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Uhuru - I can rule from ICC,his lawyer,Kay -No you cant!
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pariah
#31 Posted : Sunday, September 08, 2013 10:29:47 PM
Rank: Member

Joined: 11/24/2011
Posts: 833
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mosesotieno
#32 Posted : Sunday, September 08, 2013 10:39:59 PM
Rank: New-farer

Joined: 12/2/2011
Posts: 22
BGL wrote:
Our president has spoken.
Haiwezekani Ruto na Uhuru wote wawili kuwa @the hague at the same time.
That is the real talk.


Actually what he said was, " Wajue Ruto akiwa huko, Uhuru atakuwa amekalia kiti hapa" .

Bamba 100 is being set up by his boss.
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pariah
#33 Posted : Sunday, September 08, 2013 10:44:08 PM
Rank: Member

Joined: 11/24/2011
Posts: 833
mosesotieno wrote:
BGL wrote:
Our president has spoken.
Haiwezekani Ruto na Uhuru wote wawili kuwa @the hague at the same time.
That is the real talk.


Actually what he said was, " Wajue Ruto akiwa huko, Uhuru atakuwa amekalia kiti hapa" .

Bamba 100 is being set up by his boss.



if you look in wazua, nobody gives a shit for bamba soo, hapa tuko kwa mfuko ya johnny, kazi ni kuimba baba mtukufu
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tassia
#34 Posted : Sunday, September 08, 2013 11:03:35 PM
Rank: Member

Joined: 4/25/2011
Posts: 368
Location: Nairobi
mosesotieno wrote:
BGL wrote:
Our president has spoken.
Haiwezekani Ruto na Uhuru wote wawili kuwa @the hague at the same time.
That is the real talk.


Actually what he said was, " Wajue Ruto akiwa huko, Uhuru atakuwa amekalia kiti hapa" .

Bamba 100 is being set up by his boss.


Wacha Uongo na siasa ya pesa nane. Yes he made that statement and he continued to say that " Na mimi nikiwa huko, Ruto atakuwa hapa"
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poundfoolish
#35 Posted : Sunday, September 08, 2013 11:11:52 PM
Rank: Elder

Joined: 12/2/2009
Posts: 2,458
Location: Nairobi
Then he better carry that sword to the hague..
i have family to take care of.

Angelica _ann wrote:
maka wrote:
Angelica _ann wrote:
just watched PORK speak, he is right. the court must also compromise.


Read article 73...


the Constitution of Kenya 2010 is supreme to ICC. UMK was given th sword to protect us all Kenyans.

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poundfoolish
#36 Posted : Sunday, September 08, 2013 11:25:35 PM
Rank: Elder

Joined: 12/2/2009
Posts: 2,458
Location: Nairobi
mawinder wrote:
newfarer wrote:
possible no show?

kenyans be ready for hard times if western countries isolate us.I have mainly tourism in mind. our leading forex earner.

you need to see the Chinese tourist statistics and their spending habits to know what I mean.MEAN.

NA mnasema Maziwa imepanda.

....choices have consequences

Last time I checked tea alone brought more forex than those tourist.


And where was this tea....add coffee, going? China i presume?

To those who wanted to see Kidero being handled by the West . please observe how they deal with Muthamaki as he plays hard ball..


Its the mineral deals.. or closing a tap after the other
worse if Republicans take over the white house in 2016. Mtsjua Neo-con 'capitalusts' ni nini

but alll in all. i see the courts easing the schedules so that they alternate.
So @thimioni you can start preparing your 'ICC should know people' post.
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maka
#37 Posted : Sunday, September 08, 2013 11:26:23 PM
Rank: Elder

Joined: 4/22/2010
Posts: 11,522
Location: Nairobi
Lolest! wrote:
@innovate, @angelica, @maka na wengineo. Check Article 143 (1)-(4). Tell me if I have erred in interpretation. www.katiba.mobi on your phone/comp.


You are on point....

One needs to read Article 143 very carefully. Its a template provision in all Constitutions in the World. The mischief sought to be curtailed behind the provision is to ensure the integrity of the Presidency so that a sitting President is not embarassed by Court proceedings

However the wording is key:

Criminal proceedings will not be instituted or continued in
any court against the President or a person performing the
functions of that office, DURING their tenure of office.
That means that once he is out of office a criminal action may be brought against him or her esp. seeing that the law of limitations in respect of criminal actions does not apply in Kenya
As for Civil proceedings the position is the same and Article 143 clearly states that they shall not be instituted in any court against the President or for that matter against the person performing the functions of that
office DURING their tenure of office
So likewise in some cases Civil action can be taken out against the President after his term
However it is to be remembered that Civil Actions have limitation periods ranging from 1 year to 12 years (Defamation cases) for claims arising out of judgments.

But luckily Art. 143 covers that as well

It states that where provision is made in law limiting the time within which proceedings may be brought against a person, a period of time during which the person holds or performs the functions of the office of the President shall not be taken into account in calculating the period of time prescribed by that law
Simply meaning that if say the current Prezzy who started work in 2013 gets two terms and leaves in 2023 time stops running so that even a Defamation action which would have lapsed in one year say 2014 will have life until 2024.

The immunity of Uhuru under Article 143 does not
extend to crimes for which he may be prosecuted under any treaty to which Kenya is party and which prohibits
such immunity
possunt quia posse videntur
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poundfoolish
#38 Posted : Sunday, September 08, 2013 11:27:32 PM
Rank: Elder

Joined: 12/2/2009
Posts: 2,458
Location: Nairobi
Lolest! wrote:
The katiba bars criminal proceedings against president in article 143. But part 4 of that article 143 waives all that immunity if it relates to charges brought under a treaty which Kenya is party to. Seemms CoE had foreseen this.


hence the push to pull out of the ICC
I
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newfarer
#39 Posted : Sunday, September 08, 2013 11:34:13 PM
Rank: Elder

Joined: 3/19/2010
Posts: 3,505
Location: Uganda
poundfoolish wrote:
mawinder wrote:
newfarer wrote:
possible no show?

kenyans be ready for hard times if western countries isolate us.I have mainly tourism in mind. our leading forex earner.

you need to see the Chinese tourist statistics and their spending habits to know what I mean.MEAN.

NA mnasema Maziwa imepanda.

....choices have consequences

Last time I checked tea alone brought more forex than those tourist.


And where was this tea....add coffee, going? China i presume?

To those who wanted to see Kidero being handled by the West . please observe how they deal with Muthamaki as he plays hard ball..


Its the mineral deals.. or closing a tap after the other
worse if Republicans take over the white house in 2016. Mtsjua Neo-con 'capitalusts' ni nini

but alll in all. i see the courts easing the schedules so that they alternate.
So @thimioni you can start preparing your 'ICC should know people' post.

our flowers and horticultural products can go to China too. Who cares!!!
punda amecheka
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pariah
#40 Posted : Sunday, September 08, 2013 11:35:37 PM
Rank: Member

Joined: 11/24/2011
Posts: 833
tassia wrote:
mosesotieno wrote:
BGL wrote:
Our president has spoken.
Haiwezekani Ruto na Uhuru wote wawili kuwa @the hague at the same time.
That is the real talk.


Actually what he said was, " Wajue Ruto akiwa huko, Uhuru atakuwa amekalia kiti hapa" .

Bamba 100 is being set up by his boss.


Wacha Uongo na siasa ya pesa nane. Yes he made that statement and he continued to say that " Na mimi nikiwa huko, Ruto atakuwa hapa"



d'oh! d'oh! d'oh! d'oh! d'oh!
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