The Impact Of The 17th On Maraga's Legacy

[Ubongo]

Tupatane kwa debe, everyone is waiting for the full ruling

[ScotlandYard]

@Mzichi

2. In the case of a fresh election, however, the two houses, Senate and Parliament, should accept the ruling before it is approved. If, however, the two houses do not support the cancellation of the election, the person declared winner should be sworn in.

3. The president should be chairman of the JSC. (This way sovereign power is truly the people’s. An elected leader heads all the arms of government and by extension, the people do. You may claim this gives the president too much power but…that is kind of the intention. Let the most powerful man in the land be someone the people can vote out when they smell mischief)

(The wisdom of #2 is that a rigged in president would lack the numbers and his or her election would never be confirmed. If the winner has the numbers in the two houses, then his or her election was genuine and there is, therefore, no need to waste money on a fresh election. To justify this, in 2007, fresh elections would have been held as the prezo lacked the numbers in bunge…because he…acha yaliyo ndwele sipite)

Flawed thinking.

In both cases,then the idea of separation of power is greatly affected and would mean the Judiciary would be a bi*tch to both the legislature and executive. It exists to keep rogue presidents and legislators in check and is working just fine.

The idea that a presidential candidate’s win is only supported by the mere fact that he has a majority in both houses would mean rigging/election malpractice would be devolved further to the other seats for one to justify their win. It would be a huge injustice to Kenyans. Will never see the light of day.

[Mzichi]

@Mr Black

you are overthinking. The current arrangement is the best there is. Subjecting a court decision to a political process will only divide the country and might give new life to injustice.

The executive has representation in the JSC, that is how it should remain.

Is it really a political process? Checks and balances is the name of the game. People check elected leaders, it is only logical for the elected leaders to check the judiciary. If the supreme court judges were to design a Judicial coup, I am not saying that they did. In fact assume the ruling never happened. For argument’s sake, if the SCOK were to be compromised, how would we go about it?

Article 168(2) The removal of a judge may be initiated only by the Judicial
Service Commission acting on its own motion, or on the petition of any
person to the Judicial Service Commission.

This means that the JSC has to allow the President to set up a triburnal to investigate the CJ.

Article 168(8) A judge who is aggrieved by a decision of the tribunal under
this Article may appeal against the decision to the Supreme Court, within
ten days after the tribunal makes its recommendations.

This means that no matter the findings of the triburnal, the SCOK will still determine the fate of the CJ. Do you see the problem, the SCOK is constitutionally unchecked! What is worse is that they are not even subject to my vote or your vote, or parliament. I forsee terrible times in the future.

[conteh]

Supreme Court justices, court of appeals judges, and district court judges are nominated by the President and confirmed by the United States Senate, as stated in the Constitution…The Senate Judiciary Committee typically conducts confirmation hearings for each nominee. Key point to note is that the President and the Senate are representatives of the People…and I thought tuliambiwa hii constitution was modelled around the US one #smh

[The_real_voice]

Most of you are forgetting something , this is kenya .People work along tribal lines and nepotism.Starting from how the decision was based the splitting of the JSC bench was just political. If a CJ is to be non partisan we should have a person from an inferior tribe because non of this biggots truly have the intrest of kenyans at hand.

[ranny]

@The real voice

Most of you are forgetting something , this is kenya .People work along tribal lines and nepotism.Starting from how the decision was based the splitting of the JSC bench was just political. If a CJ is to be non partisan we should have a person from an inferior tribe because non of this biggots truly have the intrest of kenyans at hand.

inferior tribe??

[Mzichi]

@ScotlandYard

Flawed thinking.

In both cases,then the idea of separation of power is greatly affected and would mean the Judiciary would be a bi*tch to both the legislature and executive. It exists to keep rogue presidents and legislators in check and is working just fine.

The idea that a presidential candidate’s win is only supported by the mere fact that he has a majority in both houses would mean rigging/election malpractice would be devolved further to the other seats for one to justify their win. It would be a huge injustice to Kenyans. Will never see the light of day.

1. How does the Judiciary become the presidents pooch? The JSC would have as much say as the president in the election of SCOK judges. This way the political leadership would have to agree with the non-political leadership before decisions are made…true decentralization of power. Power is decentralized so that no arm has unchecked power but the Judiciary and the SCOK at its helm, is unchecked. As it is, the president is the Judiciary’s pooch! All I am saying is that it makes a lot of sense for that not to be so.

2. Devolving rigging…do you even hear yourself. We are at a point where it is practically impossible to rig the election at the polling station level. The results announced are final. There is no way to rig everywhere, at every polling station. It takes too much planning, too much muscle. Not even the 2007 fiasco was able to do that…and that was under the old katiba! That is irrational fear. The election ahead, and Maraga aside, the elected should be able to check the unelected and vice-versa. If power has to be unchecked, I would rather it be bestowed upon someone under the mercy of the people via the vote…that is all I am saying.

[Mzichi]

@Ubongo

Tupatane kwa debe, everyone is waiting for the full ruling

Debe aside! What I am saying is that it makes no sense to elect presidents when at the end of the day it is the Judiciary with all the power. Si basi tuchaguange CJ allafu yeye ana-appoint president.

[Mzichi]

@conteh

Supreme Court justices, court of appeals judges, and district court judges are nominated by the President and confirmed by the United States Senate, as stated in the Constitution…The Senate Judiciary Committee typically conducts confirmation hearings for each nominee. Key point to note is that the President and the Senate are representatives of the People…and I thought tuliambiwa hii constitution was modelled around the US one #smh

Ahsanti Conte bana. This is what I am driving at! The people have no power and our constitution is modeled around lobbyists. Why do you think the decision had no precedence? Ours is the only unchecked Judiciary in the world!

[Mzichi]

@The real voice

Most of you are forgetting something , this is kenya .People work along tribal lines and nepotism.Starting from how the decision was based the splitting of the JSC bench was just political. If a CJ is to be non partisan we should have a person from an inferior tribe because non of this biggots truly have the intrest of kenyans at hand.

inferior…

[The_real_voice]

@ranny

inferior tribe??

Yeah small tribes who lack political affiliations because each and every cj will always judge a presidential petition with the trend of distrust we have on one another.

[ranny]

@The real voice

Yeah small tribes who lack political affiliations because each and every cj will always judge a presidential petition with the trend of distrust we have on one another.

inferior is an abusive word, maybe you mean minority?

[Mzichi]

@ranny

inferior is an abusive word, maybe you mean minority?

Plus the minority thing would really fail miserably. The issue is not tribal, I dare say it is not even political. NASA DID NOT compromise the SCOK. They did not even want to go there in the first place! What we are witnessing is the corruption of unchecked power! The only way out, checks and balances.

[montecarlo]

@Mzichi

Maraga, undoubtedly, has very interesting times ahead. He has proven that democracy in Africa, or rather Kenya, has come of age. The only thing that can damage his image is the presidential outcome. If Uhuru wins, then the Mkora image will be justified, and cemented. If Raila wins, Maraga will forever be entrenched in the annals of history as THE CJ that restored democracy. He may even get to judge at the ICC after resigning.

An Uhuru win will, however, trigger a series of bills that will tame the judiciary once and for all.

So, if Uhuru wins, I really hope he will not grossly undermine the authority of the Judiciary. That would kill many of the gains we have made as a republic.

However, counting the losses incurred as a result of the ruling I will make a suggestion ( to whoever will clinch it on the 17th, Raila or Uhuru) and fellow villagers can improve, reject, or blindly support…any which way I am testing the type of bill that will appease most Kenyans and not polarize us further.

1. The supreme court should be able to order for recounts, fresh elections and the likes, just as stipulated in the constitution.

2. In the case of a fresh election, however, the two houses, Senate and Parliament, should accept the ruling before it is approved. If, however, the two houses do not support the cancellation of the election, the person declared winner should be sworn in.

3. The president should be chairman of the JSC. (This way sovereign power is truly the people’s. An elected leader heads all the arms of government and by extension, the people do. You may claim this gives the president too much power but…that is kind of the intention. Let the most powerful man in the land be someone the people can vote out when they smell mischief)

(The wisdom of #2 is that a rigged in president would lack the numbers and his or her election would never be confirmed. If the winner has the numbers in the two houses, then his or her election was genuine and there is, therefore, no need to waste money on a fresh election. To justify this, in 2007, fresh elections would have been held as the prezo lacked the numbers in bunge…because he…acha yaliyo ndwele sipite)

So a Raila win is the litmus test of democracy? Opposition are human beings who were born with clothes on whilst the rest were born naked or better yet were bought off supermarket shelves?

[Mzichi]

@montecarlo

So a Raila win is the litmus test of democracy? Opposition are human beings who were born with clothes on whilst the rest were born naked or better yet were bought off supermarket shelves?

Far from it! ALL I AM SAYING IS THAT history is written by the victors. Right or wrong, should Raila win, the world will celebrate Maraga as the face of democracy. It is the reason why the world still celebrates him despite his irrational ruling. After the election,however, his eternal fate will be sealed. He will forever be a villain or grand hero; depending on who will win. But seeing as RWNEEEEEEEEEEEEEEEEEEEBPORK, we can all agree on how things will play out!

[The_real_voice]

@ranny

inferior is an abusive word, maybe you mean minority?

I stand corrected.

[montecarlo]

@Mzichi

Far from it! ALL I AM SAYING IS THAT history is written by the victors. Right or wrong, should Raila win, the world will celebrate Maraga as the face of democracy. It is the reason why the world still celebrates him despite his irrational ruling. After the election,however, his eternal fate will be sealed. He will forever be a villain or grand hero; depending on who will win. But seeing as RWNEEEEEEEEEEEEEEEEEEEBPORK, we can all agree on how things will play out!

The only people celebrating Maraga are the press there’s no competent court North or South of the Limpopo has lauded his decision. All legal fraternities are waiting for the basis upon which the ruling was made. Remember only fools rush in.

[Mzichi]

@montecarlo

The only people celebrating Maraga are the press there’s no competent court North or South of the Limpopo has lauded his decision. All legal fraternities are waiting for the basis upon which the ruling was made. Remember only fools rush in.

All Courts North or South of the equator, East or West of the Meridian would paint a more accurate picture.;););););)

[montecarlo]

@Mzichi

Far from it! ALL I AM SAYING IS THAT history is written by the victors. Right or wrong, should Raila win, the world will celebrate Maraga as the face of democracy. It is the reason why the world still celebrates him despite his irrational ruling. After the election,however, his eternal fate will be sealed. He will forever be a villain or grand hero; depending on who will win. But seeing as RWNEEEEEEEEEEEEEEEEEEEBPORK, we can all agree on how things will play out!

If Raila wins and it is found that the basis of Maraga’s ruling was ill advised, the win will not sanitize his incompetence but rather give political scientists something to consider in respect to voting patterns should an election repeat be announced. Your arguement is operating on the point of departure that ’ the end justifies the means’

[montecarlo]

@Mzichi

All Courts North or South of the equator, East or West of the Meridian would paint a more accurate picture.;););););)

You are bright chap I am sure you get poyo