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Rank: Veteran Joined: 10/29/2008 Posts: 1,566
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Wakanyugi wrote:alma1 wrote:Good day indeed.
We are seeing the dying breath of the Moi court system being dismantled. Then we have some 8 payukarers sleeping in a cell. If a judge gives bwana kuria bond on Friday, I'll be very disappointed but at least I can tell bwana earings. Good fight well faught and happy retirement. A good day indeed. But there is one thing I did not get. This maneno of room to appeal. Appeal to whom? Is this not the court of last resort? Can someone please explain this to me, slowly, with pictures if possible? The matter was not substantively determined. It died off on a technicality – that three Judges recused themselves as not suitable to hear and pass a determination on the matter. Hence in the future, once the supreme court gets new judges that can constitute a bench of five suitable and willing to hear the case, then Tunoi and Rawal may consider petitioning the court for a hearing. I don’t know what use this would be as their positions will effectively have been taken – may be for academic sake! And oh may be some cash too! 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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Njooky wing and the obvious higher-ups using new tactics!Quote:In a protest letter from the Judicial Service Commission’s lawyers, the Judiciary accuses the Government Printer of frustrating publication of notices declaring the said three offices as vacant.
According to the lawyers, the publication had not been done, claiming that it was an indication that there were underlying interest of persons, though not named, who the Government Printer was protecting. But JSC determined to see the sealing of the end of the tussle and opening of a new chapter as Jobs advertisedQuote:The fate of Deputy Chief Justice Kalpana Rawal and Supreme Court Judge Philip Tunoi appear to have been sealed after the Judicial Service Commission (JSC) yesterday prepared their retirement letters and started the process of filling their positions.
The Judiciary’s director of communications Naim Bilal on Wednesday said it had prepared normal retirement letters for the two, which require them to clear with the institution and also advise on the procedures for payment of terminal benefits.
The JSC has also advertised the two positions and has asked interested applicants to submit their documents no later than July 6. Isuni yilu yi maa me muyo - ni Mbisuu
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Rank: User Joined: 1/20/2014 Posts: 3,528
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@masukuma, your call to respect independent institutions cannot hold if the same institutions are cannibalizing themselves internally. Formal education will make you a living. Self-education will make you a fortune - Jim Rohn.
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Rank: Veteran Joined: 4/1/2009 Posts: 1,885
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Ngalaka wrote:Njooky wing and the obvious higher-ups using new tactics!Quote:In a protest letter from the Judicial Service Commission’s lawyers, the Judiciary accuses the Government Printer of frustrating publication of notices declaring the said three offices as vacant.
According to the lawyers, the publication had not been done, claiming that it was an indication that there were underlying interest of persons, though not named, who the Government Printer was protecting. But JSC determined to see the sealing of the end of the tussle and opening of a new chapter as Jobs advertisedQuote:The fate of Deputy Chief Justice Kalpana Rawal and Supreme Court Judge Philip Tunoi appear to have been sealed after the Judicial Service Commission (JSC) yesterday prepared their retirement letters and started the process of filling their positions.
The Judiciary’s director of communications Naim Bilal on Wednesday said it had prepared normal retirement letters for the two, which require them to clear with the institution and also advise on the procedures for payment of terminal benefits.
The JSC has also advertised the two positions and has asked interested applicants to submit their documents no later than July 6. and they should refund the public remuneration received as judges after turning 70.
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Rank: Veteran Joined: 7/3/2007 Posts: 1,635
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Ngalaka wrote:Wakanyugi wrote:alma1 wrote:Good day indeed.
We are seeing the dying breath of the Moi court system being dismantled. Then we have some 8 payukarers sleeping in a cell. If a judge gives bwana kuria bond on Friday, I'll be very disappointed but at least I can tell bwana earings. Good fight well faught and happy retirement. A good day indeed. But there is one thing I did not get. This maneno of room to appeal. Appeal to whom? Is this not the court of last resort? Can someone please explain this to me, slowly, with pictures if possible? The matter was not substantively determined. It died off on a technicality – that three Judges recused themselves as not suitable to hear and pass a determination on the matter. Hence in the future, once the supreme court gets new judges that can constitute a bench of five suitable and willing to hear the case, then Tunoi and Rawal may consider petitioning the court for a hearing. I don’t know what use this would be as their positions will effectively have been taken – may be for academic sake! And oh may be some cash too! I think I get it now, thank you. But, just a minute....the litigants would be suing to get back their jobs to replace at least two of the same judges who will be hearing their case. How now? And then there is the issue of Njoki and Ojwang having clear conflict of interest, despite their ruling to the contrary...and their jobs hanging in the balance.... And then there is the question of a new CJ and the critical role he/she has to move the SC into a new more responsible direction. My head hurts. But this is classic 'drama queen' Kenya. Why do anything the easy way when you can make it complicated and keep the country on the edge? Thank you all the same. "The opposite of a correct statement is a false statement. But the opposite of a profound truth may well be another profound truth." (Niels Bohr)
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Rank: Veteran Joined: 8/25/2012 Posts: 1,826
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in a layman world, my understanding is that some justices refused, or excused themselves from hearing a case, and now that is being called 'solomonic' (whatever that is) wisdom. Is refusing to face an issue a good thing, or good leadership or can someone explain how this thing unfolded, mimi I don't like cowardice I would rather they faced the issue and whichever side got more support won, ama what is the role of a court
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Rank: Elder Joined: 9/15/2006 Posts: 3,907
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The saga continues - will JSC sue the naughty government printer? 
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Rank: Veteran Joined: 4/1/2009 Posts: 1,885
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Wakanyugi wrote:Ngalaka wrote:Wakanyugi wrote:alma1 wrote:Good day indeed.
We are seeing the dying breath of the Moi court system being dismantled. Then we have some 8 payukarers sleeping in a cell. If a judge gives bwana kuria bond on Friday, I'll be very disappointed but at least I can tell bwana earings. Good fight well faught and happy retirement. A good day indeed. But there is one thing I did not get. This maneno of room to appeal. Appeal to whom? Is this not the court of last resort? Can someone please explain this to me, slowly, with pictures if possible? The matter was not substantively determined. It died off on a technicality – that three Judges recused themselves as not suitable to hear and pass a determination on the matter. Hence in the future, once the supreme court gets new judges that can constitute a bench of five suitable and willing to hear the case, then Tunoi and Rawal may consider petitioning the court for a hearing. I don’t know what use this would be as their positions will effectively have been taken – may be for academic sake! And oh may be some cash too! I think I get it now, thank you. But, just a minute....the litigants would be suing to get back their jobs to replace at least two of the same judges who will be hearing their case. How now? And then there is the issue of Njoki and Ojwang having clear conflict of interest, despite their ruling to the contrary...and their jobs hanging in the balance.... And then there is the question of a new CJ and the critical role he/she has to move the SC into a new more responsible direction. My head hurts. But this is classic 'drama queen' Kenya. Why do anything the easy way when you can make it complicated and keep the country on the edge? Thank you all the same. can't get back their jobs in that instance. if they succeed the most they would get is money for wrongful retirement or something like that. the only one who would benefit by retiring at 74 would be the judges who would still be serving and were employed before the 2010 constitution. some of the judges who may benefit by such a decision are justices ojwang and ibrahim who, like justices rawal and tunoi, were employed as judges before the 2010 constitution.
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Rank: Elder Joined: 3/2/2009 Posts: 26,331 Location: Masada
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mkenyan wrote:Wakanyugi wrote:Ngalaka wrote:Wakanyugi wrote:alma1 wrote:Good day indeed.
We are seeing the dying breath of the Moi court system being dismantled. Then we have some 8 payukarers sleeping in a cell. If a judge gives bwana kuria bond on Friday, I'll be very disappointed but at least I can tell bwana earings. Good fight well faught and happy retirement. A good day indeed. But there is one thing I did not get. This maneno of room to appeal. Appeal to whom? Is this not the court of last resort? Can someone please explain this to me, slowly, with pictures if possible? The matter was not substantively determined. It died off on a technicality – that three Judges recused themselves as not suitable to hear and pass a determination on the matter. Hence in the future, once the supreme court gets new judges that can constitute a bench of five suitable and willing to hear the case, then Tunoi and Rawal may consider petitioning the court for a hearing. I don’t know what use this would be as their positions will effectively have been taken – may be for academic sake! And oh may be some cash too! I think I get it now, thank you. But, just a minute....the litigants would be suing to get back their jobs to replace at least two of the same judges who will be hearing their case. How now? And then there is the issue of Njoki and Ojwang having clear conflict of interest, despite their ruling to the contrary...and their jobs hanging in the balance.... And then there is the question of a new CJ and the critical role he/she has to move the SC into a new more responsible direction. My head hurts. But this is classic 'drama queen' Kenya. Why do anything the easy way when you can make it complicated and keep the country on the edge? Thank you all the same. can't get back their jobs in that instance. if they succeed the most they would get is money for wrongful retirement or something like that. the only one who would benefit by retiring at 74 would be the judges who would still be serving and were employed before the 2010 constitution. some of the judges who may benefit by such a decision are justices ojwang and ibrahim who, like justices rawal and tunoi, were employed as judges before the 2010 constitution. Was the law applied retroactively or something like that? I think anyone judge must retire at 70 whether employed in 2000 or 2016? Tell me. Portfolio: Sold
You know you've made it when you get a parking space for your yatcht.
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Rank: User Joined: 1/20/2014 Posts: 3,528
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