The Jubilee Party has filed a petition at the Judicial Service Commission against Chief Justice David Maraga

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SaltyLight
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Re: The Jubilee Party has filed a petition at the Judicial Service Commission against Chief Justice David Maraga

Unread post by SaltyLight » Thu Sep 14, 2017 4:13 am

nowayhaha wrote:
Thu Sep 14, 2017 3:51 am
SaltyLight wrote:
Thu Sep 14, 2017 3:34 am
Misplaced. Such things needs wisdom.

Where Jubilee erred prior to 08 Aug elections was to take on some of the Judges decisions head on even when it was clear NASAs scheme of derailing the elections was being aided by the Judiciary , when they did so it was a little bit to late and some of the rulings had a big impact to IEBC preparedness, operations and conducting the 08 Aug elections , take for example Maina Kiais ruling which was being quoted time again during the petition.

Jubilee cant afford to do the mistake once again , Most important is their support base they feel disenfranchised , if Jubilee lets Judiciary continue operating the way they are Apathy will kick in , remember Moi won in 97 because the opposition support base felt there was no need of voting. secondly NASA is headed back to the courts with an array of petition to make sure elections wont happen on Oct 17 and if the happen to have as much irregularities as possible so that either they go back to Wakoras court or have a Nusu mkate government. The strategy is to attack now , hopefully by then CJ would have stepped aside as he tries to defend himself in JSC. Also it a warning shot to the judiciary that the will of the people cannot be subverted by Judicial activism .
Judicial activism will always be there for as long as we a have stupid constitution that considers the Judiciary as the supreme organ of government. I don't think maraga did anything in bad faith, if there is any partisan person, it's the DCJ. Maraga is just emotional and he is not going anywhere. This will give raila space to talk about. It's nauseating that Jubilee would allow a Kikuyu MP to do such. There are Luo Jubilee bloggers that would be good for such; and the Jubilee should only play in the backstage.

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Re: The Jubilee Party has filed a petition at the Judicial Service Commission against Chief Justice David Maraga

Unread post by vooke » Thu Sep 14, 2017 4:20 am

SaltyLight wrote:
Thu Sep 14, 2017 4:13 am


Judicial activism will always be there for as long as we a have stupid constitution that considers the Judiciary as the supreme organ of government. I don't think maraga did anything in bad faith, if there is any partisan person, it's the DCJ. Maraga is just emotional and he is not going anywhere. This will give raila space to talk about. It's nauseating that Jubilee would allow a Kikuyu MP to do such. There are Luo Jubilee bloggers that would be good for such; and the Jubilee should only play in the backstage.
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Re: The Jubilee Party has filed a petition at the Judicial Service Commission against Chief Justice David Maraga

Unread post by nowayhaha » Thu Sep 14, 2017 4:25 am

SaltyLight wrote:
Thu Sep 14, 2017 4:13 am
nowayhaha wrote:
Thu Sep 14, 2017 3:51 am
SaltyLight wrote:
Thu Sep 14, 2017 3:34 am
Misplaced. Such things needs wisdom.

Where Jubilee erred prior to 08 Aug elections was to take on some of the Judges decisions head on even when it was clear NASAs scheme of derailing the elections was being aided by the Judiciary , when they did so it was a little bit to late and some of the rulings had a big impact to IEBC preparedness, operations and conducting the 08 Aug elections , take for example Maina Kiais ruling which was being quoted time again during the petition.

Jubilee cant afford to do the mistake once again , Most important is their support base they feel disenfranchised , if Jubilee lets Judiciary continue operating the way they are Apathy will kick in , remember Moi won in 97 because the opposition support base felt there was no need of voting. secondly NASA is headed back to the courts with an array of petition to make sure elections wont happen on Oct 17 and if the happen to have as much irregularities as possible so that either they go back to Wakoras court or have a Nusu mkate government. The strategy is to attack now , hopefully by then CJ would have stepped aside as he tries to defend himself in JSC. Also it a warning shot to the judiciary that the will of the people cannot be subverted by Judicial activism .
Judicial activism will always be there for as long as we a have stupid constitution that considers the Judiciary as the supreme organ of government. I don't think maraga did anything in bad faith, if there is any partisan person, it's the DCJ. Maraga is just emotional and he is not going anywhere. This will give raila space to talk about. It's nauseating that Jubilee would allow a Kikuyu MP to do such. There are Luo Jubilee bloggers that would be good for such; and the Jubilee should only play in the backstage.
Salty do you know that any misstep or perception that Jubilee is not acting on NASA strategies through Judiciary will lead to apathy in Rift Valley and Mt Kenya ? Its MT Kenya electorate who were asking the other day that they elected MPs to defend Uhuru where are they ? What really do you want ?

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Energizer
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Re: The Jubilee Party has filed a petition at the Judicial Service Commission against Chief Justice David Maraga

Unread post by Energizer » Thu Sep 14, 2017 5:17 am

I disagree. On the contrary, this petition focuses on the overwhelmingly political aspect of the Maraga ruling, an aspect that is being deliberately covered up and diverted by a partisan media and NASA supporters to try and insistently portray the ruling as purely a legal matter, yet that IS NOT what it was - it was a political ruling, full stop, and it must be confronted head on politically using the available legal mechanism.

This is the kind of public spectacle that will fire up the Jubilee base even more, and going by Baringo Governor Stanley Kiptis' very firm support to Ngunjiri when asked his opinion on Citizen TV, i have absolutely no doubt about that. Jubilee therefore have nothing to lose, and moderate voters in NASA strongholds will be able to see for themselves what Maraga did. JP is not trying to convert NASA diehards anyway.


The opposition conventional wisdom does not want the treasonable implications of the Maraga 4 discussed, but that is EXACTLY what it is, TREASON. This factor must be presented before the public, in addition to how the Judiciary has been hijacked by NGOs like AFRICOG, and Ngunjiri, who is not a village buffoon but a very smart fella, says he has the proof. He is doing exactly what Jubilee MPs should have been doing right from 2013 -
confronting and taking NASA head on.

Do Kenyans even know that the CJ's Chief of Staff aka gatekeeper/diary keeper is an AFRICOG director right from Mutunga days?? :roll:

SaltyLight wrote:
Thu Sep 14, 2017 3:42 am
Energizer wrote:
Thu Sep 14, 2017 3:19 am
It is not Jubilee Party filing the case before the JSC but Ngunjiri Wambugu, JP Nyeri town MP. I fully support his individual move as he is not only following the laid down constitutional procedure:
168. Removal from office

(1) A judge of a superior court may be removed from office only on the grounds of—

(a) inability to perform the functions of office arising from mental or physical incapacity;

(b) a breach of a code of conduct prescribed for judges of the superior courts by an Act of Parliament;

(c) bankruptcy;

(d) incompetence; or

(e) gross misconduct or misbehaviour.

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

(3) A petition by a person to the Judicial Service Commission under clause (2) shall be in writing, setting out the alleged facts constituting the grounds for the judges removal.

(4) The Judicial Service Commission shall consider the petition and, if it is satisfied that the petition discloses a ground for removal under clause (1), send the petition to the President.

(5) The President shall, within fourteen days after receiving the petition, suspend the judge from office and, acting in accordance with the recommendation of the Judicial Service Commission—

(a) in the case of the Chief Justice, appoint a tribunal consisting of—

(i) the Speaker of the National Assembly, as chairperson;

(ii) three superior court judges from common-law jurisdictions;

(iii) one advocate of fifteen years standing; and

(iv) two other persons with experience in public affairs;
Ngunjiri's move ensures that the grim reality of Maraga and his colleague's subversion of the sovereign will of the people is brought powerfully into public limelight, and the definite reality that the 4 committed treason. Contrary to NASA apologists, this was not just a legal decision, it was also a criminal political decision to subvert the people's will.
Ngunjiri is just wasting time on a petition that will generate more heat than light and work against Jubilee. Such court petitions will transform Maraga from a Hero to a Legend and the symbol of resistance against jubilee. Maraga should be the list of Jubilee worries. Does uhuru have a short supply of enemies that he must make new ones?
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NattyDread
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Re: The Jubilee Party has filed a petition at the Judicial Service Commission against Chief Justice David Maraga

Unread post by NattyDread » Thu Sep 14, 2017 5:36 am

Energizer wrote:
Thu Sep 14, 2017 5:17 am
I disagree. On the contrary, this petition focuses on the overwhelmingly political aspect of the Maraga ruling, an aspect that is being deliberately covered up and diverted by a partisan media and NASA supporters to try and insistently portray the ruling as purely a legal matter, yet that IS NOT what it was - it was a political ruling, full stop, and it must be confronted head on politically using the available legal mechanism.
Ndugu Energizer,

Isn't it hypocritical that the JaKuonists do not question the idea of Orengo and others stated intent to sue IEBC officials individually to cripple them in the run-up to the repeat presidential polls?

NASA to sue officials who bungled presidential poll
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Garlic
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Re: The Jubilee Party has filed a petition at the Judicial Service Commission against Chief Justice David Maraga

Unread post by Garlic » Thu Sep 14, 2017 5:46 am

Am with Salty here. Ngunjiri should not have filed that petition. He has all the legal rights to do so.
But in terms of political strategy, its ill-advised. Terrible idea. Besides, Jubilee has little or no sympathy within JSC. They were asleep when these appointments were made.

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Energizer
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Re: The Jubilee Party has filed a petition at the Judicial Service Commission against Chief Justice David Maraga

Unread post by Energizer » Thu Sep 14, 2017 6:01 am

You think this is purely about the election or even about Maraga? You are as cockeyed ignorant as ever. This is about fumigating a judiciary that has been hijacked by the likes of AFRICOG, and all those cockroaches must be removed. Maraga's treasonable actions are the path through which this will be effected, mpende msipende.

The idea that Uhuru is under temporary incumbency is fallacious. On 7/8/2017, Uhuru was BOTH a presidential candidate AND The President with full incumbency. On 8/8, a presidential election was held, Uhuru won, but the SC NULLIFIED and declared the result NULL AND VOID and ordered a fresh election. Technically therefore, NO PRESIDENTIAL ELECTION TOOK PLACE and the STATUS QUO as of 7/8 remained!!!

Article 134 which you read cockeyed defines temporary incumbency as follows:
(a) during the period commencing on the date of the first vote in a presidential election, and ending when the newly elected President assumes office;
That means in the interregnum between 8/8 and 17/10/2017, Uhuru remains FULL President until an election is held. The temporary incumbency will therefore only arise between 17/10/2017 and the date of the next inauguration. This is simple common sense, which you obviously lack.

If Ethiopia attacked Kenya today, you think Uhuru will stop giving commands and orders to the army? The constitution does not envisage such a vacuum, and a vacuum does not exist as of now.
Forwardoh wrote:
Thu Sep 14, 2017 4:06 am
Energizer wrote:
Thu Sep 14, 2017 3:19 am
It is not Jubilee Party filing the case before the JSC but Ngunjiri Wambugu, JP Nyeri town MP. I fully support his individual move as he is not only following the laid down constitutional procedure:
168. Removal from office

(1) A judge of a superior court may be removed from office only on the grounds of—

(a) inability to perform the functions of office arising from mental or physical incapacity;

(b) a breach of a code of conduct prescribed for judges of the superior courts by an Act of Parliament;

(c) bankruptcy;

(d) incompetence; or

(e) gross misconduct or misbehaviour.

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

(3) A petition by a person to the Judicial Service Commission under clause (2) shall be in writing, setting out the alleged facts constituting the grounds for the judges removal.

(4) The Judicial Service Commission shall consider the petition and, if it is satisfied that the petition discloses a ground for removal under clause (1), send the petition to the President.

(5) The President shall, within fourteen days after receiving the petition, suspend the judge from office and, acting in accordance with the recommendation of the Judicial Service Commission—


(a) in the case of the Chief Justice, appoint a tribunal consisting of—

(i) the Speaker of the National Assembly, as chairperson;

(ii) three superior court judges from common-law jurisdictions;

(iii) one advocate of fifteen years standing; and

(iv) two other persons with experience in public affairs;
Ngunjiri's move ensures that the grim reality of Maraga and his colleague's subversion of the sovereign will of the people is brought powerfully into public limelight, and the definite reality that the 4 committed treason. Contrary to NASA apologists, this was not just a legal decision, it was also a criminal political decision to subvert the people's will.
Hogwash because you have not read Artical 134. This filing is DoA. Why can't Jubilee wait 33 days for elections? Are they scared of outcome? As of now the president has no power to play a role in the stepping aside of a Judge.
Six things President Uhuru Kenyatta as "Temporary President" has no constitutional power to do

According to Article 134 of the Constitution, a temporary incumbent holds forte until the conclusion of the process as ordered by the Supreme Court.

Here are the six things President Uhuru cannot do during this period;

1. Nomination or appointment of the judges of the superior courts

2. Nomination or appointment of any other public officer whom this Constitution or legislation requires the President to appoint
3. Nomination or appointment or dismissal of Cabinet Secretaries and other State or Public officers
4. Nomination or appointment or dismissal of a high commissioner, ambassador, or diplomatic or consular representative;
5. Exercise the power of mercy
6.Authority to confer honours in the name of the people and the Republic

https://www.standardmedia.co.ke/articl ... ower-to-do
Since you are so ignorant, I am offering you a teaspoon of what you are lacking. It might help :(

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Energizer
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Re: The Jubilee Party has filed a petition at the Judicial Service Commission against Chief Justice David Maraga

Unread post by Energizer » Thu Sep 14, 2017 6:14 am

Exactly! The hypocrisy is nauseating. NASA and their media confreres think that only NASA should have a monopoly of using legal mechanisms to fight political wars, which is what Jubilee should have been doing right from 2013 thus putting both a partisan judiciary and CORD/NASA on the defensive.

Ngunjiri is doing the right thing and he is precisely the kind of proactive JP MP i was wishing for. Hopefully, this will serve to wake up the incompetent MPs in JP. I have been asking Kang'ata my former MP to do exactly this for ages, instead of calling useless attention seeking press conferences that serve no purpose. Fungua your TV now and talking heads are discussing nothing else except Ngunjiri's move..wonderful :D :D
NattyDread wrote:
Thu Sep 14, 2017 5:36 am
Energizer wrote:
Thu Sep 14, 2017 5:17 am
I disagree. On the contrary, this petition focuses on the overwhelmingly political aspect of the Maraga ruling, an aspect that is being deliberately covered up and diverted by a partisan media and NASA supporters to try and insistently portray the ruling as purely a legal matter, yet that IS NOT what it was - it was a political ruling, full stop, and it must be confronted head on politically using the available legal mechanism.
Ndugu Energizer,

Isn't it hypocritical that the JaKuonists do not question the idea of Orengo and others stated intent to sue IEBC officials individually to cripple them in the run-up to the repeat presidential polls?

NASA to sue officials who bungled presidential poll
We believe in Kusema na Kutenda

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Energizer
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Re: The Jubilee Party has filed a petition at the Judicial Service Commission against Chief Justice David Maraga

Unread post by Energizer » Thu Sep 14, 2017 6:25 am

But that is precisely Ngunjiri's purpose, to expose that skewed posture in the JSC where Maraga himself sits, and its pro-NASA partisanship.

He knows all too well that JSC will probably reject his petition, but that is exactly the objective. Ngunjiri is no fool and his activist background serves him well, and he wants JSC to expose this partisanship before the whole nation. Where is the political cost? Parliamentary JP group will then have the political cover required when they move against them. I believe Ngunjiri knows what he is doing and is well aware of exactly how the NGO snakes in JSC shadow operate.
Garlic wrote:
Thu Sep 14, 2017 5:46 am
Am with Salty here. Ngunjiri should not have filed that petition. He has all the legal rights to do so.
But in terms of political strategy, its ill-advised. Terrible idea. Besides, Jubilee has little or no sympathy within JSC. They were asleep when these appointments were made.
We believe in Kusema na Kutenda

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NattyDread
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Re: The Jubilee Party has filed a petition at the Judicial Service Commission against Chief Justice David Maraga

Unread post by NattyDread » Thu Sep 14, 2017 6:27 am

Energizer wrote:
Thu Sep 14, 2017 6:14 am
Exactly! The hypocrisy is nauseating. NASA and their media confreres think that only NASA should have a monopoly of using legal mechanisms to fight political wars, which is what Jubilee should have been doing right from 2013 thus putting both a partisan judiciary and CORD/NASA on the defensive.

Ngunjiri is doing the right thing and he is precisely the kind of proactive JP MP i was wishing for. Hopefully, this will serve to wake up the incompetent MPs in JP. I have been asking Kang'ata my former MP to do exactly this for ages, instead of calling useless attention seeking press conferences that serve no purpose. Fungua your TV now and talking heads are discussing nothing else except Ngunjiri's move..wonderful :D :D
Indeed, before 8/8, NASA AfriCOG and others had filed more than 25 court cases related to the IEBC and elections. Jubilee sat and watched as Odunga and others granted all manner of prayers. It is time to push back and test the Judiciary's sense of fair play.
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Re: The Jubilee Party has filed a petition at the Judicial Service Commission against Chief Justice David Maraga

Unread post by obienga » Thu Sep 14, 2017 6:52 am

NASWAS's greatest hypocrites are running amok. Nini inawasumbua if the CJ is above board and beyond reproach in his conduct of affairs at the judiciary? Any bonafide citizen irrespective of affiliation is free to file a petition to be evaluated on its merits.
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NattyDread wrote:
Thu Sep 14, 2017 6:27 am
Energizer wrote:
Thu Sep 14, 2017 6:14 am
Exactly! The hypocrisy is nauseating. NASA and their media confreres think that only NASA should have a monopoly of using legal mechanisms to fight political wars, which is what Jubilee should have been doing right from 2013 thus putting both a partisan judiciary and CORD/NASA on the defensive.

Ngunjiri is doing the right thing and he is precisely the kind of proactive JP MP i was wishing for. Hopefully, this will serve to wake up the incompetent MPs in JP. I have been asking Kang'ata my former MP to do exactly this for ages, instead of calling useless attention seeking press conferences that serve no purpose. Fungua your TV now and talking heads are discussing nothing else except Ngunjiri's move..wonderful :D :D
Indeed, before 8/8, NASA AfriCOG and others had filed more than 25 court cases related to the IEBC and elections. Jubilee sat and watched as Odunga and others granted all manner of prayers. It is time to push back and test the Judiciary's sense of fair play.

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Re: The Jubilee Party has filed a petition at the Judicial Service Commission against Chief Justice David Maraga

Unread post by nowayhaha » Thu Sep 14, 2017 7:33 am

https://www.the-star.co.ke/news/2017/09 ... s_c1635651
Jubilee has distanced itself from a petition by one of its members for Chief Justice David Maraga's removal from office.

Nyeri MP Wambugu Ngunjiri has questioned the suitability of the Supreme Court president.

This followed the Supreme Court's nullification of President Uhuru Kenyatta's victory in the August 8 general election.

"We must understand that Maraga does not overturn the will of the people...15 million people...but he has allowed a clique of people to influence him," Ngunjiri told journalists on Thursday.

More on this: Ngunjiri Wambugu files petition seeking removal of CJ Maraga over Uhuru verdict

But in an address to the media, Jubilee secretary general Raphael Tuju said the move was an individual's, not the party's.

"I have seen the petition online but it is not a Jubilee Party thing..it is an individual's action," he said. "...I have just seen it but I have not read it to the end."

NASA HYPOCRITICAL

Tuju further challenged the Opposition to explain the law it will use to stop October 17 repeat poll.

He said they have "noted with amusement" the Opposition's threats to skip the election

Tuju noted NASA politicians had a parliamentary group meeting yet do not recognise Parliament and have been carrying out boycotts.

"It is even more hypocritical that they would boycott...conducting their legislative duties and claim it is a matter of principle yet they took oath of office to ensure they get into the payroll," he said.

"If this is not a case of just having a big stomach and no backbone, then they should miss eight consecutive sitting so their seats may be declared vacant."

Read: NASA MPs could easily lose seats if they boycott eight sittings

On Raila Odinga's call for donations to fund their campaigns, he noted Kenyans should not be deceived into donating Sh12 billion yet the coalition may not participate in the election.

"It is hypocritical for NASA to threaten to boycott elections then proceed to collect millions of shillings from Kenyans," he said.

"Taxpayers should not be made to pay for an election in which NASA has explicitly said it will not participate."

The SG said Kenyans must follow the rule of law in relation to the October vote instead of issuing threats for boycotts and the removal of IEBC officials.

"Whether we have problems with IEBC or not, there is a law that stipulates roles of the Institution and its officials," he said.

"Our country is at a defining moment in which we are called upon to rise to our most wisest, generous and kind."

The National Super Alliance issued the commission with nine conditions for the election to take place.

They include the removal of CEO Ezra Chiloba for being complicit in processing illegal results in the August polls.

NASA also wants IEBC to appoint 291 new returning officers for the polls and open its servers as was ordered by the Supreme Court.

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Energizer
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Re: The Jubilee Party has filed a petition at the Judicial Service Commission against Chief Justice David Maraga

Unread post by Energizer » Thu Sep 14, 2017 8:03 am

My God. That chart is grim reading. These bastards have totally infiltrated the Judiciary. One name that should also be there is Duncan Okello, CJ's Chief of Staff and AFRICOG board member - see members of the executive board here: http://africog.org/new/wp-content/uploa ... t_2009.pdf

Another is Justice Joel Ngugi. Remember Mutunga's so called war council that hounded out Shollei? Ngugi was one of the generals alongside Mutunga and Okello. The guy is a board member of AFRICOG affiliate NGO called CREAW, and is now a high court judge.

Remember the recent three judge bench appointed by Maraga to hear Orengo's prayer to stop Al Ghurair printers, and then went ahead to cancel the IEBC tender, before the Appeals court overturned their crazy ruling? Well, that bench had Ngugi, Odunga and Mativo with 2 of these, Ngugi and Odunga, as obvious pro-NASA activist judges.

The Judiciary is thoroughly infiltrated by neo-liberal pro-NASA NGO activists, they have compromised or intimidated Maraga to the extent that he is either helpless or has been inducted, and it looks like Wanjala too is in the same boat. I am not so sure about Lenaola. It looks like only Ojwang, Njoki and Ibrahim are standing firm. I now understand how Ojwang's bid for CJ was short circuited...he must have refused to play ball with these fools.


obienga wrote:
Thu Sep 14, 2017 6:52 am
NASWAS's greatest hypocrites are running amok. Nini inawasumbua if the CJ is above board and beyond reproach in his conduct of affairs at the judiciary? Any bonafide citizen irrespective of affiliation is free to file a petition to be evaluated on its merits.
Image
NattyDread wrote:
Thu Sep 14, 2017 6:27 am
Energizer wrote:
Thu Sep 14, 2017 6:14 am
Exactly! The hypocrisy is nauseating. NASA and their media confreres think that only NASA should have a monopoly of using legal mechanisms to fight political wars, which is what Jubilee should have been doing right from 2013 thus putting both a partisan judiciary and CORD/NASA on the defensive.

Ngunjiri is doing the right thing and he is precisely the kind of proactive JP MP i was wishing for. Hopefully, this will serve to wake up the incompetent MPs in JP. I have been asking Kang'ata my former MP to do exactly this for ages, instead of calling useless attention seeking press conferences that serve no purpose. Fungua your TV now and talking heads are discussing nothing else except Ngunjiri's move..wonderful :D :D
Indeed, before 8/8, NASA AfriCOG and others had filed more than 25 court cases related to the IEBC and elections. Jubilee sat and watched as Odunga and others granted all manner of prayers. It is time to push back and test the Judiciary's sense of fair play.
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Re: The Jubilee Party has filed a petition at the Judicial Service Commission against Chief Justice David Maraga

Unread post by YellowOne » Thu Sep 14, 2017 10:00 am

vooke, what does this mean ""No warrior entangleth himself with the affairs of this life; that he may please him who hath chosen him to be a soldier." (2 Timothy 2:4).."

vooke wrote:
Thu Sep 14, 2017 1:19 am
Morons
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vooke
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Re: The Jubilee Party has filed a petition at the Judicial Service Commission against Chief Justice David Maraga

Unread post by vooke » Thu Sep 14, 2017 10:27 am

YellowOne wrote:
Thu Sep 14, 2017 10:00 am
vooke, what does this mean ""No warrior entangleth himself with the affairs of this life; that he may please him who hath chosen him to be a soldier." (2 Timothy 2:4).."

vooke wrote:
Thu Sep 14, 2017 1:19 am
Morons
It means you should serve the Lord Jesus with all your guts
"No warrior entangleth himself with the affairs of this life; that he may please him who hath chosen him to be a soldier." (2 Timothy 2:4)..

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