Kenya: The High Court Ruling.

forwarded by julie w.

Dear Patriots,

It had clearly escaped our collective psyche that we would come up against powerful and insidious forces on our road to reform. I believe we are now all sufficiently disabused of our collective naivety. Dear patriot, from the mysterious appearance of two words (& one letter) in some copies of the draft, to suspiciously convenient rulings delivered at a suspiciously convenient moment in history, it should now be dawning on us that its time to get to work.

Dear patriot, roll up your sleeves, furrow your brow and get ready for a long and hard slug fest. You can begin by seeking understanding on the issues at stake and then explaining them to your family, friends and neighbours. As Caroline Mutoko v accurately states on her show. There’s a difference between literacy and the ability to understand. Do not assume that he who is literate also understands.

ISSUE 1: This ruling has no legal implication whatsoever on any Constitution past, present or future. A court cannot issue an order to Parliament to amend the Constitution.

ISSUE 2: It was therefore extremely shocking to see learned counsel (who must without a doubt understand this) being flanked by persons waving red cards and whistles as he praised this ruling. This press conference was designed create the erroneous impression that this is a legal victory for the NO side. To play this ruling as a victory on any level is misleading to Kenyans.

ISSUE 3: Whether you choose to vote YES or NO, Mondays ruling marks yet another dark day for all defenders of the Law. A VERY DANGEROUS PRECEDENCE HAS BEEN SET. One we are not sure we shall be able to reverse.

Those inclined to detail will be asking what happens next. Attached is the AGs press statement. Remember however, that there is no appeal from a Constitutional Reference. Even though the AG has filed notice of appeal, it is almost certain that the Court of Appeal will not entertain it. (Unless they deal with procedural impropriety). HOWEVER all is not lost. We may be able to approach the Court on another Constitutional Reference and there are already steps under way to file a public interest case.

For now we pray, we read and we speak up against forces bent against reform.

Signed:
A patriot

3 thoughts on “Kenya: The High Court Ruling.

  1. DR.ODIDA OKUTHE

    IMPUNITY AND CORRUPTION FIGHTS BACH FURIOUSLY

    Watch the body language when the pro-NO politicians, clergy and and the like talk because that speaks volumes! They are not ready to let go the land they have grabbed returned to their rightful owners, the money they have stolen from the public coffers be returned to the state, and to be punished for the crimes they have committed in the past against humanity. They are actually trying hard to run from their historical shadows and they are finding doing so an uphill task so they dream the NO VOTE alone will save them. The NO VOTE is the political straw they are clinging to right now.

    They all have a reason to oppose the draft Constitution in order to selfishly save themselves from punishment and loss of the ill acquired property.

    Although we have forgiven the likes of former President Daniel Toroitich arap Moi history this time around is not going to do so. For decades these people never stop to realize that power deserts those who abuse it.

    Since GEMA is secretly in the NO CAMP Uhuru Kenyatta is not going to release the money needed for civic education soon without cajoling! Watch out!

    DR ODIDA OKUTHE.

  2. DR.ODIDA OKUTHE

    NAIROBI-RANNEBERGER ADDRESSES THE MEDIA

    Ambassador Ranneberger’s speech to the Kenya media today appeared in the Standard 2010. He praised the media for its stand in the defense of democracy. After reading is speech one is left to wonder what happened to democracy on the 3oth December 200-9 when despite all odds he congratulated Mwai Kibaki for having ”won” the said elections notwithstanding the fact that Mwai Kibaki conducted the swearing-in ceremony on a Sunday, let alone at night! Ambassador Ranneberger saw the obvious, that is Kibaki overwhelmingly losing the elections yet he shamelessly congratulated him for the non-win.

    His announcement provoked rage across the country with 1500 lives son thereafter lost in the aftermath. These souls and many more are crying to heaven to heap burning coals over this Ambassador and those on whose beck and call he acted on that fateful day.

    His action rejuvenated corruption and impunity in the country and the leaders who are mainly guilty of the corruption and impunity are mostly from the PNU party that Ambassador openly and shamelessly supported.

    DR ODIDA OKUTHE.

  3. otieno sungu

    Kadhi Courts-The Three Maskateer Judges need to be investigated!!!

    Gitobu Imanyara seeks to have the three judges to be censured, the timing and quick pace of dispensing a case which has been in the courts for over 6 years deserves to be taken with a pinch of salt, why now?

    The conduct of these judges definitely is suspect, given some among them who have been giving “political rulings”.

    Thank God Kenyans have their eyes open, very open to see shenanigans and scheming, theatrics and wheeler-dealing.

    Hakuna chenye itasimamisha KATIBA KIELELEZI, even rogue Judges will be swept aside by the TSUNAMI of the new constitutional dispensation.

    Otieno Sungu.
    Juba-Southern Sudan

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