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Post by Omwenga on Nov 27, 2016 1:35:12 GMT 3
Justice David Maraga recently assumed office as our new Chief Justice and President of the Supreme Court. In this thread I intend to follow his pronouncements, actions and omissions worth noting for posterity's sake and encourage others to do the same. To that end, I share in CJ David Maraga and what lies in wait my thoughts on what I believe the most important task for the CJ will be as he assumes office as our next and new Chief Justice and how how he handles that task will define his legacy while at the same time offering evidence of whether or not we finally have a truly independent judiciary that can be counted on to render judicial judgments and decisions based on facts and the law. Excepts: We are now coming up to the next general election and one can be as sure of two things as sure as the sun rising in the east and setting in the west and these are: (1) there will be election fraud and (2) the losing candidate other than the sitting president will file a petition to challenge the results. This means, like now retired Chief Justice Willy Mutunga before him, Justice David Maraga will as our new Chief Justice have as the biggest test and therefore definition of his legacy how he handles the surely to come petition challenging the election of president in 2017. … That may be how the former Chief Justice [Willy Mutunga] wishes to be remembered but its more convincing that Mutunga will be remembered as the Chief Justice who presided over the worst decision in our country’s history and one need not be reminded what that decision was. For more, follow the link above to the column in the Star.
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Post by jakaswanga on May 22, 2017 22:49:52 GMT 3
SOLOMON MARAGA OR PONTIUS PILATE MARAGA?INTRODUCTION: On the integrity issue and public office in Kenya, I accused former CJ Mutunga of a great direliction of duty, outright sabotage of the the second liberation, thus I found him worth --as Ngatia would say--- hanging with a guitar wire. Now, it is CJ Maraga's turn to have his mind take french leave from station work, assignment think-outs. here is the taste. A binding interpretation of the definition of integrity as per the new constitution proved beyond the faculties of Mutunga. We have gone through lots of it on Jukwaa. I will just find the relevant threads. Ndung'u report alone would bar William Ruto and Raila I think. AngloLeasing/Goldenberg would bar Mudavadi. Turkana Oil Blocks and Tokyo embassy would bar Weta. Just to give you an idea why Mutunga's mind cracked and gave up, and why Maraga too, is a safe bet to mentally faint on this chapter six thingy! Ouru Kenyatta? treasury/computer errors of yonder when he was finance minister disqualifies him from ever setting foot near Wanjiku's purse! And all that before a DEEP THOUGHT on all the possible ramnifications of defining integrity seriously! (as learned friends would be ordinarily of expected competence to!) JUKWAA ON MUTUNGA ON CHAPTER SIX jukwaa.proboards.com/thread/6891/comes-cj-on-integrity-chapter OTISHOTISH ON MUTUNGA AS A JOKER jukwaa.proboards.com/thread/7367/hon-mutunga-cj-funny-man?page=4
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Post by jakaswanga on May 23, 2017 23:53:47 GMT 3
THE GHOST OF THE INTEGRITY CHAPTER DEFIES EXORCIST RITUALS, BOUNCES BACKNot that new CJ Maraga ever heard of that chapter before he was forced to! He likes to keep his head the legendary ostrich way, confusing dormance for caution. So too is he playing ostrich games on the Akasha extradition. That is the drug guy who, with accomplices, was kidnapped and shipped while their case was (do they say) sub judice --under ongoing court attention? I remember the lines of an old song. There is something weird, in the neighbourhood, Who you gonna call? (The choral response thunders): GHOST BUSTERS!Let me remind first of a very uncomfortable thread on Jukwaa from long ago. jukwaa.proboards.com/thread/7272/raila-kalonzo-mudavadi-enjoined-caseJukwaa then, a very active place with many incisive posters, reported one of its weakest moments on a salient issue. On August 14 2012, respondent Jeff posted What came to pass --O Warsame! O Lenaola! O Philomena Mwilu! that here we are again in mid April 2017, reading Ah yes, CJ Willy Mutunga and his Bandia 'curia' of ' Borgian Eminences' recussed themselves from meaningfulness, so much so that they ushered in a period of darkness and confusion, ie, utter moral regression at the judiciary. In fact they didn't even dare call the GHOST BUSTERS! As such the bomb remained undefused, ticking away under the silence of the courts. (NB: Mutunga, scared witless of being forced to call a spade a spade, lest Francis Kimemia lock him up on worse joints than a luxurious Airport washroom, could have constituted a panel of emeritus commonwealth scholars and retiring Judges of repute, delegated them to read the Kenyan constitution, with special attention to the relevant integrity chapters, and, also, delegated them to conduct interrogations of the authors of the famous constitution (so as) to unearth their intended content of integrity Then Wily would hide behind their ghosh-bursting, or bomb-diffusion! NB: NOWROJEE gave them corrupt some straws to clutch at may be. jukwaa.proboards.com/thread/7532/nowrojee-chapter-doesn-ruto-uhuru Man Gado has of course had a field day depicting what the ruling class are doing to the chapter six clause in private. Gado has been so articulate that he actually closed the case. I have not seen any Kenyan legal writer match the rigour and in-depth of the Gado cartoons. They are ruthlessly clinical; I attended a few public lectures of lawyers around East Africa on transparency conferences, just to for control, but I maintained the conclusion Gado was lonely at the top. No cobwebs in the mind, no impurities in his vision. Once i establish Kenyan culture is that clear in its observations, life becomes easy, and one can joke eternally. What would Wily Mutunga say, to justify the delay in this case? The best he can say is --deny, he didn't take any money to kill it! The intellectual failure at the judiciary is of course self-evident. So here we were again, at the funeral of David Mwiraria, the former minister of finance who resigned over some malfeasance, just like the 'come back kid' Amos Kimunya, or Itea Iringo! Apparently David was a paragon of all that which we should positively aspire to, and be. His official eulogy proclaimed so. Funerals can be a good place to launder reputations. Nothing but the good about the dead to be said. Not me! I do damnatio memorae where facts say so! Try as we might to make saints out of outright criminals with an elaborate scheme of historical falsification, I would rather give such rotten corpses the kind of treatment meted to Oliver Cromwell's expired remains! So here we are now, past half a decade after the heroic promulgation of the new constitution, yet integrity is still undefined! --who you gonna call to be your Nestor!? Eargerly do we await the speedy seal of Justice in Chief Maraga's office to officially close the matter. Howbeit Kenyan culture at large is just starting to grin, and give a hint at that knowing wink! ---Aint there a PERMANENT INJUNCTION ON defining an operative interpretation of integrity conform chapter six!? And aint Maraga subscribed to it? There is something weird about our politicians, who we gonna call to unmask them all!? Not coup makers I hope! These are not the sixties! (General Abdel Sisi of Egypt and those Outtara-molesting Ivory coast drunks are exceptions of course! Though the Nigerian army is sending feelers to force the paralysed civilians to make up their mind on what to do with the new Umaru Yar'Adua, aka Buhari. --There have been coup rumours in Abuja!) What can Maraga do!? 1. Solomon 2. Pontius Pilatus. One side of the coin are lootocrats or state bandits, the other are posho-pushers or pharmacists. Maraga can't tell them they are all integrity barred from public office, can he? I remember the coyness of Teiresias the Seer of Thebes when called upon by the King to speak the truth. What is the cause of all the pestilence, strife and bad luck in Thebes? Blind Teiresias knows, but wants to keep his head, which telling the King the truth would loose. The King is a patricidal, incestuous depraved creature. His name is Oedipus, the truest madhafaka if ever there was one! I will understand if Maraga mentally implodes! AG Githu Muigai is the a professor at law and the highest paid civil servant, but aint he more coy than Teiresias! NB: (Teiresias first extorted an oath of Zeus on the dreaded Styx as life insurance before he told King Oedipus the truth: 'You are a literal madhafaka and a daddy-killer! That is what is cursing Thebes! Atone!'
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Post by jakaswanga on May 25, 2017 22:39:38 GMT 3
INTEGRITY: THE CASE OF THE MISSING NAMES! Read more at: www.standardmedia.co.ke/article/2001241018/iebc-on-the-spot-as-20-aspirants-are-blacklisted-by-civil-societyRome was not built in a day. We can't kill all the rotten birds with one stone. Kidogo kidogo hujasa kibaba. One small crook at time will lead to the top crooks tumbling. The people to barred are of course the top contestants: Uhuru Kenyatta, Raila Odinga, William Ruto, Kalonzo Musyoka, Musalia Mudavadi and Moses Wetangula. That one is the raw truth. But some acts do not require bloated intellect labouring endless over law, they are already slum-dunk and crystal clear. They require decisive daring and a finisher's grit, like Alexander at the Gordian knots. That of course is outside the competence of the Kenyan judiciary. NB: It is an African story, say a Chineke the bird story. It claims the successive deaths of Mashoud Abiola and Sunny Abatcha in Nigeria were merciful acts of heaven! And then the bird laughs. When Kenyans say William Ruto and Evans Kidero can pass integrity tests, as CJ Maraga will obviously rule, I can cofidently say the heavens have a plan! The word and concept integrity will continue to have a meaning to humanity, regardless of Kenyan attempts to pervert it meanings!
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Post by jakaswanga on May 27, 2017 15:21:13 GMT 3
CJ MARAGA AND HIS JUDICIAL APPARATUS ARE OF COURSE OUT OF ITwe forget him for latere when it is time to tackle jokers.We visiting other options on the historical table. A columnist in the D-nation has caught my attention. He has nowhere to run to after he has done his thinking and concluded CHAPTER SIX IS DEAD! and there is no one to help! so help me God! Case closed! www.nation.co.ke/oped/Opinion/magesha-why-chapter-six--cnstitution-dead/440808-3943758-w74a4s/index.html But the dead chapter six! has a ghost! yet to be exorcised. Chineke the African bird nods The IEBC did a Pontius Pilate. They crucified some lesser thieves but for the divines, Agwambo T., Muthamaki UK, Hustler Singh, Gideon MDVD, the ball back to Maraga's court! But Hey, nobody else appears keen to do their job!? ---what a desperate situation! That is when you read your culture. For precedents, contemporary or ancient! This is Kenya, a ruthless place. If you know how to read the street, elite impotence wont be the biggest deal to lament. Jobs can be done. And Holy Sh!t, you really don't wanna know how, do you? Here is a scene from the things men do when they have had enough. A tale of two republics, and unification blues! They will definitely get it from Koome, unless they are Shabaabs in Somalia blowing up cops at the border. MAKMENDE THE DIRTY HARRY Here is the key VIOLENT CLAMPDOWN ON SUSPECTED CRIMINALS!? Oh! So there are some Kenyans not worth a read of The MIRANDA!? All we show is a MIXED REACTION of others support and others displeasure at extrajudicial killings, in broad daylight! --We are really cold at heart aint we! So here is the Chineke the bird, dry-running that precedent. And what did the public opinion research companies report!? Opinion continues to be divided whether the killer cops are national heroes or super villains. Vote here for an Internet poll! footnote: NO MERCY footnote Now, these people who are selling years old, poor-storaged Mexican-SA maize for ksh.2000/bag above the market value to Wanjiku, they aint robbing in daylight? That is the tale of two republics locked in a death dance of unification.
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Post by jakaswanga on May 29, 2017 23:30:43 GMT 3
IT HAS BEEN DONEThat is the way they would say it in bloody Rome. It would mean the sword had run through the flesh and politics had to contend with a new fact. In Rome, the most irreversible fact was always murder. Whatever else happened, dead people stayed dead. And so the report would read, it has been done. Roman politics loved murder. The IEBC has cleared the main candidates and tickets, NASA's principals and JUBILEE principals, so to speak safi kama pamba. Maraga's bench, forced to pretend a hearing on integrity issues, prompted by some Kenyans, is therefore an irrelevance, even if an expensive turn out or robes and wigs. The CJ is like a puppet King in his artificial palace allowed orderlies to address him as His Highness to keep up appearances, while outside tough guys like M7 call them folklore things. Recently one tried to get out of his folklorish role, M7 seized the opportunity to make bloody point. But an important point has to be made, just to underscore that I understand the tremendous stress dull Maraga has to operate under. 1. A long long time ago, the young United States after defeating colonial Britain in 1783, adopted a state of the renaissance constitution. Ratified in 1787 it had a potent section called bill of rights.All that stuff about all men being equal. This was of course the Industrial bourgeoisie declaring themselves no longer subservient by birth to the aristocracy. If the Britons thought blue blood was superior to common blood, fine, but not in the new world, America. Here, the bourgeois rebellion against the aristocratic caste system was complete. But there was an old problem in the New World. All the new world was still running on an old labour relationship, production system: total slavery, peonage and bondage, feudal in deed, in a racial hierarchy. The whites a nobility, the blacks, slaves. There needed to be a ruling. There needed to be a constitutional interpretation, a reading of the nature of the humanity of THE BLACK PERSON. -- Were black people human, man enough, to be encompassed within the BILL OF RIGHTS of the renaissance constitution of the young USA!?The case came before an American version of Chief Justice Maraga, Wily Mutunga, or Justices Warsame, Majanja, Lenaola
... and the rest of the great learned friends .... or scumbugs of the nairobi JSC! I forget how they ruled this chapter six controversy of their time ---yeah, bill of rights controversy. But I suspect they fakt it up, because it would take a civil war some time later to argue the point out! --Of course some Americans still insist to date, Blacks have no souls. Black are outside the bill of rights in full! their lives do not matter! ---wait for a court ruling on that too! So I always listen to lawyers with half of my mind on history, the sword. It is not that Maraga is bad. No, the guy is a gentleman by popular reports. He is just a man of his time. American courts weren't so sure blacks were people in 1790! May be they were, HUMANOID, but definitely 'UNTER', SUB. So no hard hearts if Maraga and his benches do not know what the fuss is all about this chapter six! Point two: After 9/11, George the Dubya Bush, Dick Cheney his vice, and the Donald Rumsfeld, had a team of top American lawyers develop the thesis that Arab terrorists were not human enough to be covered by the Geneva conventions.So they built Guantanamo Bay. Proud half son of our Land Barrack Obama, former professor of constitutional law at Chicago, warmed my Luo heart when he dismissed Dr. Torture Memo John Choon Yoo of Berkeley California. Yes, the echo here is these radical Muslims are 'untermensch', and with such you neither do Geneva nor Miranda. John Choon Yoo had placed the USA outside renaissance.Some supreme court (in New York I believe it was) had to rule whether 'Muslim terrorists' were human enough to be covered by the Geneva conventions! I mean some ....say.... Justice Maraga or Mutunga or Majanja, or Ibrahim or Lenaola or Warsame had to interpret the USA constitution: do Al-Qaida people have rights!? I am just saying this chapter six thing isn't really that much of a head-cracker. In fact I can think it out just having read the constitution as a lay man! But it has been done. The faking up of the constitution. But now, what lies a head, by way of correction?
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Post by OtishOtish on Jun 3, 2017 5:01:28 GMT 3
The return of that birds's-nest for the head shows a certain retrograde mentality. The Supreme Court of our former colonial masters got rid of it, but the natives resist all attempts to make them grow up. Which is why chicken thieves get years in cage while the big thieves get to go for even bigger office, on th the way to even bigger eating. Mutunga at least tried.
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Post by jakaswanga on Jun 21, 2017 23:07:01 GMT 3
The return of that birds's-nest for the head shows a certain retrograde mentality. The Supreme Court of our former colonial masters got rid of it, but the natives resist all attempts to make them grow up. Which is why chicken thieves get years in cage while the big thieves get to go for even bigger office, on th the way to even bigger eating. Mutunga at least tried. Githu should have done this with Wily Mutunga, ages ago. Now he appears closing the stable doors after the .....
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fimbo
Junior Member
Posts: 60
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Post by fimbo on Jun 22, 2017 19:00:34 GMT 3
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Post by Omwenga on Jul 31, 2017 6:32:07 GMT 3
Fimbo sorry nobody responded to you I assume the issue has been muted with passage of time. I stated elsewhere all these cases the courts have been dealing with are nothing compared to what is almost inevitable as I see things, unless the wise in Jubilee prevail--and so far they've not, and that's Raila heading back to the Supreme Court and giving CJ Maraga and his associate justices yet another opportunity to prove the judiciary has, in fact, emerged from the curse of its predecessors who neither logic nor the law governed their decisions. That being said, NASA objective is to have our voters voting in overwhelming numbers compared to Jubilee such that even the fatalistic hardcore bent on going forward with their wicked schemes would rethink and let the will of the people as expressed at the polls prevail and the legitimate winner is sworn as our next president to put us on a path we got derailed by Kibaki following the euphoric elections of 2002. That time is upon us as a reset.
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Post by kamalet on Jul 31, 2017 11:14:32 GMT 3
The judgement, (which was quite correctly reversed by the court of appeal) was perhaps one of the worst cases of judicial laziness and even convinced me that only failed lawyers become judges! Maraga has done little to stay above the fray and is progressively becoming another loud mouth like the failed activist CJ Mutunga. The judiciary does not need defending, it only needs to do the right thing and the allegations about Odunga pointed at where the problem in the judiciary lies. As for Raila going to the supreme court for an appeal, it is largely expected he will do so even after he is whipped by the two youngsters (yet again) and the case will be premised on all the noise he has lately made and which is all unproven. For him it is a simple case of blaming someone else for his not being president. So he will lose at the ballot and blame rigging, then file a petition which he will also lose and he can go blaming the courts for his loss
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Post by jakaswanga on Sept 3, 2017 13:43:09 GMT 3
I AM YOUR DOUBTING TOM! MIRROR MIRRO ON THE WALL! 'The greatness of a nation lies in its fidelity to the constitution and adherence to the rule of law, and above all, respect to God!'Man, we love a SECULAR REPUBLIC so that matters of God are purely private, divorced from the state. Maraga is intellectually pre-renaissance (the emergence of the radically earthly bourgeoisie state) if he rates respect for God that high. No wonder his courts refused to register the association of Kenyan Agnostics! Let alone Atheists! Chief Justice David Maraga proclaimed the 08/08/17 presidential result unconstitutional. Part of the country -- The peoples republic of Kenya, is gaga. The other part, the republic of Kenya, is seething rage. The court has stolen their victory, it is a judicial attempt at coup de tat!I think the battlefront stays fixed, the elite continues to dam the will of the people, preventing it from flowing down its historical path, but the building pressure is so intense once in a while some weak point in the dam cracks, leaks some, before the elite recombines forces to seal it tight. David Maraga may be the folk hero of the NASA brigade now, and the toast of the constitutionalists --ALL FAKE---- in town, but I hold an intellectual grudge against him the size of Amilcar Cabral's thesis on culture and identity respective liberation. ---His courts have been playing possum with CHAPTER SIX, playing HIDE AND SEEK with integrity litigation, absconding from thinking duty. With due diligence I narrate in this thread how the SCOK is closed for business when it comes to the question of questions: whether ANNE WAIGURU, EVANS KIDERO, WILLIAM RUTO, AMOS KIMUNYA, OURU KENYATTA, RAILA ODINGA, MUSALIA MUDAVADI, MOSES WETANGULA, KIPCHUMBA MURKOMEM
... (+ 2000 more names of elected and nominated greyshades), make the integrity grade to hold public office, 3rd republic Kenya style.It is a grudge I love to indulge, with singular ferocity. By being gone! We have read the pressure under which the Judges came, to rule in favour of the state. It mocks the politicians and top lawyers and who claim to respect the independence of the judiciary, when, as the Judges retire in conclave to weigh in on 70kg of documentation in 24 hours, they besiege the phones of the Eminence's, knock their doors, harass their mpango wa kandos and wives, all to intimidate and lobby for and secure their favourable judgement. --That is why the court theatrics indulged by the best of the crop of prominent lawyers, which so enthralled us, is easily dismissed as monkey business circus. (wonderful cartoon by the genial GADO) ARM TWIST JUDGES of the Supreme Court! -Really, that is a banana-graft republic! But there is a pattern Arm twist? Or attempted suffocation? Justice Maraga and his 'CONSCIENTIOUS' Justices have thrown a spanner in the works. Uhuruto were obviously on a run-away banana mentality. And Wafula Chebukati and Ezra Chiloba, willing if not mercenary arzhole midwives. Maraga's court was being pressurised to play ball, to swallow all his integrity for earthly rewards. And then David Maraga decided to use an argumentation his courts to date have failed to define: fidelity to the constitution! What does the constitution of Kenya instruct on INTEGRITY? How is it defined, operationalised in law, so that, O our Greatness to aspire to, we can piously adhere and, professing fidelity to constitutional integrity, uproot the corrupt from public office. --To DATE, David Maraga is still on his Fifth -----that OMERTA which I interpret as a PERMANENT (Odili-Naijaland injunction) on the operationalisation of the INTEGRITY CLAUSE, in court and throughout the land at large! I said, I am a doubting Tom! And for that glaring intellectual failure, we, the bad, the ugly and the awful Tom's, will call Maraga's bluff and fcuck around with him. -Take a look below! So back to the elections. But the air is even more poisonous, because like Marcus Antony holding the bloodied toga of Julius Caesar, charging the crowd into a rage against the animal conspirators, setting the stage for the destruction of Brutus and clique, Ruto asked the crowd: 'mtakubali hii njama ya majaji wa kununuliwa!?'The Afraha UMUOFIA crowd roared back: 'APANA! TAKATAKA ZIENDE!' On the other side NASA too will be demand IEBC waende, in similar Antonian, rhetorical fashion! Not only have the chequered kids Uhuru Kenyatta and William Ruto been hateful, they have resolved to fix the court. -'Wazee watano wa njama!' after they regain their Ceasarship! NJAMA! Is the word The Hustler Singh used in Nakuru! -Maraga plotted, conspired with yule mzee wa vitendawili, to conduct a desperate coup de tat!A land-grabbing thief owning cholera hotels is threatening the CJ of Kenya! vermin which belongs to Kamiti macximum will dehorn David Maraga and his sidekicks once the dust settles!That is where we are now, from the frying pan into the fire. -You heard Aden the mouth Duale!? -- 'Chebukati anaenda, Maraga anaenda!'The greatness of a nation is surely when small minds are confined to corpulating with goats, and not national leadership making decisions! But how did it come to that! --we knew not what integrity is! NB: This is why I habour much endearance for Mwai Kibaki. However drunk and alzheimer, his brains stayed too big to touch base with the moron depths of these Jubilee retards. But that these have risen to make decisions on African destiny, is a dark beat of the African drum we may wish to ponder deep! --I will. And I will be back!
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Post by Omwenga on Sept 3, 2017 17:21:43 GMT 3
Chief Justice Maraga Leads Supreme Court To Make HistoryKenya's Chief Justice David Maraga, and three of his colleagues, have created history by annulling the August presidential election. It is unprecedented in Africa for an opposition court challenge against a presidential election to succeed. Kenyans have praised Justice Maraga for having the courage to rule against the man who appointed him, President Uhuru Kenyatta, and for restoring their faith in the independence of the judiciary. Several Kenyan papers have referred to Justice Maraga as a person of integrity, which they attribute to his being a devout Seventh-day Adventist. He reportedly told an interview panel that if appointed Chief Justice, he would never preside over a case on a Saturday, a day of rest and worship for members of the Adventist faith. Some have speculated that this may have been the reason the first sitting of the presidential election petition was held on a Saturday night, after the Sabbath had ended. It is reported that while being vetted for his job, he was confronted with allegations that he had taken bribes. He surprised the public by standing before TV cameras and swearing on a Bible that he had never taken a bribe in his life. 'Not a government project' Justice Maraga, 66, graduated as a lawyer 40 years ago from the University of Nairobi, before going into private practice. He was appointed a judge in 2003 and rose to join the Court of Appeal in 2012. He is married and has three children. Last year, following the early retirement of former Chief Justice Willy Mutunga, he beat off stiff competition from 10 other prominent judges, legal practitioners and academics to be nominated by the Judicial Services Commission (JSC) to become chief justice. However, earlier this year he is reported to have rebuked the man who appointed him - President Kenyatta. Mr Kenyatta, while campaigning for re-election in Justice Maraga's home area, had told people that they should vote for him because his government had given "their son" a job. The chief justice, through the JSC, stated that he was not a government project. The president initially said he would accept the Supreme Court's ruling, although he did question why "six people [the judges] have decided that they will go against the will of the people". However, he later said that the judges had been "paid by foreigners and other fools". "[Chief Justice] Maraga and his thugs have decided to cancel the election. Now I am no longer the president-elect. I am the serving president... Maraga should know that he is now dealing with the serving president." Despite the implied threat, the president does not have the power to sack the chief justice, whose single term expires when he turns 70.
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Post by kamalet on Sept 4, 2017 8:52:17 GMT 3
Chief Justice Maraga Leads Supreme Court To Make HistoryKenya's Chief Justice David Maraga, and three of his colleagues, have created history by annulling the August presidential election. It is unprecedented in Africa for an opposition court challenge against a presidential election to succeed. Kenyans have praised Justice Maraga for having the courage to rule against the man who appointed him, President Uhuru Kenyatta, and for restoring their faith in the independence of the judiciary. Several Kenyan papers have referred to Justice Maraga as a person of integrity, which they attribute to his being a devout Seventh-day Adventist. He reportedly told an interview panel that if appointed Chief Justice, he would never preside over a case on a Saturday, a day of rest and worship for members of the Adventist faith. Some have speculated that this may have been the reason the first sitting of the presidential election petition was held on a Saturday night, after the Sabbath had ended. It is reported that while being vetted for his job, he was confronted with allegations that he had taken bribes. He surprised the public by standing before TV cameras and swearing on a Bible that he had never taken a bribe in his life. 'Not a government project' Justice Maraga, 66, graduated as a lawyer 40 years ago from the University of Nairobi, before going into private practice. He was appointed a judge in 2003 and rose to join the Court of Appeal in 2012. He is married and has three children. Last year, following the early retirement of former Chief Justice Willy Mutunga, he beat off stiff competition from 10 other prominent judges, legal practitioners and academics to be nominated by the Judicial Services Commission (JSC) to become chief justice. However, earlier this year he is reported to have rebuked the man who appointed him - President Kenyatta. Mr Kenyatta, while campaigning for re-election in Justice Maraga's home area, had told people that they should vote for him because his government had given "their son" a job. The chief justice, through the JSC, stated that he was not a government project. The president initially said he would accept the Supreme Court's ruling, although he did question why "six people [the judges] have decided that they will go against the will of the people". However, he later said that the judges had been "paid by foreigners and other fools". "[Chief Justice] Maraga and his thugs have decided to cancel the election. Now I am no longer the president-elect. I am the serving president... Maraga should know that he is now dealing with the serving president." Despite the implied threat, the president does not have the power to sack the chief justice, whose single term expires when he turns 70. Inevitable that Omwenga would come running to defend a man from his own backyard and this is quite Kenyan irrespective of their location or education!! Many say that the Maraga 4 made history for annulling the presidential election. History is made in very many ways and we can count locally on the history of 24 years of a Moi error - it is still history however negative. So by 15th September we shall have the full reasons of their decision. We should not condemn a grown man soiling himself without understanding the cause of his running stomach. It could just be cholera and we all know this one has no breaks or simple a much bigger mental problem! So why did Maraga soil his red robes?
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Post by b6k on Oct 14, 2017 16:03:00 GMT 3
Chief Justice Maraga Leads Supreme Court To Make HistoryKenya's Chief Justice David Maraga, and three of his colleagues, have created history by annulling the August presidential election. It is unprecedented in Africa for an opposition court challenge against a presidential election to succeed. Kenyans have praised Justice Maraga for having the courage to rule against the man who appointed him, President Uhuru Kenyatta, and for restoring their faith in the independence of the judiciary. Several Kenyan papers have referred to Justice Maraga as a person of integrity, which they attribute to his being a devout Seventh-day Adventist. He reportedly told an interview panel that if appointed Chief Justice, he would never preside over a case on a Saturday, a day of rest and worship for members of the Adventist faith. Some have speculated that this may have been the reason the first sitting of the presidential election petition was held on a Saturday night, after the Sabbath had ended. It is reported that while being vetted for his job, he was confronted with allegations that he had taken bribes. He surprised the public by standing before TV cameras and swearing on a Bible that he had never taken a bribe in his life. 'Not a government project' Justice Maraga, 66, graduated as a lawyer 40 years ago from the University of Nairobi, before going into private practice. He was appointed a judge in 2003 and rose to join the Court of Appeal in 2012. He is married and has three children. Last year, following the early retirement of former Chief Justice Willy Mutunga, he beat off stiff competition from 10 other prominent judges, legal practitioners and academics to be nominated by the Judicial Services Commission (JSC) to become chief justice. However, earlier this year he is reported to have rebuked the man who appointed him - President Kenyatta. Mr Kenyatta, while campaigning for re-election in Justice Maraga's home area, had told people that they should vote for him because his government had given "their son" a job. The chief justice, through the JSC, stated that he was not a government project. The president initially said he would accept the Supreme Court's ruling, although he did question why "six people [the judges] have decided that they will go against the will of the people". However, he later said that the judges had been "paid by foreigners and other fools". "[Chief Justice] Maraga and his thugs have decided to cancel the election. Now I am no longer the president-elect. I am the serving president... Maraga should know that he is now dealing with the serving president." Despite the implied threat, the president does not have the power to sack the chief justice, whose single term expires when he turns 70. Inevitable that Omwenga would come running to defend a man from his own backyard and this is quite Kenyan irrespective of their location or education!! Many say that the Maraga 4 made history for annulling the presidential election. History is made in very many ways and we can count locally on the history of 24 years of a Moi error - it is still history however negative. So by 15th September we shall have the full reasons of their decision. We should not condemn a grown man soiling himself without understanding the cause of his running stomach. It could just be cholera and we all know this one has no breaks or simple a much bigger mental problem! So why did Maraga soil his red robes? Well let me disappoint you and denounce the man from my "backyard". There's a reason why elections are rarely annulled and it has little to do with supporting status quo. The Pandora's box that annulments entail are simply not worth the hassle. Even first world nations like the United States balk at the mere thought of overturning an election as Al Gore found out to his dismay and Hillary Clinton is regretting today once the Russian hacking connection was found out to be fact and not fiction. My fellow village elder from the hills of Gusii will bear the brunt of the responsibility for that "historic" ruling as the president of the court. All the wasted funds to conduct two elections will in future not be blamed on our hapless IEBC but on the Maraga Court for deciding to throw caution to the wind and practice judicial activism in its worst form. Millions of Kenyans will have to queue...again...on October 26th so that we can participate in an election which even the petitioner to the Supreme Court isn't even interested in taking part in! How fair and just is that? No, oyonka Omwenga, Justice Maraga will not be remembered for the historic ruling but for the costs in treasure and lost opportunity he has ensured the entire nation will have to endure. The only thing we look forward to is not so much his legacy but his retirement in 2018...
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Post by mank on Oct 15, 2017 20:00:46 GMT 3
Well let me disappoint you and denounce the man from my "backyard". There's a reason why elections are rarely annulled and it has little to do with supporting status quo. The Pandora's box that annulments entail are simply not worth the hassle. Even first world nations like the United States balk at the mere thought of overturning an election as Al Gore found out to his dismay and Hillary Clinton is regretting today once the Russian hacking connection was found out to be fact and not fiction. My fellow village elder from the hills of Gusii will bear the brunt of the responsibility for that "historic" ruling as the president of the court. All the wasted funds to conduct two elections will in future not be blamed on our hapless IEBC but on the Maraga Court for deciding to throw caution to the wind and practice judicial activism in its worst form. Millions of Kenyans will have to queue...again...on October 26th so that we can participate in an election which even the petitioner to the Supreme Court isn't even interested in taking part in! How fair and just is that? No, oyonka Omwenga, Justice Maraga will not be remembered for the historic ruling but for the costs in treasure and lost opportunity he has ensured the entire nation will have to endure. The only thing we look forward to is not so much his legacy but his retirement in 2018... That's pretty much my thought, as I have said elsewhere on this board. But I also struggle to figure Judge Maraga's mind. Is he really confident that the case of incomprehensibility of the Aug 8th presidential vote was made in court, reporting malpractice allegations notwithstanding, or that any other election would stand valid if viewed through the eye (lazy eye) of his Sept 1 bench? Don't these questions matter?
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Post by podp on Oct 15, 2017 20:36:49 GMT 3
Well let me disappoint you and denounce the man from my "backyard". There's a reason why elections are rarely annulled and it has little to do with supporting status quo. The Pandora's box that annulments entail are simply not worth the hassle. No, oyonka Omwenga, Justice Maraga will not be remembered for the historic ruling but for the costs in treasure and lost opportunity he has ensured the entire nation will have to endure. The only thing we look forward to is not so much his legacy but his retirement in 2018... That's pretty much my thought, as I have said elsewhere on this board. But I also struggle to figure Judge Maraga's mind. Is he really confident that the case of incomprehensibility of the Aug 8th presidential vote was made in court, reporting malpractice allegations notwithstanding, or that any other election would stand valid if viewed through the eye (lazy eye) of his Sept 1 bench? Don't these questions matter? some how Maraga is giving us not only Africa but other emerging states to think and act out of the two traditions. in the 60s to 80s the in thing was military coups. then when the demand for more "civility" we entered voting band wagon to change governments. well what Maranga ruling gives us an opportunity to do is stop rigging. remember when Mubarak and now Sisi in Egypt won elections with 99% percent and no one raised a voice? is it not refreshing that RAO in 2013 and now in 2017 sought SCOK and as much as 2013 ruling is under the bridge the ruling of 2017 has opened many eyes. that some formula predetermined the winner is no longer mysterious even to non mathematicians and non ICT literate fellows. it has been demystifying and every day as one listens to PORK spewing venom and RAO polarizing non Gema and Kalenjins some synthesis has to be a logical outcome. who remembers Mutunga fondly and says so in public? let us wait and after a similar period ponder on Maranga. those who never lived in Nyayo dark days may never know the fear and abhorrence Uhuruto pair wishes to return to Kenya.
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Post by kamalet on Oct 23, 2017 8:50:16 GMT 3
Well let me disappoint you and denounce the man from my "backyard". There's a reason why elections are rarely annulled and it has little to do with supporting status quo. The Pandora's box that annulments entail are simply not worth the hassle. Even first world nations like the United States balk at the mere thought of overturning an election as Al Gore found out to his dismay and Hillary Clinton is regretting today once the Russian hacking connection was found out to be fact and not fiction. My fellow village elder from the hills of Gusii will bear the brunt of the responsibility for that "historic" ruling as the president of the court. All the wasted funds to conduct two elections will in future not be blamed on our hapless IEBC but on the Maraga Court for deciding to throw caution to the wind and practice judicial activism in its worst form. Millions of Kenyans will have to queue...again...on October 26th so that we can participate in an election which even the petitioner to the Supreme Court isn't even interested in taking part in! How fair and just is that? No, oyonka Omwenga, Justice Maraga will not be remembered for the historic ruling but for the costs in treasure and lost opportunity he has ensured the entire nation will have to endure. The only thing we look forward to is not so much his legacy but his retirement in 2018... That's pretty much my thought, as I have said elsewhere on this board. But I also struggle to figure Judge Maraga's mind. Is he really confident that the case of incomprehensibility of the Aug 8th presidential vote was made in court, reporting malpractice allegations notwithstanding, or that any other election would stand valid if viewed through the eye (lazy eye) of his Sept 1 bench? Don't these questions matter? Ever thought of a football injustice like handling a ball in the penalty box, red carding the offending player and denying the opponents a penalty?? That referee would be stoned in a Gor Vs AFC football game. Is this what Kenyans should do to Maraga for a similar act?
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Post by mank on Oct 26, 2017 9:25:04 GMT 3
That's pretty much my thought, as I have said elsewhere on this board. But I also struggle to figure Judge Maraga's mind. Is he really confident that the case of incomprehensibility of the Aug 8th presidential vote was made in court, reporting malpractice allegations notwithstanding, or that any other election would stand valid if viewed through the eye (lazy eye) of his Sept 1 bench? Don't these questions matter? Ever thought of a football injustice like handling a ball in the penalty box, red carding the offending player and denying the opponents a penalty?? That referee would be stoned in a Gor Vs AFC football game. Is this what Kenyans should do to Maraga for a similar act? ... I think this is what you should have said: ref yellow-cards the offending player, and calls upon the faulted player to a penalty kick, but the latter refuses to kick, arguing that the fact that a fault was called is evidence that the game is rigged. Then he, the presumably faulted player, goes off the field and calls on all who can listen, to disown the game.
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Post by kamalet on Oct 27, 2017 9:24:25 GMT 3
One must surely feel sorry for Maraga. He came with supposedly good intentions of a clean man at the helm of our judiciary but like a typical Kenyan made the grave error of imagining that showing the executive the middle finger is a sign of independence. He had not even taken the time to understand the people and institution he was going to head and if he took the Court of Appeal Judge mentality there he made a grave mistake! The decision on the presidential poll petition (and I am still convinced was bad!) may have given him the enthralling high of good quality miraa or very bad quality Kisii bhangi and getting plaudits of a supposed independent judiciary should have been enough for him to pause and reflect. He DID NOT!
The case before him on the eve of the elections by some NASA surrogates was the clearest example of bad judgement. First he allowed the application (misguided as it was), certified it urgent and gave unilateral directions on submissions and a hearing time. I do not think he had consulted his colleagues in this and just like Mutunga, he found himself battling with his colleagues who only see him as a first among equals! The judges decided not to show up for the hearing on Wednesday morning and the poor man was left with egg in his face as he had to call off the hearing for lack of quorum. The reasons (more of excuses than reasons) for the absence were laughable but the point was clearly made. He was left with a bench of 3 together with Mwilu and Lenaola and he needed 5 to make a quorum.
The saga of forged reports and judicial capture by the Makau Mutua led NGO has shaken the judiciary and will lead to heads rolling after these election.I suspect that this may be a pointer as to the decision of the others to abscond apart from the fear that Maraga was going to be used postpone the elections as per the wishes of NASA (I could not help notice that there was a positive expectation that they would get the postponement based on the "Justice Served" placards seen earlier prior to the decision) and may have been a precursor to the anticipated BIG ANNOUNCEMENT that never was.
Elections proceeded as per law and Maraga himself voted in the elections - and we can guess his public motivation to actually be photographed casting his vote. I have restrained myself from hazarding a guess!
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Post by jakaswanga on Feb 27, 2018 21:02:34 GMT 3
The JSC will soon be paralysed by in-fighting, like NASA!
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Post by jakaswanga on Jul 31, 2018 21:32:44 GMT 3
So what is David Maraga up to? there are things you do, then you don't need a 'hair cut', you gonna get a bald shave. Ask the Greeks when the EU skinners, under the orders of Gestapo accountants from the Bundesbank, took matters into their own hands at the Central Bank and Treasury in Athens. First the Greek bluff was called by the then German minister of finance, Wolfgang Schaeuble: 'you can't take it? get out of the Euro now, ziesta addicts!' So, first, Maraga and his offside clique But before that tale of tears, there were these tales of financial illiteracy, say, corruption Ati contractors were overpaid!? that means a swindle. David Maraga, stop insultin your own intelligence. You are running a financial mess and you want more money! Any adults in the room over there? so how does Maraga fume for more money!? there is no seniour politician in Nairobi with Mwai Kibaki's in-born disdainful aloofness to tell Maraga, what a shameless goat he is being? Or are things like below to be blamed of Wily Mutunga? The Judiciary does not need more money. They need a competent manager. FOOTNOTE SPOT THE DIFFERENCE Deputy President William Ruto with Chief Justice David Maraga during the opening of the African Bar Association Annual Conference at the KICC in Nairobi, July 25, 2018. /DPPSRuto has not taken thought of what austerity bag of pains the IMF team brought to town and is ramming down the throats at the treasury. --DEBT blues!
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Post by jakaswanga on Aug 15, 2018 20:36:08 GMT 3
LAND!
Maraga and his corrupt institute, the judiciary, has been forced to RECALL --I have forgotten the applicable LATIN technical term--- the High court judgment upon which the multi-billion Ruaraka land claims were perched!
Here below is another High Court Judgment I am sure was bought. Subject MUHAMMAD SWAZURI, then NATIONAL LAND COMMISSION CEO. We discussed it on this thread on Land, early last year, 2017. FAST FORWARD TO AUGUST 2018. THE filthy moth, wannabe tycoon is drowned in his filth and is all but in jail. SGR TITLE DEEDS did him him, rope GREED!
But that is not the point I want to make. The point is, the High court ruling which saved him last year was bought and cooked, and should be shelved! Check the judiciary sh!t below in this report!
DPP Haji is charging the filthy moth, Mo Swazuri with economic crimes.
Mugo Njeru was right all along, and JSC-man Ojienda!?
Always a scumbag like Evans Kidero I say. Or should I say the MLIMANI COURT FRATERNITY WHICH, today, is also under investigation by the DPP, registrar Amadi herself doing what is called 'FORWARD FLIGHT!' --report the crime yourself before you too is nabbed in the wide swoop!
Well the issues following Swazuri warranted the courts investigation, but Judge Mativo failed to follow them up!
So MoSwa kept on committing economic crimes, using government money to buy back government railway land! for a tidy cut!
And what did the Judge rule!?
Bandia ruling kabisa! not that these learned friends ever fooled anybody! The great thing about the Kenya traffic police was always their straighforwardness with bribes. They never couched it in pseudo sophisticated bullsh!t like these judges and lawyers! They just clicked their fingers, took and waved you on the road! --In other words, they were always honest and at peace with themselves! No need for pretence, nor keeping up appearances!
Eh, CJ Maraga, how many of such rotten rulings are you hiding inside your extravagant toga, eating up your mind like that famous fox that ate out the intestines of the SPARTAN LASS as he kept straight face!?
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Post by jakaswanga on Aug 16, 2018 21:53:25 GMT 3
This to the attention of Maraga, Sonko, Raila, Ouru and any other Ya, a tale worth following up, that Lenaola ruling is unsafe given all this data!
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Post by jakaswanga on Aug 28, 2018 21:22:25 GMT 3
FOOTNOTE: WHY DID THE LSK, JSC, CJ FAIL TO SEE IT!? Prof. TOM OJIENDA 1 is Professor NLC Swazuri's lawyer.
So far so good!
But another act now Tom Ojienda II speaks for the NLC, which is to say he is their lawyer. But up to now, who should bother to know whether Ojienda I-and-2 are the same person!?
Then the same NLC Swazuri is arrested for fraud, embezzlement and scamming old railway land for SGR! then a bit of thinking should dictate, now that his personal plight is in conflict with the auspices of the NLC CEO-ship, should the UNITY or DUALITY of the OJIENDA COMPLEX be ascertained!?
May be even common sense, and not of decency, demands it! I mean common professional sense! But (we couldn't define integrity, right!)
Nevertheless I thought: Why does David Maraga do it!? ---The JSC is a scumbag outfit, so no hope there; the LSK top too has many cobwebs running around its brains, so its an unlikely place to search and find clear-thinking.
But a CJ who nullified a corrupt election in Africa (which only has corrupt elections to show!) must voluntarily exhibit razor-sharp mind, always. Otherwise he will a sacrificial goat very soon, hated all over the corrupted power centers of Africa for creating a bad precedent. So, I thought HHHMMMM, lets wait for the newspapermen to point out the obvious mental regression of these LSK professors! (NB: The newspapermen already made the High Court rescind a very important ruling --on the Ruaraka land scam!)
But before the papers could get to it, HAJI PUT A PIN TO THE OJIEDA BUBBLE!
Here below is the resolution which should have been opted for by CJ Maraga, discretely!
Professor Ojienda couldn't figure that out for himself neither!? Yawa, you can't represent the rapist and the raped in the same or different courts, even if you were the only lawyer in town! Scumbag! And it is not about decency I repeat!
David Maraga yawa! Mwilu and this!
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