This is a shallow post. Nothing exist in a vacuum.Orders not backed by law or even common sense should not be obeyed. Any judge that does not take into consideration the stability of the country in his rulings is a threat to this country.
How do you compare Kenya, a country that is barely 50 years old with homogeneous countries with over a thousand years history, make no sense.
What Odunga has been doing is to dilute the authority of the state and its institutions. Allowing Miguna entry without him presenting the documents he had used to travel would have created 45 million rebels. Any body would henceforth cite the case to go through the immigration checks without documents.
Odunga has been issuing orders while Miguna was in Canada, why could he not do it now? Why was he demanding Miguna to be in court now?
Odunga has been trying to encourage disobedience by diluting the authority of the state in a lawless country. He should be resisted at all cost.
Can you remember him ordering the election to be postponed by the IEBC on a condition of printing firm, only for him to be overturned by a three judge bench.
basi haujui how the High court operates. first of all, can you tell us which division Odunga is in charge of?
have you ever seen Odunga presiding over divorce cases or land disputes?
You have said it as it is, no sugar coating. A country is governed by the majority will of the people. Those in executive are representitive of the people, the will of the people, the creation of the people. The law is nothing if it goes against the wish of the people. The well being of a community is more important than the rights of an individual or fullfillment of the law. This where common sense is needed. We are basically not equal, the death of a president can cause chaos and instability for decades. But the death of a wanjiku has no much impact.
it sets a bad precedent when the executive disobeys court orders no matter how outrageous they seem, that is just wrong. Hii story ya Miguna should have been better handled by all parties especially the courts, it was abundantly clear Miguna was denied entry because he refused to surrender his Canadian passport for processing, Odunga should have ordered him to produce it, that would have sorted the whole issue.
It does not help anyone when the Judiciary and the executive face off especially on matters that are fundamentally more political than legal, if one falls the other one falls too
Courts will always have one direction or another, activist, liberal, conservative, extremist, etc, etc. Just depends on their makeup. And this is okay as long as there is a system of checks and balances. A lower court can rule a certain way and that ruling with proof overturned. The only problem will lie if a certain judges’ rulings are continuously being overturned. Then action needs to be taken. Far too long as Kenyans were are fixated on personalities. Odunga, etc. And whichever side of the divide you are, we turn blind to the other side, or many times, reality.
Migunas case is rather unfortunate. He initially made his point. But he should have read into the situation. The only resolve to his case was in a consitutional court. Not airport officers. Or head of police or Interior CS. You cant make arguments in an airport.
what do you say about this Itumbi amepost huko FB? Is Odunga following the law? This isa rogue judge
Section 30 Contempt of Court Act’ 2016.
Punishment against management of State organ, government department, ministry or corporation
(1) Where a State organ, government department, ministry or corporation
is guilty of contempt of court in respect of any undertaking given to a court by the State organ, government department, ministry or corporation, the court shall serve a notice of not less than thirty days on the accounting officer, requiring the accounting officer to show cause why contempt of court proceedings should not be commenced against the accounting officer.
(2) No contempt of court proceedings shall be commenced against
the accounting officer of a State organ, government department, ministry or corporation, unless the court has issued a notice of not less than thirty days to the accounting officer to show cause why contempt of court proceedings should not
be commenced against the accounting officer.
(3) A notice issued under subsection (1) shall be served on the accounting
officer and the Attorney-General.
(4) If the accounting officer does not respond to the notice to show cause issued under subsection (1) within thirty days of the receipt of the notice, the court shall proceed and commence contempt of court proceedings against the accounting officer.
(5) Where the contempt of court is committed by a State organ, government department, ministry or corporation, and it is proved to the satisfaction of the court that the contempt has been committed with the consent or connivance of, or is
attributable to any neglect on the part of any accounting officer, such accounting officer shall be deemed to be guilty of the contempt and may with the leave of the court be liable to a fine not exceeding two hundred thousand shillings.
(6) No State officer or public officer shall be convicted of contempt of court for the execution of his duties in good faith
:D:D:D Seems the I am wrong in following the spirit of the law part. I assume Odunga had no malice and will overturn his decision to fine my good bosses. It’s in the interest of the country that the law’s be followed, otherwise it will create dissonance.
It is naive to think that the legal system in the west is not biased, reading about Elizabeth Warren in the USA will open up views on the justice system in the west.
That said, for every system there has to be an enforcer, and you can never ask an enforcer to enforce themselves, not in Kenya not in South Korea, not in the USA, you use other means to get the enforcer dismissed then you can have them arrested.
Nilishangaa Odunga didn’t finish his sentencing with Tialala! Rrrrrriiiiiah! This is the guy who has screwed the working relationship between the judiciary and the other two arms of govt. He has managed to give the opposition a foot in government, and thus it can’t work in tandem. I mean this is the same guy who pulled out at the last minute as a presiding judge in the people’s prezo swearing in. We can’t have a judiciary supported by, say 43% of Kenyans like a political party. Support for judiciary should be 100℅! The laws of the land are supreme, not the interpreters. Kenya judges hujifanya mungu
I concede I don’t know much about the courts but what you stated there is quite obvious. My issue is more to do with the rullings. During the elections we had courtd giving orders left right and center with zero and I mean zero regard for timelines. Then towards the deadline the same Nasa fellows were trying to have the elections postponed because of lack of preparedness. Over 15 cases in court during that period and Odunga was just going with the flow as if he lived in a different country.
Fast forward to maraga nullifying the election on technicalities even when majority of people felt this was one of the best managed elections. He then cost the country another 10+ billion and that is why we are now having the problems in treasury right now.
To hell with the judiciary.
I thought that under special circumstances e.g. public interest a judge can fast track a hearing and determination. But that is up to the lawyers to tell us.
There’s no face off in my reading. The judge, not the judiciary, gave cheeky, impractical orders, so that they could be disobeyed and hence added his brush strokes to the canvas of the narrative that the executive has impunity. Kwani the judge came from a vaccum not to know that the Canadian had not cleared immigration and hence wasn’t legally on Kenyan soil? OK, tell me I am being academic.
So a judge can just pull a court order out of his ass and the executive is supposed to just obey so as to be seen to be upholding the rule of law…even when said judge has always been biased against the government? Even when said judge ignores the fact that Miguna broke the law by failing to present his papers? I think that’s nonsense good Sir. What Odunga has succeeded in doing is shitting on the rule of law. If he issues his partisan orders, then the executive gets a friendly judge to overturn those orders, where does that leave us? The entire thing then becomes a farce.