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BREAKING NEWS......Kadhis Courts are illegal
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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
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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
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masukuma
#163 Posted : Tuesday, May 25, 2010 6:21:33 PM
Rank: Elder

Joined: 10/4/2006
Posts: 13,823
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!
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masukuma
#164 Posted : Tuesday, May 25, 2010 6:26:02 PM
Rank: Elder

Joined: 10/4/2006
Posts: 13,823
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!
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masukuma
#165 Posted : Tuesday, May 25, 2010 9:27:31 PM
Rank: Elder

Joined: 10/4/2006
Posts: 13,823
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!
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masukuma
#166 Posted : Wednesday, May 26, 2010 6:32:07 AM
Rank: Elder

Joined: 10/4/2006
Posts: 13,823
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!
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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".
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  | | Edit by user: Wednesday, May 26, 2010 6:38 AM | Reason: Not specified
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?!
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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.
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masukuma
#170 Posted : Wednesday, May 26, 2010 12:57:02 PM
Rank: Elder

Joined: 10/4/2006
Posts: 13,823
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!
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