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

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nowayhaha
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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 1:09 am

https://thestar.liveblog.pro/lb-thestar ... west_first

The Jubilee Party has filed a petition at the Judicial Service Commission against Chief Justice David Maraga arguing that he has been involved in gross misconduct in how he handled the August 8 presidential election.

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True RV
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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 True RV » Thu Sep 14, 2017 1:14 am

Yep, watching it live on Citizen. Only Judicial Service Comission can screw cJ Magara, NASAs friend
https://citizentv.co.ke/tv/https://citizentv.co.ke/tv/
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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 1:19 am

Morons
"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)..

mwalimu
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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 mwalimu » Thu Sep 14, 2017 1:35 am

They want to INTIMIDATE JUDICIARY the way they INTIMIDATED ............ NGOs that wanted to do civil education.
they even froze some NGOs. through intimidation.

okoths72
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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 okoths72 » Thu Sep 14, 2017 1:41 am

Kumbe Uhuru Hana a akili. Alcohol. Has wiped out all brain cells.

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anonymousz
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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 anonymousz » Thu Sep 14, 2017 2:03 am

CJ David Maraga is a consummate gentleman BUT rigidly dense ...

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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 AntiHubris » Thu Sep 14, 2017 2:57 am

Did he file as Jubilee or as himself?
nowayhaha wrote:
Thu Sep 14, 2017 1:09 am
https://thestar.liveblog.pro/lb-thestar ... west_first

The Jubilee Party has filed a petition at the Judicial Service Commission against Chief Justice David Maraga arguing that he has been involved in gross misconduct in how he handled the August 8 presidential election.

mwalimu
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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 mwalimu » Thu Sep 14, 2017 2:58 am

it says jubilee party
AntiHubris wrote:
Thu Sep 14, 2017 2:57 am
Did he file as Jubilee or as himself?
nowayhaha wrote:
Thu Sep 14, 2017 1:09 am
https://thestar.liveblog.pro/lb-thestar ... west_first

The Jubilee Party has filed a petition at the Judicial Service Commission against Chief Justice David Maraga arguing that he has been involved in gross misconduct in how he handled the August 8 presidential election.

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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 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.
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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 3:34 am

Misplaced. Such things needs wisdom.

nowayhaha
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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 3:35 am

AntiHubris wrote:
Thu Sep 14, 2017 2:57 am
Did he file as Jubilee or as himself?
nowayhaha wrote:
Thu Sep 14, 2017 1:09 am
https://thestar.liveblog.pro/lb-thestar ... west_first

The Jubilee Party has filed a petition at the Judicial Service Commission against Chief Justice David Maraga arguing that he has been involved in gross misconduct in how he handled the August 8 presidential election.
Media houses now say he filed as himself

https://www.the-star.co.ke/news/2017/09 ... r_c1635381

http://www.nation.co.ke/news/CJ-David-M ... index.html

https://www.standardmedia.co.ke/article ... -cj-maraga

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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 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?

nowayhaha
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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 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 .

Forwardoh
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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 Forwardoh » 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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Last edited by Forwardoh on Thu Sep 14, 2017 4:16 am, edited 1 time in total.

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