a fellow Kenyan smile



Well spoken mate!
Blanket condemnation needs to be condemned!!

How did you miss to frown or more, on the execution of the expectant lady.
Such cultures whether informed by religion or tradition are simply repugnant, infact criminal.

The executioners drew their inspiration from their faith!
Dunia ni msongamano..
Magigi
#175 Posted : Tuesday, August 10, 2010 12:29:44 PM
Rank: Elder


Joined: 3/31/2008
Posts: 7,081
Location: Kenya
@Muganda
...I dont hate muslims, but I hate their actions under the guise of Islam. I have a muslim friend and he knows my stand regarding these issues.
@Mkenya
...Whether I am an elder or a newfarer is neither here nor there. I have no hatred for Muslims, but I hate how they practice their religion. How is our Katiba related to Kadhi courts? Once the new katiba becomes operational, you will see some of these barbaric practices being pracised by the Kadhi courts... and our Muslim sisters will continue suffering...I am surprised that you see nothing wrong in a woman being executed while the man walks scot free... Buy Hey Man ...peace, peace peace...
muganda
#176 Posted : Tuesday, August 10, 2010 12:57:09 PM
Rank: Elder


Joined: 9/15/2006
Posts: 3,905
@BTimer, now that you mention it, I watched the Stoning of Soraya M.

Haunting movie, based on a true story, adapted from a book writen by a French-Iranian journalist - banned in Iran, mind you.


Soraya M's husband wants to marry a young, flippant girl. But he's already married with 3 children - 2 boys, 1 girl - and he seems unable to support two families, or even return Soraya M's dowry as the custom requires.

A family friend is widowed, and the 'men of the village' ask Soraya M to start cooking for the widowed man and son. She's happy to do so in order to support her family, while unknowingly setting the stage for her husband's conspiracy on 'adultery claims'.



I don't care much for male tears, just don't have the time!
Nonetheless, when Soraya M was burried up to her waist, and her own father picked a stone but missed even after throwing thrice...
OR when the women they washed clothes with daily cast their lot against her...
OR her own sons, her very own blood off-spring, at the urging of their father, stood in front of the crowd and...


Don't act like the hypocrite, who thinks he can conceal his wiles while loudly quoting the Koran. - Hafez, 14th Century Iranian Poet

B.Timer
#177 Posted : Tuesday, August 10, 2010 2:10:57 PM
Rank: Veteran


Joined: 5/31/2008
Posts: 1,076
@Muganda

That story is moving!! So palpable are the emotions it evokes!!!
Such ordeals should not be let to happen in the 21st century.
The authorities ought to stop them without negotiations. Whether there was a step up or not is immaterial - no one should be stoned for adultery.

The flip side is,-
If it were another woman in her situation, what would Soraya M have done?!
You bet, cast a stone at the woman!

With that in mind, aside from the conspirator(s) I hestiate to blame the other lot as they are obviously under the influence of religious dogma.

It is this unsavoury religious dogma that stands condemned. Any religion that always seems to find many excuses to inflict harm unto human beings/humanity needs to soul search or be searched.
Dunia ni msongamano..
mkenyan
#178 Posted : Tuesday, August 10, 2010 3:28:43 PM
Rank: Veteran


Joined: 4/1/2009
Posts: 1,883
Magigi wrote:
@Muganda
......
@Mkenya
...Whether I am an elder or a newfarer is neither here nor there....


i stand corrected on the lebel elder. now thanks to you i have a better understanding of its meaning and or use.

Magigi wrote:
.....I have no hatred for Muslims, but I hate how they practice their religion....


so in effect you dont hate mulsims but hate islam. if you re-read my post i specifically wrote of your hate for islam, not muslims. seems i was right there, though where the hate for islam stops and non-hate for muslims begin for you is up in the winds.

Magigi wrote:
....How is our Katiba related to Kadhi courts? Once the new katiba becomes operational, you will see some of these barbaric practices being pracised by the Kadhi courts... and our Muslim sisters will continue suffering...


are you for real? you sure seem to have an understanding of the kadhi courts that is nowhere in reality. i honestly thought that through the countless debates and civic education on this, the powers and jurisdiction of the kadhi courts were obvious to those who at least bothered to seek for the truth.

in any event kindly point out to me such barbaric practices that shall be 'practised by the kadhi courts'.

Magigi wrote:
.... and our Muslim sisters will continue suffering...


you are aware that for any party to fall under the kadhi court's jurisdiction such a party must consent to the jurisdiction of the said court? the operative word here being consent.

Magigi wrote:
@Muganda
...I am surprised that you see nothing wrong in a woman being executed while the man walks scot free... Buy Hey Man ...peace, peace peace...


does the phrase taliban atrocities mean anything to you?

i used that phrase in my post and if your confessed hatred for islam did not blind you, you should have read it and realized my position on the whole incident. ATROCITIES. it is an english word and it has a meaning. i didn't realize that i had to further spell it out for the meaning to sink in.

reading your response to me, it further strikes me that your big gripe with all these is the fact that a woman was executed and the man walked scot free.

that in itself is unjust and bad but to me the greater evil is the very act of killing a woman (or a man for that matter) for her decisions on sex and her body generally, regardless of whether the society or religion allows them or not. and the killing of an innocent baby as well.
mukiha
#179 Posted : Tuesday, August 10, 2010 3:56:32 PM
Rank: Elder


Joined: 6/27/2008
Posts: 4,114
Some things are better said in full: here is the full text of the section on Kadhi Courts in the new constitution.

@magigi; can you point out the part that you have a problem with?

Kadhis’ Courts
170. (1) There shall be a Chief Kadhi and such number, being not fewer than three, of other Kadhis as may be prescribed under an Act of Parliament.
(2) A person shall not be qualified to be appointed to hold or act in the office of Kadhi unless the person—
(a) professes the Muslim religion; and
(b) possesses such knowledge of the Muslim law applicable to anysects of Muslims as qualifies the person, in the opinion of the Judicial Service Commission, to hold a Kadhi’s court.
(3) Parliament shall establish Kadhis’ courts, each of which shall have the jurisdiction and powers conferred on it by legislation, subject to clause (5).
(4) The Chief Kadhi and the other Kadhis, or the Chief Kadhi and such of the other Kadhis (not being fewer than three in number) as may be prescribed under an Act of Parliament, shall each be empowered to hold a Kadhi’s court having jurisdiction within Kenya.
(5) The jurisdiction of a Kadhis’ court shall be limited to the determination of questions of Muslim law relating to personal status, marriage, divorce or inheritance in proceedings in which all the parties profess the Muslim religion and submit to the jurisdiction of the Kadhi’s courts.
Nothing is real unless it can be named; nothing has value unless it can be sold; money is worthless unless you spend it.
Magigi
#180 Posted : Tuesday, August 10, 2010 4:00:02 PM
Rank: Elder


Joined: 3/31/2008
Posts: 7,081
Location: Kenya
Sad
Users browsing this topic
Guest (16)
10 Pages«<78910>
Forum Jump  
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.

Copyright © 2024 Wazua.co.ke. All Rights Reserved.