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The Supreme Court Opinion Is Intellectually Shallow, A Sham and An Embarrassment of the Court Part I

16 Apr

Supreme Court Justices

The Supreme Court has issued it’s long awaited opinion in the Raila and AfriCog petitions; you can read the opinion at Supreme Court Opinion

This is a joke of a an opinion and an embarrassment of the Supreme Court to say the least.

How can the Court regurgitate without analysis what the lawyers argued and call that an opinion!!!

What passes as legal analysis is only but a handful or so of pages the rest one may as well read the pleadings, which anyone can do.

A court, let alone the highest court of the land is supposed required to analyze what’s presented as evidence, which includes the written pleadings and render an informed, sound legal judgment supported by that evidence.

That’s obviously not what we have here as anyone objectively analyzing this opinion would conclude.

The day the Supreme Court issued its written opinion was the second saddest day for Kenya second only to the day the Court dismissed the Raila and AfriCog’s petitions.

The impact of the Supreme Court’s letting the country down will be felt for decades.

In Supreme Court Ruling Is Intellectually Shallow, A Sham and Embarrassment To The Country and Jidiciary published in the Star today, I start a three part series analyzing the opinion and showing to the satisfaction of all but a few who would not recognize the truth if it was plastered across their faces.

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11 Comments

Posted by on April 16, 2013 in Politics

 

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11 responses to “The Supreme Court Opinion Is Intellectually Shallow, A Sham and An Embarrassment of the Court Part I

  1. Joe Wambia

    April 16, 2013 at 1:34 PM

    They have (shallow) opinions. The public has the facts. Case closed. They dug up evidence, then when it was inconvenient, they ignored it. Decisions are to be based on the facts, the law, and the arguments. They disregarded all three. Instead took a diversion.

    I thought they were incompetent and cowardly, now I know they are definitely stupid and maybe criminally corrupt. They have set the course of justice in Kenya by 100 years back. Justices Tunui Njoki, and Mohammed could have written the same thing. How did the PhDs on the bench subscribe to this nonsense? They give education a bad name. To imagine that they want legal scholars to study this rubbish judgement for eternity is a complete farce.

    One thing is clear: they have lost all credibility with Kenyans, including those who took them for the joy ride (Jubilee). They (the Supreme Jokers) are definitely going to be the first casualty (along with IEBC Commissioners) on Uhuru’s chopping block. If I were advising UhuRuto, I would urge them to dismantle these two Kangaroo institutions one by one over the next 12-18 months while they are at their weakest, having done a hatchet job so badly (and without intellectual rigor or finesse).

     
  2. petero

    April 17, 2013 at 2:51 AM

    (……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..) use this space to continue filling peoples head with lies

     
  3. magnumsecurities

    April 17, 2013 at 12:06 PM

    this indeed is a huge disappointment to the great people of Kenya. Lakini “aye enkoro na amange”meaning–> God works in a mysterious ways.

     
  4. magnumsecurities

    April 17, 2013 at 12:09 PM

    I couldn’t put it better than this —> One thing is clear: they have lost all credibility with Kenyans, including those who took them for the joy ride (Jubilee). They (the Supreme Jokers) are definitely going to be the first casualty (along with IEBC Commissioners) on Uhuru’s chopping block. If I were advising UhuRuto, I would urge them to dismantle these two Kangaroo institutions one by one over the next 12-18 months while they are at their weakest, having done a hatchet job so badly (and without intellectual rigor or finesse).<<< thanks Joe.

     
  5. magnumsecurities

    April 17, 2013 at 12:13 PM

    Reblogged this on magnussecurities.

     
  6. Macharia karanja

    April 17, 2013 at 3:17 PM

    Either the reason 4 dismissal was too complictd for we laymen to undertnd or only one sentence among the many mattered. That sentence is; the evidnce was barely enough to overturn the declaration. Otherwise, if any form 34 was missing, where/how did the commision derive its totals (form 36)? I was and still i’m Jubilee but political orientation aside. Tell us the bitter truth so we may construct an equal amount of a sweet lie!!

     
  7. Jeremiah

    April 18, 2013 at 1:24 PM

    SOME PACK OF SIX DOGS
    (Poem by Poet: DEJUOLS Ammbbaassaah upon reflecting on the privately delivered judgment by Kenyan Supreme court in April 2013)
    Some six people
    Sitting somewhere
    Pondering
    Wondering
    Contemplating
    Wriggling out of justice
    ‘Let them do their thing’
    Whichever which way
    Goes their dictates
    I will prevail
    Over them
    Just a horde of
    Some park of six dogs

    Some six people
    Sitting somewhere
    Just wasting away
    Squabbling lavishly the earnings of
    The majority poor;
    Trampling under foot
    A people’s
    Hope
    Aspirations and
    Dreams
    A reflection of the dark day
    Of times gone by
    Rekindling a fresh those
    Old sad memories
    Of loved ones seeking
    Justice for the exterminated loved ones
    Maimed
    Orphaned
    Defiled….
    Before a empty barking bunch of
    Some park of six dogs

    Some six people
    Sitting somewhere
    A witness of park usefulness
    Miss placed
    Sublimed verdict
    Justice to the dogs
    The real victims wasting a way
    Peace?
    Who’s peace?
    To be sorted before a bench presided over by
    Some park of six dogs

    Some six people
    Sitting somewhere
    Deliberating
    Your honor
    Thanks for the new found vocabulary
    “Some six people
    Sitting somewhere wasting away”
    Demeaning
    Defacing
    Dejecting
    The very essence
    Of the law
    Of the land
    By way of supreme slander
    A game so loved
    In refection!
    If these
    Some six people
    Sitting somewhere
    Are wasting away,
    What of the other six
    The tried six
    Convicted six
    With crime against humanity
    In a foreign land,
    Are they fattening away?
    Just a thought!
    At the altar of
    Some park of six dogs

    Some six people
    Sitting somewhere
    Partaking like ticks
    Of the shaded blood
    The drained blood
    Upon the wasting away bodies
    Of the
    VOTE so defiled
    Verdict way so raped
    Will of a people unreservedly so abused
    Turning blind eye
    To the misplaced investment
    Of a people so over taxed
    Dejected
    De humanized
    Justify 30 billion of equipments not employed
    While a nation solemnly rally
    To a clarion call
    Kenyans for Kenyans
    News flashing of sad pictures
    Of a staving
    Sick
    Jobless
    NATION!!
    A game played upon the souls
    Of hard working patriotic
    KENYANS
    By some six people
    At the hands of ..
    Some park of six dogs

    Poet: DEJUOLS Ammbbaassaah

     
    • paula

      April 19, 2013 at 1:36 AM

      pretty powerful poem .. enuff said !

       
  8. Rilkal

    April 19, 2013 at 3:50 AM

    if a candidate is to win with 50% plus 1 then one is very essential. so i cant believe that one was not found in all those docs. they have not done there job well. its a wish washy judgement. all in the name of constraint of time.

     
  9. Macharia karanja

    April 20, 2013 at 1:03 AM

    Jeremiah/Ambasa; Poems are boring and extinct. In kenya, they are the preserve of a small group of bright but frustratd potheads who profess unrealistic, diehard sociopolitico agenda. They’ve tried bringing the art to the mainstream media eg sunday Nation but it remains tucked away from the mainstream commentary and entertnmt. It aint deliberate subortage but simply the public isnt consuming poetry!. And so is your Politics. Ancient, lacking in swag and extremely sensational leftist. E.g. Why U talk of 6 accusd of icc while they’ve scaled back to 3? And by the way, going by cord pronouncements of around March 13, the Court, Mutunga etc was on your side. Talk of Harman and Mordekai!!

     
  10. Jomo Nyagudi

    May 6, 2013 at 4:10 PM

    IEBC and Supreme Court started the rigging of election two years ago (2011) first:

    i) by denying Kenyans in the diaspora a chance to vote even after using tax payers money in travelling around the world to check the modalities of diaspora voting system. After taking the diaspora survey Isaak Hassan relized that it was difficult to manipulate the diaspora votes and they were going to make the Cord candidate win in the first round.
    ii) Former President Mwai Kibaki and Willy Mutunga moved with speed to remove former deputy Nancy Baraza out of the juduciary in time in order to control the remaining supreme court members.
    iii) IEBC went against the new constitution again with support from Willy Mutunga/supreme court by setting the election date to be 4th match 2013 instead of second tuesday of August 2012 (fifth year of the national assembly). Watch out the next election should be done in august 2017 unless someone changes the date again.

     

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