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BREAKING NEWS......Kadhis Courts are illegal
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masukuma
#61 Posted : Monday, May 24, 2010 3:56:07 PM
Rank: Elder

Joined: 10/4/2006
Posts: 13,823
Location: Nairobi
@theman192000, A constitution cannot in one breath lock every other culture, religion and systems of laws in kenya into article 45(4) and force them to act within the constitution and then with the same breath give ONE religion/culture a court to rule over the same matters and using their law and not in accordance to the constitution coz their laws are grafted to the constitution similar to international treaties.
this is an INJUSTICE.
Maasais have a way of life too, Turkanas also. Hindus are a religion and we can all fit into article 45(4).- FYI : this is how TZ handles Muslims.
All Mushrooms are edible! Some Mushroom are only edible ONCE!
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nanfor1
#62 Posted : Monday, May 24, 2010 3:56:52 PM
Rank: Member

Joined: 11/30/2009
Posts: 141
@masukuma I am deeply disappointed to see that our judges still need to go to school. While I have my own views on this matter, i find it very dangerous to use lame law to try and justify a ruling.

I have tried to be even a bit optimistic but it is obvious to me that the same machinations that ran Kenya for over a quarter century have been applied here. So sad indeed.

2012 here we come. Same ol' same ol". Where will you be?
Hata wakizima taa
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masukuma
#63 Posted : Monday, May 24, 2010 3:58:19 PM
Rank: Elder

Joined: 10/4/2006
Posts: 13,823
Location: Nairobi
@Fundaah, it was a straight call - we had been saying it.
All Mushrooms are edible! Some Mushroom are only edible ONCE!
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Fundaah
#64 Posted : Monday, May 24, 2010 4:00:03 PM
Rank: Elder

Joined: 11/19/2008
Posts: 1,267
At what point do the people of Kenya have soverign power...Ie when is it possible for Kenyans to ignore court rulings ?.... can the president do something at this point? ...we need a new constitution bwana....
Isaiah 65:17-Look! I am creating new heavens and a new earth, and no one will even think about the old ones anymore
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masukuma
#65 Posted : Monday, May 24, 2010 4:03:31 PM
Rank: Elder

Joined: 10/4/2006
Posts: 13,823
Location: Nairobi
@nanfor1, have hope...have faith. We can have this draft if we desire and we desire. I think politicians have lied to us that there are only two choices...only two option. YES or NO... so the nation is in a tunnel vision situation.
I dare to have hope that we can stop it and amend it and move on. We should have a draft by the end of the year - a Draft we are all happy with.
All Mushrooms are edible! Some Mushroom are only edible ONCE!
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nanfor1
#66 Posted : Monday, May 24, 2010 4:05:35 PM
Rank: Member

Joined: 11/30/2009
Posts: 141
@ Fundaah, this doesn't change the proposed constitution in anyway.

What it does is make me wonder exactly how dumb our judges are. this ruling is amazing in the fact that they can say something in a constitution is illegal. Based on what? All legal and illegal laws stem from the constitution. Just amazing.

these are the same judges who have been presiding in Kenya over the past half century. No wonder we have so many problems.

Anyway, like i have said. Kenya will never get a constitution in my lifetime. Tutakaa vivi hivi.
Hata wakizima taa
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masukuma
#67 Posted : Monday, May 24, 2010 4:11:47 PM
Rank: Elder

Joined: 10/4/2006
Posts: 13,823
Location: Nairobi
Kenyans need to start now being able to obey the law..unpleasant or otherwise. If a simple judge ruling cannot be obeyed. it shows the constitution or any other will not be obeyed when it displeases you. We need to come to a place where we respect our laws and live by them or change them to suit our needs.
If Kenyans disregard this ruling - they will be no different from the Kenyans that disregarded the laws in 2007-2008 and went to war. We will have shown ourselves to be wild beasts in human clothing that can only obey laws as long as they suit them.
All Mushrooms are edible! Some Mushroom are only edible ONCE!
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Jump-steady
#68 Posted : Monday, May 24, 2010 4:13:07 PM
Rank: Veteran

Joined: 12/1/2008
Posts: 1,098
What have these learned fellows been doing with that case since 2004? Have they acted in utmost good faith considering the timing of the ruling? Something is not right Sad
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Brewer
#69 Posted : Monday, May 24, 2010 4:36:01 PM
Rank: Member

Joined: 6/24/2008
Posts: 238
The judges have not stated anything new; the church has been on this issue all through even before Bomas and yet the Committee of 'experts' decided to ignore them. Some now are throwing mud at the judges as if they originated the case- remember someone went to court with a grievance- that it entrenches inequality- and the judges agreed. The grievance is shared by millions of others who now are in the NO camp. You want to throw mud at all of them too?

@Masukuma hongera and keep the flame alive.
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kadonye
#70 Posted : Monday, May 24, 2010 4:36:25 PM
Rank: Elder

Joined: 5/30/2009
Posts: 1,390
Interesting turn of events.Legally it will not stop the new constitution from passing as constitutions r the supreme law.Judicial precedent can only be used by the plaintiff to argue their case out.Judges r not bound to follow it.However, politically this is probably the best chance of the NO team adding steam to their campaign engine.This is now a very tricky issue...
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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