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Post by einstein on Feb 2, 2012 11:53:05 GMT 3
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Post by mzee on Feb 2, 2012 11:57:59 GMT 3
I guess that its only people in Kenya that are barred. In jukwaa, we are as free as birds.
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Post by einstein on Feb 2, 2012 12:10:16 GMT 3
Courts gags debate on Uhuru, Ruto bid for top seatThe Constitutional Court has issued an order barring public discussion on the candidature of Deputy Prime Minister and William Ruto in the next presidential elections until a case before it is heard and determined Justice Isaac Lenaola issued the orders on Thursday in response to a petition by three voters and two civil societies seeking to block Mr Kenyatta and Mr Ruto from vying for the Presidency in the next elections. The petitioners, in their application, reason that Mr Kenyatta and Mr Ruto were rendered ineligible for public office after International Criminal Court (ICC) pre-trial judges confirmed charges against them on Monday. They cite Article 6 of the Constitution on leadership and integrity that they say prevents the two from running for a public office. The Kenya Youth Parliament and the Kenya Youth League, alongside Patrick Njuguna, Augustino Netto and Charles Omanga, claim that the confirmed charges against Mr Kenyatta and Mr Ruto are serious offences under the Kenyan and International laws. www.nation.co.ke/News/politics/-/1064/1318564/-/8s8f8m/-/index.html
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Post by phil on Feb 2, 2012 12:24:07 GMT 3
How exactly is this order going to be enforced especially when the two no-so-gentle men are hell bent on making the most political capital out of their indictment and calling rallies that are essential aimed stoking animosity among the common wananchi?
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Post by b6k on Feb 2, 2012 13:01:04 GMT 3
What a ridiculous court order. Just who does the court expect to monitor what two or more people are discussing? Unless they mean discussing them in the press or media, which is ludicrous, I don't see much coming out of this.
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Post by Omwenga on Feb 2, 2012 13:13:29 GMT 3
I guess that its only people in Kenya that are barred. In jukwaa, we are as free as birds. , Mzee,I have not seen the order but I doubt it's so broad as to gag everyone from publicly discussing the issue. A gag order usually binds the parties to the litigation or those involved in the litigation in one form or another--not the public at large. Having said that, let me also hasten to add the court order is welcome news and, indeed, a relief, given what these two characters have been scheming to do and that is, take legal matters and discuss them in public in a manner intended not to inform, but to lie, lie and lie to, and confuse the public while at the same time using the issue to incite segments of the population while stoking up tribal animosity and resentment of their target, one Raila Amolo Odinga. Let’s now hope and pray the courts will render the correct and right decision on this issue. |
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Post by mtumishiman on Feb 2, 2012 15:36:59 GMT 3
I guess that its only people in Kenya that are barred. In jukwaa, we are as free as birds. , Mzee,I have not seen the order but I doubt it's so broad as to gag everyone from publicly discussing the issue. A gag order usually binds the parties to the litigation or those involved in the litigation in one form or another--not the public at large. Having said that, let me also hasten to add the court order is welcome news and, indeed, a relief, given what these two characters have been scheming to do and that is, take legal matters and discuss them in public in a manner intended not to inform, but to lie, lie and lie to, and confuse the public while at the same time using the issue to incite segments of the population while stoking up tribal animosity and resentment of their target, one Raila Amolo Odinga. Let’s now hope and pray the courts will render the correct and right decision on this issue. This is what Justice Lenaola ruled: "In view of the fact that this court is now seized of the question whether Uhuru and Ruto are qualified or not to run for presidency, the court is now sub judice and all persons and authorities ENJOINED should not discuss the matter in public failure to which the court may take such action against them." If you are NOT ENJOINED IN OR PARTY TO THE SUIT, you are free to enjoy your freedom of expression enshrined in the constitution. |
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Post by justfacts on Feb 2, 2012 17:57:31 GMT 3
So can they can simply continue attending their 'prayer' rallies and let their side kicks rant over the matter on their behalf? .
That to me would make the ruling good in legal theory but not in practice.
However, with the recent happenings in the judiciary that tending away from not just barking but attempting to bite i would desist from the usual kenyan pessimism and give them a deserved benefit of doubt.
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Post by Omwenga on Feb 3, 2012 0:00:29 GMT 3
So can they can simply continue attending their 'prayer' rallies and let their side kicks rant over the matter on their behalf? . That to me would make the ruling good in legal theory but not in practice. However, with the recent happenings in the judiciary that tending away from not just barking but attempting to bite i would desist from the usual kenyan pessimism and give them a deserved benefit of doubt. , The enjoined cannot have their minions doing the bidding for them either; as to when that has happened is entirely up-to the judge issuing the order who obviously is no dimwit not to know what these two are up-to, ditto for the ICC they now stand having clearly violated its order regarding not engaging in conduct intended to impede the administration of justice or inciting the public. Separate from the court order, Mzalendo should be on his toes doing his job and let's hope he is not sleeping at the switch, otherwise it's clear there are people who appear never to have learned any lesson from 2007/08 and are still bent on trying to get us to those dark days but we must not allow them. |
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Post by sang2000 on Feb 3, 2012 2:39:26 GMT 3
Given that neither Uhuru nor Ruto have filed any papers to run for Prezzy, how would the judge ban something that hasn't happened? . Public announcements in "prayer" meetings are not legally binding. And who determines who runs for prezzy anyway? Shouldn't it be the IEBC? I suspect this case will be thrown out.
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Post by Omwenga on Feb 3, 2012 7:13:01 GMT 3
Given that neither Uhuru nor Ruto have filed any papers to run for Prezzy, how would the judge ban something that hasn't happened? . Public announcements in "prayer" meetings are not legally binding. And who determines who runs for prezzy anyway? Shouldn't it be the IEBC? I suspect this case will be thrown out. What is being sought here is in the form of an injunction which the court is empowered to issue and can issue, even if Uhuru and Ruto have not or do not present formal declarations to run for president. That the two have publicly expressed interest in vying for the presidency without formally doing so, which they are not required to do at this time, goes to the question of whether the court has jurisdiction to enjoin them and it does. The constitution provides the criteria for vying and being sworn as president, IEBC is charged with the responsibility to enforce the applicable provisions. Note the IEBC did not bring this action; rather, it's a respondent because the petitioners wish to obtain orders directing it not to accept the nomination papers from either or both of these two (wish to say schemers but no need to go there), if the court agrees with the petitioners. Note also the court has given the two until February 17 to object to the gag order but I doubt they will and, even if they did, their chances of succeeding are about the same as succeeding in their confirmation appeals that now stand at nil, thanks to their moronic albeit dangerous theatrics and hate speech last week. |
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Post by adongo23456 on Feb 3, 2012 18:05:06 GMT 3
Folks,Can someone please tell the Kenya Media Council that since they are not "enjoined in or party to the suit" they are NOT barred from writing whatever people say about the Uhuru and Ruto circus around the presidency. This is the big story in Capital FM and it is embarrassing that the Media Council is busy quoting all sorts of legal provisions for freedom of expression without understanding the court ruling itself. www.capitalfm.co.ke/news/You would think the Media Council would at least benefit from the services of a lawyer. Good lord. I also see some ignorant comments on the DN site regarding Mr. Hague's comments telling Kenyans to think about the consequences of even thinking about those facing crimes against humanity also trying to run State House. I have said many times that pimping The Hague ticket as some kind of a Jackpot for State House is a sick joke for the country. That is another story. Right now our Media Council needs urgent help. May be Omwenga can do a pro bono for them on the issue. Here is Mr. Hague (Not to be mistaken by THE HAGUE) www.nation.co.ke/News/world/Hague+Mind+image+on+fate+of+ICC+pair+/-/1068/1319574/-/ne9knm/-/index.html
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Post by b6k on Feb 3, 2012 19:00:42 GMT 3
Indeed even Citizen TV refused to discuss the matter this morning. Pogishio must be proud. He came down on them so hard in '08 that the lessons they learnt then have made them as compliant as Pavlov's dogs. Ring the bell for silence & they muzzle up.
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Post by Omwenga on Feb 3, 2012 20:06:22 GMT 3
Folks,Can someone please tell the Kenya Media Council that since they are not "enjoined in or party to the suit" they are NOT barred from writing whatever people say about the Uhuru and Ruto circus around the presidency. This is the big story in Capital FM and it is embarrassing that the Media Council is busy quoting all sorts of legal provisions for freedom of expression without understanding the court ruling itself. www.capitalfm.co.ke/news/You would think the Media Council would at least benefit from the services of a lawyer. Good lord. I also see some ignorant comments on the DN site regarding Mr. Hague's comments telling Kenyans to think about the consequences of even thinking about those facing crimes against humanity also trying to run State House. I have said many times that pimping The Hague ticket as some kind of a Jackpot for State House is a sick joke for the country. That is another story. Right now our Media Council needs urgent help. May be Omwenga can do a pro bono for them on the issue. Here is Mr. Hague (Not to be mistaken by THE HAGUE) www.nation.co.ke/News/world/Hague+Mind+image+on+fate+of+ICC+pair+/-/1068/1319574/-/ne9knm/-/index.html
I have taken your cue and emailed the Media Council even though reading through the statement they are quoted as having provided, it appears it was prepared by a lawyer; or at least someone who reviewed some of the relevant provisions they didn't even have to. It is obvious they surprisingly didn't bother to read the judge's order which clearly does not bar anyone from discussing the matter other than the "enjoined" and the media is not one of the enjoined or they did but did misunderstood it, which is doubtful. |
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Post by adongo23456 on Feb 3, 2012 20:56:18 GMT 3
omwenga & 6bk,It seems there is a need for massive civic education for the media in Kenya. How on earth can someone not comprehend the ruling and we see all sorts of media falsehoods being peddled to Kenyans and even M.Ps buying it wholesale. Here is the kind of nonsensical reporting I am talking about. Our country needs to be saved from the suffocating and sheepish ignorance of the media. One media house reports something erronously and the others just follow. Here is a piece of the falsehood from the media: www.the-star.co.ke/national/national/60801-court-bans-talk-on-ruto-uhuru
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Post by Omwenga on Feb 3, 2012 21:58:15 GMT 3
omwenga & 6bk,It seems there is a need for massive civic education for the media in Kenya. How on earth can someone not comprehend the ruling and we see all sorts of media falsehoods being peddled to Kenyans and even M.Ps buying it wholesale. Here is the kind of nonsensical reporting I am talking about. Our country needs to be saved from the suffocating and sheepish ignorance of the media. One media house reports something erronously and the others just follow. Here is a piece of the falsehood from the media: www.the-star.co.ke/national/national/60801-court-bans-talk-on-ruto-uhuru This is simply unbelievable. I agree with you completely we need to be saved from this but in the meantime, let's do our best to keep people well informed at least in these fora and hopefully that percolates to the ground. |
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