Thursday 21 March 2013

Re: [wanabidii] KENYA’S CHIEF JUSTICE DR. WILLY MUTUNGA & JUSTICE OJWANG SHOULD RECUSE THEMSELVES FROM HEARING THE CORD PETITION

Boniface,

Ochwangi is driven by his personal hatred for Raila. In 2007, he was promised an appointment but that did not work out because Raila did not get to be president. Since then, he became depressed and has been taking his anger out on Raila.

Whenever he writes like this, it means he forgot to take his medication.

Courage



On Thu, Mar 21, 2013 at 4:21 AM, Boniface Magessa <magessabm@gmail.com> wrote:
Ochwangi,
Why to worry while you still have 4 judges in favour of Jubilee?


On Thursday, March 21, 2013, Maurice Oduor <mauricejoduor@gmail.com> wrote:
> Ochwangi,
>
> As usual, you have written nothing that anyone can call sensible. Your opinions are always so partisan that you have lost credibility on these fora completely. the only people who keep cheering you on are the Kikuyus that you work so hard to please. Yet they keep laughing at you for being this naive.
>
> According to you, Mutung'a and Ojwang' are Raila's confidants so they should not sit on this case.  Who should sit then? Only Judges who dislike Raila or who we perceive to be Jubilee oriented like Njoki, Wanjala and Tanui? Or should we get rid of the Supreme Court altogether?  This opinion from you is so bone-headed I don't want to use the word I have in mind. You sound very much like a US Southern hick who thinks that courts are a waste of time and are just for those big city folks up north.
>
> I have so much more to tell you but I better stop before I get really undiplomatic.
>
> Please don't forget to take your medication. You will get better.
>
> Courage
>
>
>
> On Wed, Mar 20, 2013 at 11:37 PM, David ochwangi <dochwangi@yahoo.com> wrote:
>>
>> Folks
>> The recently concluded Kenyan general elections expose yet another soft underbelly of Kenya's convoluted legal system. The petition challenging the election of President elect Uhuru Kenyatta filed before the Supreme Court offers the best glimpse of how justice is up for grabs and even for sale by special interests at the highest annals of justice, the Supreme Court of Kenya. Not too long ago, Prime Minister Raila Odinga lampooned the courts as phone (Mahakama Bandia, he said) when the court ruled on a March 4 2013 election date. Now he and his CORD coalition have made it abundantly clear, confidently so I may add that it is only the Supreme Court that will grant them the win they claim they were robbed at the ballot box and not the people themselves. What changed? Read on.
>>  
>> The Supreme Court in this context is made up of six unelected Kenyans whose decision is supposed to be final; they can unliterary overturn the will of the people and as it is framed right now, without an explanation until later. So this begs the question, who are these mighty unaccountable Supremos? To an undiscerning observer, it would appear that the Kenyan Supreme Court is indeed an impartial arbiter to this political melee but a closer look tells of a very different story. The answer is straightforward, look no further than the cozy relationship between Prime Minister Odinga and two of the Supreme Court Judges, Chief Justice Dr. Willy Mutunga and Justice Jactone Boma Ojwang. The bold manner in which Mr. Odinga and his CORD coalition have unreservedly pressured and courted the court only means one thing, the ruling is predetermined  and it is only a matter formality before they are handed victory. The Prime Minister and his CORD coalition are so sure of the outcome that they are in full campaign mode with rallies scheduled across the country already.
>>  
>> By definition, a conflict of interest (COI) occurs when an individual or organization is involved in multiple interests, one of which could possibly corrupt the motivation for an act in another. There is no question that for the reasons articulated below these two justices, unless checked in time, are a threat to democracy because of their inherent conflict of interest diametrically aligned to Mr. Odinga and his CORD coalition. I even venture to speculate that both men voted for Prime Minister Odinga and they are equally frustrated that he did not win and therefore would use their official positions at the Supreme Court to overturn the will of the people. In fairness to these two,  I think that all the justices hearing this petition should be required to disclose under oath whom they voted for so as to remove any doubt as to their vested interest in the outcome of the case. Paradoxically, conflict of interest is one of the primary premises cited by Mr. Odinga in his petition against President-elect Uhuru Kenyatta, i.e.  That the IEBC and Mr. Kenyatta's TNA party shared the KENCALL server platforms; as absurd and farfetched and remote as that sounds, Mr. Odinga's application to the court cites this as one of the grounds why the court must overturn the people's verdict, I am not making it up. So I say that similarly, by the Prime Minister's own stated standard, his two friends at the Supreme Court, Justice Mutunga and Justice Ojwang  should not be adjudicating Mr. Odinga's petition.  So what exactly are those connections that create the conflict of interest or the impression thereof? You may ask;
>> CHIEF JUSTICE DR. WILLY MUTUNGA:
>> I personally like Dr. Mutunga and I think he is a good man. However, since his appointment, he has been very publicly outspoken in expressing his displeasure with the possibility of President elect Uhuru Kenyatta and his running mate William Ruto being allowed to run for President and Deputy President respectfully. 
>> Justice Mutunga and the Prime Minister have a history have a history of camaraderie spanning back years from his activism and push for human rights protections and there is no question that his political statements and posturing has been tinged in the Prime Minister's favor. He was vocal in trying to use the courts to prevent the president elect from running because of chapter 6 of the constitution. Just like the ICC, the Kenyan courts refused to be drawn into the presidential politics but it did not stop there. Dr. Mutunga was the first to report to the media (not the Police) that he and his officers had been threatened by Uhuru's supporters about the integrity case filed against Uhuru. This turned out to be an amateurish poorly choreographed inside job designed to discredit President elect Kenyatta. In another instance, Justice Mutunga made several prejudicial statements against Mr. Kenyatta on cases pending before his courts, at one point Mr. Kenyatta's attorneys had to admonish him and request the courts to restrain the Chief Justice.  In yet another inciden
>>
>> --
>> You received this message because you are subscribed to the Google Groups "WANAKENYA" group.
>> To unsubscribe from this group and stop receiving emails from it, send an email to wanakenya+unsubscribe@googlegroups.com.
>> For more options, visit https://groups.google.com/groups/opt_out.
>>  
>>  
>
> --
> Jobs in Africa - www.wejobs.blogspot.com
> International Jobs - www.jobsunited.blogspot.com
>  
> Kujiondoa Tuma Email kwenda
> wanabidii+unsubscribe@googlegroups.com Utapata Email ya kudhibitisha ukishatuma
>  
> Disclaimer:
> Everyone posting to this Forum bears the sole responsibility for any legal consequences of his or her postings, and hence statements and facts must be presented responsibly. Your continued membership signifies that you agree to this disclaimer and pledge to abide by our Rules and Guidelines.
> ---
> You received this message because you are subscribed to the Google Groups "Wanabidii" group.
> To unsubscribe from this group and stop receiving emails from it, send an email to wanabidii+unsubscribe@googlegroups.com.

> For more options, visit https://groups.google.com/groups/opt_out.
>  
>  
>

--
Jobs in Africa - www.wejobs.blogspot.com
International Jobs - www.jobsunited.blogspot.com
 
Kujiondoa Tuma Email kwenda
wanabidii+unsubscribe@googlegroups.com Utapata Email ya kudhibitisha ukishatuma
 
Disclaimer:
Everyone posting to this Forum bears the sole responsibility for any legal consequences of his or her postings, and hence statements and facts must be presented responsibly. Your continued membership signifies that you agree to this disclaimer and pledge to abide by our Rules and Guidelines.
---
You received this message because you are subscribed to the Google Groups "Wanabidii" group.
To unsubscribe from this group and stop receiving emails from it, send an email to wanabidii+unsubscribe@googlegroups.com.

For more options, visit https://groups.google.com/groups/opt_out.
 
 

--
Jobs in Africa - www.wejobs.blogspot.com
International Jobs - www.jobsunited.blogspot.com
 
Kujiondoa Tuma Email kwenda
wanabidii+unsubscribe@googlegroups.com Utapata Email ya kudhibitisha ukishatuma
 
Disclaimer:
Everyone posting to this Forum bears the sole responsibility for any legal consequences of his or her postings, and hence statements and facts must be presented responsibly. Your continued membership signifies that you agree to this disclaimer and pledge to abide by our Rules and Guidelines.
---
You received this message because you are subscribed to the Google Groups "Wanabidii" group.
To unsubscribe from this group and stop receiving emails from it, send an email to wanabidii+unsubscribe@googlegroups.com.
For more options, visit https://groups.google.com/groups/opt_out.
 
 

0 comments:

Post a Comment