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Governor Miguna Miguna
Rank: Elder Joined: 9/20/2015 Posts: 2,811 Location: Mombasa
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masukuma wrote:hardwood wrote:  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' The despots  have finally succeeded ejecting MM out. I'm 100% convinced that the 3day ordeal in a seemingly squalid lavatory is likely to produce a blockbuster movie. Happy are those trailblazers that would smile all the way to the bank when the film hits the screens of international theaters. John 5:17 But Jesus replied, “My Father is always working, and so am I.”
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Rank: Veteran Joined: 10/29/2008 Posts: 1,566
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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 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. Isuni yilu yi maa me muyo - ni Mbisuu
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Rank: Veteran Joined: 9/21/2011 Posts: 2,032
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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
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Rank: Elder Joined: 10/3/2008 Posts: 4,057 Location: Gwitu
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Coming soon...'Three days in the toilet'by MM Truth forever on the scaffold Wrong forever on the throne (James Russell Rowell)
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Rank: Veteran Joined: 10/29/2008 Posts: 1,566
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As for Miguna, the guy has boxed himself into a corner. Going forward flying isn't going to be as easily accessible. Canada (though eventually are likey to indulge him), might want to know what happened to his unexpired passport before they issue him another one. Isuni yilu yi maa me muyo - ni Mbisuu
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Rank: Elder Joined: 10/4/2006 Posts: 13,822 Location: Nairobi
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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? All Mushrooms are edible! Some Mushroom are only edible ONCE!
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Rank: Veteran Joined: 10/29/2008 Posts: 1,566
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error Isuni yilu yi maa me muyo - ni Mbisuu
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Rank: Veteran Joined: 4/1/2009 Posts: 1,884
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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.
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Rank: Veteran Joined: 10/29/2008 Posts: 1,566
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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 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? Of course. But two wrongs don't amount to a right. My view is that on this issue there were just too many wrongs. I agree Court orders must be complied with. If you dont agree with the orders (and on this I must say the latest orders bordered on the ridiculous) you seek to have them somewhat vacated. To that extent the 'mandarins' erred. But the judiciary out to exercise utmost restraint. What prevented Odunga from giving the mandarins the benefit of the doubt and allow more time. You cannot have a matter brought to you today, then in the next 24hours you are jailing the head of the Police, the head of Immigration, the head of DCI, etc etc Isuni yilu yi maa me muyo - ni Mbisuu
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Rank: Veteran Joined: 10/29/2008 Posts: 1,566
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There is a reason why on average Court cases all over the world take time to be finalised. Judges always indulge and allow litigants time and room to prosecute their case, much to the chagrin of the common guy on the street who craves 'instant' justice! Isuni yilu yi maa me muyo - ni Mbisuu
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Rank: Elder Joined: 7/10/2008 Posts: 9,131 Location: Kanjo
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masukuma wrote:hardwood wrote:  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!!!!
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Rank: Veteran Joined: 10/29/2008 Posts: 1,566
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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
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Rank: Elder Joined: 7/1/2011 Posts: 8,804 Location: Nairobi
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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
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Rank: Veteran Joined: 9/21/2011 Posts: 2,032
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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
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Rank: Elder Joined: 10/4/2006 Posts: 13,822 Location: Nairobi
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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!
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Rank: Veteran Joined: 4/1/2009 Posts: 1,884
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harrydre wrote:masukuma wrote:hardwood wrote:  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?
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Rank: Veteran Joined: 10/29/2008 Posts: 1,566
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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
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Rank: Veteran Joined: 10/29/2008 Posts: 1,566
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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
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Rank: Veteran Joined: 10/29/2008 Posts: 1,566
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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
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Rank: New-farer Joined: 6/5/2014 Posts: 47
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