|
|
Post by OtishOtish on May 24, 2014 6:43:26 GMT 3
Friend Jakaswanga!
Are you there? You must have hit Mama Mboga's at lunchtime today. And you, a teacher! Shameful !!!. Small wonder the "educated & digital" youth these days are little more than semi-literate Troglodytes. Responsibility, Teach! Never mind ... we'll get back to that at a later date.
Before I get to the Main Event, a side-note-request-thing that you must comment on the amusing irony of your His Excellency receiving his Honourable Chinese Guests at what used to be the colonial governor's home and then complaining about structures built for colonial exploitation.
Anyways, to the main event---what Miguna Miguna would (I imagine) describe as teaching fwackers some law.
I'm sure you recall Prof. Amicus Cousin Mortician's legal wizardry that dazzled one and all, at home and abroad, legal beagles and "lay" people, etc. etc. etc. According to Prof. A. C. Mortician, Kenyan law is Kenyan law, and he is the person best-placed to explain and interpret it. Fair enough, as far as it goes. Which is not very far. Had be been talking about Kenyan Witchcraft Law, he would have been on 100%-safe ground. But law derived from English Common Law, which as a matter of fact is common and written in English? Aiyayaaiiiii!
Oga Chief-Oh puts it this way:
www.icc-cpi.int/iccdocs/doc/doc1780708.pdf
No mystery: it's in English, and we know law
37. Conditioned by that correct observation, then, it would also be possible to take the
view that the common law system to which Kenya belongs and the English language in
which it is expressed in that country (along with the Constitution and the International Crimes
Act of Kenya) are not beyond the ken of this Chamber. They implicate no juristic mystery
that compels this Court to accept the Attorney General's words about Kenya's law at face
value without further examination of the correctness or reasonableness of his views—
including by taking into account the views from Kenyan judges and lawyers who are no less
qualified than the Attorney General to express views on the laws of Kenya that may be taken
into account in legal proceedings before this Court.
38. Second, the Attorney General clearly asserts that his views of the laws of Kenya must
be preferred to those of an independent member of the Kenyan Bar, who is not a subordinate
functionary in the Attorney General's department. And failure so to prefer his views amounts
to a violation of the sovereignty of Kenya. It is a difficult argument to accept. It has no
known substantive basis in law or practice.
And now, sir, an explanation of your job description and why you should get out more often or at least think of the implications of what you say
39. An attorney-general is usually the chief law officer of a country (or a state or province
within a country), and the head of her (or his) governmental department. The attorney general
gives legal advice and opinions to his (or her) principals, peers and subordinates within the
government. Protocol, convention or operating procedures within the government in which
s(h)e serves may command binding force for the attorney-general's advice and opinions
within the government. As the chief law officer to the government, the attorney-general may
in person appear in court to represent the government's position or interest. On such
occasions, etiquette at the Bar may command for the attorney-general dignitary precedence in
the sitting order or presentation of case in the courtroom.
40. But, it is never known to be the case that a judge conducting litigation is expected,
let alone required, to prefer the legal submissions of an attorney-general over those of any
other member of the Bar, merely because an attorney-general has 'espoused' the law.
41. The serious inconsonance that such a requirement or expectation poses to the rule of
law is readily apparent in any society in which citizens may come to court with their counsel
to contest decisions and positions of their governments.
You may be a Big & Important Man in Kenya. Here, that means bugger-all; even a student in LAW 101 would know that. We'll assume you were under-the-influence.
42. Mr Nderitu is a member of the Bar of Kenya. As the counsel for Kenyan victims of
the PEV, he is precisely in the same position in this Court as any other counsel who appears
in court to represent private citizen clients adverse in interest to their government as
represented by an attorney-general. There is no known legal basis to suggest that the
Chamber is required to subjugate Mr Nderitu's views to those of the Attorney General.
Indeed, the law reports in the average democracy are foil of reported cases in which
governments represented by an attorney-general lost legal arguments or entire cases to
opposing lawyers in private practice.
43. But, the Attorney General's argument appears to go even further down the difficult
road of acceptability. For, he appears also to complain that the Chamber wrongfully preferred
'an interpretation of Kenyan law provided by ... a Kenyan High Court judge sitting in a
different matter, rather than that espoused by the Attorney General of the Republic of Kenya.'
The most generous value that may be given to that complaint will have to be anchored in the
words 'sitting in a different matter'. For, it is to take a proposition much too far to suggest
plainly that views of the law 'espoused by [an] Attorney General' rank higher than those
expressed by a high court judge as part of the ratio decidendi of the judgment of a court of
law. As it would be an error of the most elementary kind for any lawyer to state the
proposition, it must be presumed that the learned Attorney General intended to state no such
proposition.
Slice the baloney whichever way you like it. We'll take it and still tell you to bugger off with the crap.
45. Ultimately, there is good sense in the view that 'the Government of Kenya is best
placed to explain to the Court ... the national Kenyan context and legal system'. It is
for that reason that the Chamber makes every effort to invite the views of the
Government of Kenya on the appropriate occasion—as was done in the subpoena
litigation. But that general proposition of good sense does not require the Chamber to
accept whatever explanations that the Government offers on or about 'the national
Kenyan context and legal system', regardless of how those explanations may resonate
in the realm of reasonableness, let alone when they may have been offered in
circumstances that may be pregnant with questions of conflict of interest.
|
|
|
|
Post by kamalet on May 24, 2014 13:43:11 GMT 3
Having read the Oga's opinion, he sounded pretty much like a woman scorned....! Perhaps the others did not see it that way!
|
|
|
|
Post by jakaswanga on May 24, 2014 14:02:53 GMT 3
Friend Jakaswanga!
Are you there? You must have hit Mama Mboga's at lunchtime today. And you, a teacher! Shameful !!!. Small wonder the "educated & digital" youth these days are little more than semi-literate Troglodytes. Responsibility, Teach! Never mind ... we'll get back to that at a later date.
Before I get to the Main Event, a side-note-request-thing that you must comment on the amusing irony of your His Excellency receiving his Honourable Chinese Guests at what used to be the colonial governor's home and then complaining about structures built for colonial exploitation.
Man Otish, No mama Mboga this weekend! we were busy raising bail! And building a database of our students, especially female ones, who could not be traced  . You know David Kimaiyo and Ole Lenku on behalf of the conjoined ICC suspect Uhuruto, are mandated to rape females in the police cells. ---When they systematically did it to Somali damsels during operation Msako, the University Unions of course held their tongues, reasoning as Great Kenyan patriots, that it was a necessary evil in defence of the motherland. And since coppers could not tell an Al-Shabab sympathiser by visual visitation, you could not make omelette without breaking eggs. Now the hymen eggs being brutally broken are no longer Somali … I wonder what we feel like!  www.nation.co.ke/news/-/1056/2321018/-/14usbs3/-/index.html www.nytimes.com/aponline/2014/05/20/world/africa/ap-af-kenya-student-protests.html?ref=world&_r=1 herded back into the gas chamber  !  Tear gas in the classroom, Next time I will be true ---yeah, Here is Womack&Womack for all the tear drops that rolled down our students eyes! Fever for lost romance, remind me baby of you
I took a crazy chance, next time I will be true NB: The lost romance of the 2nd republic with its promulgated constitution which should have put the dark days firmly in the past.
I took a crazy chance, thinking this constitution was the dawn of a new Kenya….
Next time I will be true, to the ruthless old belief, non romantic as it were, that new times are born of blood and iron, and not bundles of paper raised aloft by a sea of corrupt politicians, proclaiming the Holy Grail found.Haha Otishotish, are you still with me!? Constitutional Lawyer man with deep respect for the Kenyan Utumushi kwa wote?!     www.ibtimes.co.uk/kenya-police-fire-tear-gas-beat-nairobi-university-students-during-protest-1449347 When it comes to reading law, and practising law according to Professor Githu, ... well, I am happy even the wider legal fraternity now recognises ---a fact proven by her failure to rally to the support of the AG as the LSK petitions for his expulsion from the registry of legal scholars-- that Githu Muigai should never have been admitted to the bar in the first place. He remains –mentally-- underage, and must not be served strong, adult stuff … like arguing Anglo-Leasing cases! And the Chief-O points to us clearly why Uhuru Kenyatta too, never included his cousin Githu in his PERSONAL LEGAL ADVISORY TEAM: Professor Zero. And Uhuru has since disowned Githu on the Anglo-Leasing too! I am ready to cut Uhuru some slack, and think it may not have been his decision after all to make cousin Githu AG! but rather, Githu was a project of those who knew he could be relied on to lose the Anglo-leasing case, and have the money paid. |
|
|
|
Post by OtishOtish on May 24, 2014 18:38:32 GMT 3
OK, Jakaswanga. Your excuse is accepted. But I have a question:
I respect tradition, and I know that for the last four decades plus it has been a tradition that the university students riot and the police and GSU beat them up. Has anyone, on either side, ever thought of doing things differently?
|
|
|
|
Post by jakaswanga on May 24, 2014 21:42:31 GMT 3
OK, Jakaswanga. Your excuse is accepted. But I have a question: I respect tradition, and I know that for the last four decades plus it has been a tradition that the university students riot and the police and GSU beat them up. Has anyone, on either side, ever thought of doing things differently?Yes, learned friend, a lot of thought went into this subject you raise. There were even national consultations about it. How else would we have claimed without loosing credibility, that the our new constitution was among the best in the world?It has a clause enshrining the rights to protest, peacefully  of course! I will quote this section to you some day, when I manage to get hold of my brothers Omwenga and Sadiq. ---We went to mama Mboga’s together for some inebriation, and you know what happened. Some of us woke up at the Intensive care unit, some at the morgue, and still others, un accounted for, are reported to be recuperating in the forests, being nursed by beasts of the wild, like the founders of Rome, Romeo and Romulus, at the wolf’s teats. NB: I am happy to note b6k is fully recovered too. I last saw him raising a glass at mama Mboga's, and saggin to his feet just before I passed out myself! ---I say lets pray to make it a day! [MC Hammer} But it will be interesting to come across an explanation as to why the much heralded constitutional guarantees are not working. Be it in shoot to kill violations, be it in peaceful demonstrations, be it in curtailing the powers of the president to confuse the national treasury for his private account {like Mobutu ever did}. The way Mr. Kenyatta ordered the orderly Thugge to wire money to the UK! Looked like it was his private money! Lets wait to hear the legal advice the mortician afforded him. |
|
|
|
Post by jakaswanga on May 24, 2014 22:02:23 GMT 3
Otishotish, could you kindly avail some time to find the submission of Githu Muigai before this court, which led to this terrifying put down.
For those familiar with the subtle, total killer thrust of the English stiff upper lip, this Nigerian is thinking every corner out for Githu, and reaching the conclusion well, effectively the man is a retard.
It must be presumed! ---so unclear, so confused, so lacking in succinctness, so inarticulate in law and logic was Githu, such that what he could not have meant must be presumed! like the last words of a dying, senile drunk!
But Oga Chif-O leaves no doubt it can not be presumed he himself was wanting in ability to follow the legal acrobatics performed in his court by the genial Kenyan AG! ---Hehe, this is Kamalet's position I think: Githu was beyond the Nigerian's senses!
|
|
|
|
Post by OtishOtish on May 25, 2014 1:11:57 GMT 3
Otishotish, could you kindly avail some time to find the submission of Githu Muigai before this court, which led to this terrifying put down. For those familiar with the subtle, total killer thrust of the English stiff upper lip, this Nigerian is thinking every corner out for Githu, and reaching the conclusion well, effectively the man is a retard. It must be presumed! ---so unclear, so confused, so lacking in succinctness, so inarticulate in law and logic was Githu, such that what he could not have meant must be presumed! like the last words of a dying, senile drunk! But Oga Chif-O leaves no doubt it can not be presumed he himself was wanting in ability to follow the legal acrobatics performed in his court by the genial Kenyan AG! ---Hehe, this is Kamalet's position I think: Githu was beyond the Nigerian's senses! Jakaswanga: The trouble started before that, so let's first do some retracing of steps. I don't know if you watched the performances that Prof. Amicus Cousin Mortician gave when he appeared at the ICC (in both cases). They were African-Big-Man performances that delighted his followers, who were sure that he had taught them some law. In one of those performances, he was especially slippery ... "the legal acrobatics performed in his court by the genial Kenyan AG". The judges had something to say about that when rendering the decision that has led to the current appeal matter: 158. In the course of the oral submissions, clarification was repeatedly sought from the Attorney-General of Kenya and the Defence to indicate whether there was any Kenyan law that prohibits Kenya as a State Party from complying with an ICC request for the facilitation of the compelled appearance of a witness before the Trial Chamber. And just as repeatedly, the Attorney-General and the Defence avoided giving an answer to that question. www.icc-cpi.int/iccdocs/doc/doc1771401.pdfSo, this week's episode: If you combine those performances with his written submissions, the Mortician's position is this: "Kenyan law is something else and is best interpreted by Kenyan legal types. And of all the legal types in Kenya, I, as the attorney-general, surely must have the biggest brain. So, then!" The judges did not buy that line. Instead, they looked at all submissions, the applicable law, and a Kenyan high-court decision (by Justice Mwongo) that, among other things, dealt with how Kenya's International Crimes Act regulates matters w.r.t the ICC. Their conclusion was Slippery Mortician had not correctly understood things but that the Victims' Rep, Nderitu, had: 160. The Chamber is persuaded that Mr Nderitu's position summarises the correct answer to the question addressed in this part of the decision.I think you can see how it was inevitable that this would end it tears: Kenya's Biggest Legal Brain had just been told that some manamba (in his view) lawyer had given a better interpretation!. So, in the submission that you are asking about, Slippery Mortician complained: How could the court take the view of a manamba lawyer over that of A Whole Attorney-General? And, for good measure, he added the standard "Kenya is a sovereign state!" bit. (Yes, sir; crimes against humanity occur only in non-sovereign states.) Oga Chief-Oh couldn't believe that Kenya's Biggest Legal Brain had included such a stupid thing i his submission, even excluding that the submission, as a whole, was a sloppy piece of work. Whence his response (quoted above): " That is such a bone-headed complaint that we'll just have to pretend that he didn't really mean to have it there. He was under the influence or something. Yes, I can read it right there, in black and white; but if we don't pretend, then, considering that this is Kenya's self-proclaimed Biggest Legal Brain, the implications are too, too, ... aaiiiii! let's not go there". There are those who will say that Oga Chief-Oh has decided that the sharp nib of his fountain pen will suffice as a scalpel for radical brain-surgery on Prof. Amicus Cousin. Me myself, I can understand the cry of " But I am a Whole Attorney-General! A Total Man!" See, in the Kenya in which I entered Planet Earth, attorney-generals were Serious People. For example, Sir Charles in full flight was something to behold. Written laws? Bugger those. He could make better ones by the roadside. One day Sir Charles decides that there are to many societies, clubs, etc. with a "president". Illegal! Strictly illegal. Henceforth said title is reserved for Johnstone Kamau (Founding Father of the Great ROK). Was said JK a mortal man? Yes, or so we thought. Absolutely not!, proclaimed Sir Charles. And it was high treason to even imagine that he could die! Sorry, I am digressing ... Here is Slippery Mortician's submission: www.icc-cpi.int/iccdocs/doc/doc1776000.pdfThis is the paragraph Oga Chief-Oh found especially silly unreasonable: 23. To suggest, as the majority does, that the Kenyan Government must now make itself subservient to orders of the Court on the basis of a notion of implied powers, a residual powers provision in Article 93(1)(1), and an interpretation of Kenyan law provided by the Common Legal Representative of Victims and a Kenyan High Court judge sitting in a different matter, rather than, that espoused by the Attorney General of the Republic of Kenya negatively impacts on the integrity and sovereignty of Kenya as a nation-State.Yesterday, shortly after Oga chief-Oh's opinion was published, a loud cry was hear in Nairobi: Aiyayaaaiiiii! Osuji! You slapped me !?!?! |
|
|
|
Post by jakaswanga on Jul 10, 2014 22:42:28 GMT 3
Otishotish, where are you, friend? ---weeping over Brazil’s unmasking as just another fad? See Oloo’s coverage here. jukwaa.proboards.com/thread/9108/who-brazil-root-world-finalBut from the ICC, starring the Amicus Mortician, came fireworks. UHURU KENYATTA IS VIRTUALLY LANDLESS! AG Githu Muigai at the Hague. From 26:00 minutes, Githu Muigai states the case of 1.3 Million files reported missing or misplaced at the Lands Major registry. ---Now they have been found, though at the time Githu was in court he was unaware. NB: TAX RETURNS: What information can be gleaned from such a document? that Kenya has refused, reached the limit of the legally possible, in availing UK’s to the court? --Remunerations from corporate entities? Web of business and commercial interests? Associates? Proof of tax-jumping? mobile.nation.co.ke/news/Jubilee-to-ease-land-processes--Uhuru/-/1950946/2375136/-/format/xhtml/-/10ljehu/-/index.html I AM HAPPY THESE RECORDS HAVE BEEN FOUND! Even if it turns out they disappeared to be doctored, to purge the name of Uhuru Kenyatta from any land holdings. You see, Otishotish, I began to fear a banking contagion .Many banks have outstanding loans on what are called LAND PORTFORLIOS. That is simply where LAND is used as collateral. That is why a title deed is such a holy document in Kenya, and indeed in other countries where Land is still the SAFE IMMUTABLE CAPITAL asset. –you have land whose ownership you can prove is yours – by a state-sanctioned number on a piece of paper which can be corroborated back at the Registry, you get a loan several times its value. Now imagine you are a lending institute, a bank, and you gather the Land’s office can not ascertain 1.3 Million title deeds. This means their authenticity is in doubt, therefore the ownership of the negotiated collateral, fishy and untenable. It would suggest, that ever since the word came out that 1.3 Million files were missing, all banks with loans based on land ownerships were in a headlong rush to have the air cleared. Otherwise they would not know how much of their portfolios are TOXIC (as it is known now). Toxic portfolios is the kind of bad loans that, in the worst, cause banks to collapse if there is no bail out by public funds. I suspect the REFINDING OF THE LOST FILES has more to do with soothing the nerves of the BANKING sector, than the enhanced efficiency of Ngilu, nor the deployment of new powerful dredging software, scouring through dead hard-disks. Disappeared unspecified files unnerves banks, and unnerved banks can cause currency problems, as in render them shaky. NB: There are recent cases of a large pieces of land lost or disputed in Nairobi. Concerned parties may want to know, if their files are among the disappeared or not, as in such a cases below. Registry officials colluding. www.standardmedia.co.ke/mobile/?articleID=2000125907&story_title=businessman-loses-sh8b-plot-to-grabbers-in-nairobi Counterfeit title deeds or documents of ownership, are explosive charges in the vitals of capitalism, which protects private ownership. Here in Kenya, ownership can not be ascertained. more more www.standardmedia.co.ke/thecounties/article/2000123275/guard-seriously-wounded-in-tenancy-row
|
|
|
|
Post by OtishOtish on Jul 11, 2014 0:00:12 GMT 3
"Uhuru in impromptu Ardhi House visit"www.capitalfm.co.ke/news/2014/05/uhuru-in-impromptu-ardhi-house-visit-backs-ngilu/ His Excellency: " She better understand that not all files should be found; in fact, some files need to be lost. She alreay looks like a frightened rabbit; that's good. NARC lady: " Shite. And I thought I had enough headaches with those Land Commission types. Whatever possessed me to start looking for these lost-within-the office things."
|
|
|
|
Post by OtishOtish on Jul 11, 2014 0:46:42 GMT 3
Jakaswanga:
Yes, the Amicus Mortician gave a performance that (had it been in music) could only be described as bravura. Very much like the one he gave before Oga Chief-Oh, who, for some Unknown & Unfriendly Reason, later pretty much accused Professor Law of being a snake-oil salesman and one heck of a flake-of-a-fake. A whole Attorney-General of a Great Republic!
But paper files do get lost---until they must be found---and even Prof. A. Mortician must be grateful that the Digital Government still insists that important things remain Analogue:
www.businessdailyafrica.com/LSK-claims-file-on-case-against-AG-has-vanished/-/539546/2378222/-/qnu4su/-/index.html
And the lands' story wasn't even the "best" of it. All in all, Prof. Mortician also seems to have forgotten Oga Chief-Oh's implicit advice that he stop treating ICC judges as though they were children:
"47. But, all care must be taken to avoid reducing, in effect, the august notion of
sovereignty of states to a hackneyed bogeyman that is conjured up at every convenient
opportunity, with the evident aim of frightening judges of an international criminal court, as
one would frighten small children."
www.icc-cpi.int/iccdocs/doc/doc1782383.pdf
That was a performance that would have been rated very highly at in a primary school. "Children, today we have Prof. Mortician, the biggest legal brain hereabouts, to tell us something about LAW and what you can or cannot do according to LAW."
|
|
Deleted
Deleted Member
Posts: 0
|
Post by Deleted on Jul 11, 2014 0:56:58 GMT 3
I kid you not, but as soon as they said that Ngilu had closed the land offices, I thought that they were up to no good; taking care of business as it relates to land and ICC. I was so not suprised to hear Githu this week.
Kenyans are not as thick as these people want to make us out to be. We thank Ngilu forever for the charity she shows kenyans. We won't forget.
|
|
. You know David Kimaiyo and Ole Lenku on behalf of the conjoined ICC suspect Uhuruto, are mandated to rape females in the police cells. ---When they systematically did it to Somali damsels during operation Msako, the University Unions of course held their tongues, reasoning as Great Kenyan patriots, that it was a necessary evil in defence of the motherland. And since coppers could not tell an Al-Shabab sympathiser by visual visitation, you could not make omelette without breaking eggs. Now the 
!
of course! I will quote this section to you some day, when I manage to get hold of my brothers Omwenga and Sadiq. ---We went to mama Mboga’s together for some inebriation, and you know what happened. Some of us woke up at the Intensive care unit, some at the morgue, and still others, un accounted for, are reported to be recuperating in the forests, being nursed by beasts of the wild, like the founders of Rome, Romeo and Romulus, at the wolf’s teats.