The writing was on the wall...

Justice Maraga to be confronted on competence and legal judgement.

WEDNESDAY OCTOBER 12 2016

Chief Justice nominee David Maraga is this morning set to be confronted with arguments that he lacks the competence and legal judgment to head the Judiciary, one of the three arms of government.

The argument, filed in the National Assembly by lawyer Bernard Kibet Sang, has been fronted by the family of David Kimutai Too, the Ainamoi member of Parliament who was gunned down by a police officer in Eldoret in January, 2008.

Mr Sang said in an affidavit sworn with Mr Tom Cheruiyot Biegon and filed in Parliament on Tuesday that Justice Maraga erroneously reduced the murder charge against Andrew Moeche, who killed Mr Too and Eunice Chepkwony, to manslaughter.

Justice Maraga’s ruling that Moeche was provoked and acted in self-defence did not go down well with the MP’s family, who preferred the death sentence for cold-blooded murder.

“This honourable House, through this honourable committee, has an opportunity to put the learned judge in his defence of the judgment,” said Mr Sang and Mr Biegon. “Out of the learned judge’s decision, the families of the deceased, as well as the constituents of Ainamoi Constituency felt that justice was not served, and it is for this reason that they are opposed to the appointment of the nominee to the highest court and judicial office of justice.”

PROSECUTION’S EVIDENCE

This, they said, was despite agreeing with the prosecution’s evidence that Moeche went hunting for his victims in West Indies Estate, which showed he had made up his mind and was clear in his mind that he was going to commit the act.

Justice Maraga enjoys support from the opposition and ruling Jubilee coalitions, expressed by Cord leader Raila Odinga and National Assembly Majority Leader Aden Duale.

But it is the Court of Appeal judge’s record on the Bench, his handling of the Moeche case and the backlog he allegedly created at the Eldoret court that have been cited by Mr Sang and Mr Biegon, as well as Mr Fredrick Onyancha, the authors of the two known objections filed in the National Assembly.

In the Moeche case, Mr Sang and Mr Biegon argued that Justice Maraga did a general analysis without pinpointing evidence to do with express or implied malice. The advocate and his client also argued that Justice Maraga was wrong to conclude that Ms Chepkwony, with whom Moeche had a love affair, had entered into a relationship with Mr Too. They argued that fellow officers had said there was no such
relationship between Moeche and Ms Chepkwony. They also argued that the judge wrongly believed the allegation that Mr Too had claimed Moeche was spreading rumours that Ms Chepkwony had HIV/Aids.

They added that he relied on hearsay and disregarded testimony that Ms Chepkwony and Mr Too did not train a gun on Moeche.

http://www.nation.co.ke/news/1056-3414640-format-xhtml-1kjcbpz/index.html

@King popeye njoo

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Two months… Hii mikora iko supreme Court iende nyumbani… Mark my words coz jubilee and its affiliate parties have 213 seats out of 349 in the national assembly…and majority in all houses… Kids gloves are now off!!

"We have accepted the decision but they will also know that we are men… UHURU.

https://www.the-star.co.ke/news/2017/09/01/uhuru-addresses-burma-market-rally-as-kenyans-prepare-for-fresh-polls_c1628238

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[ATTACH=full]123462[/ATTACH]

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Kwani maraga ni mzuri kama ana rule in your favour?

One day that tyrannical rule will bite you in the ass too

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our kids gloves are off too, si nyie peke yenyu mnajua kuzitoa

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I don’t think you should bank on a majority. MPs are already at home now and have no business kissing muthamaki’s nuts now. I think it is stupid for Uhuru to threaten judges and expect them to rule fairly in the upcoming elections which we all know will result in a petition. As of now, those judges have him by the nuts.

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Have your 15 minutes of fame… Remember it’s not noise and aimless celebrations that determines the winner… It’s the number of votes cast and we have them… Enjoy your perceived moment of glory.

Uhuru should figure a way of intimidating those judges. By intimidation I mean serious threats using proxies. Politics is a dirty game so he better play dirty. Threatening their families would be a good place to start. When gloves come off, it should be mafia style. These people understand only one language, he should speak it fluently.

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He does that always and He usually kills too, so thats not something so new to us. Tell us something different…

You did too.

[SIZE=5]4 - 2 kwanini hii imekuwa ngumu kuelewa? Or according to you Justice Maraga clonned himself 6 times and made the decision.

[ATTACH=full]123466[/ATTACH] [/SIZE]

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No. Let the judges be. Lakini hii kifaranga wanajaribu kuhatch watashangaa. Wembe ni ule ule

OK… Paka akitota panya hutawala… Hawa panya Wana celebrate na bado Paka ako area? Watajua hawajui! :D:D:D:D

Sichelewi

[SIZE=6][COLOR=rgb(179, 0, 0)]Accept and move on. We cannot be politicking 24/7. Go back to nation building
[/SIZE]
[SIZE=3](every jubilee supporter addressing a NASA supporter after the 8/8 election and 2013)[/SIZE]

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Na wange rule in your favour

Fisked!

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unfortunately, my fren, this is politics in kenya. We celebrate what soothes our egos and castigate that goes against.

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Wachaneni na Maraga and the entire scork, they did their job. Uhuru shoukd focus on khocha chebukati and the kimilili poys pant leater chiloba. They bungked his victory.

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What’s retired CJ Mutunga’s take on this?I would really love to know his position.

Uli msiani kamili