Eric Theuri SC @etadv
50th President of the Law Society of Kenya nairobi Joined August 2011-
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COURT; Judge Baguma Emmanuel: Since you received the evidence, let us proceed to the next stage. I earlier directed that, should you maintain a difficulty with legal representation, you be furnished with the list of 786 advocates on state brief, from which you were to make your selection. Have you made your choice? 1ST APPLICANT (Col. (Rtd.) Dr. Kizza Besigye): My Lord, I received the list at 6:00 p.m. yesterday. It is an extensive list of 786 advocates, and I respectfully seek the Court’s guidance on how best to make a selection from it while the underlying questions concerning our legal representation remain unresolved. The Court is well aware that the charges we face are grave and complex, spanning events said to have occurred across four countries. Much of the evidence confronting us is technical and electronic in nature. It is therefore vital, in selecting counsel, that we understand the respective competencies of the advocates named on the list, so that, guided by those competencies, we may make an informed selection. What has been furnished to us is limited to the advocates’ names, years of enrolment, the jurisdictions or areas in which they practise, and their telephone contacts. This does not disclose their competencies. I accordingly seek the Court’s guidance on how we may be enabled to ascertain those competencies so as to make a proper selection. Having said that, I wish to reiterate our earlier submission: the legal team we had is one in whose competence we placed full confidence, and which remains available to represent us in this matter once the concerns touching upon its members’ security have been resolved. Those concerns are the subject of Application No. 248, presently before the High Court. At our last appearance, Your Lordship undertook to ascertain its status. It was filed last month and bears directly upon the matter now before this Court. Finally, My Lord, it would be an injustice to the people of Uganda to bear the cost of counsel on our behalf when we are able and willing to meet the requirements of counsel of our own choosing — the more so in these hard times, when people are dying of hunger.
Good people, si I told you few days ago that judges were planning to go to court and stop the publication of the performance report? Only a radical and bloody surgery will reform our courts and end the cancer of JurisPESA once and for all.
@Ndonglaw043 The only problem I see is the fusion of profession and religion. Its perfectly in order to amplify your religious beliefs. However the moment those beliefs mutate into a legal opinion then we subject them to professional standards.
Goons have no place in Kenya, including in the Office of the President. Excellent editorial @NLM_Magazine !
When you see opulence and extravagant show of wealth amongst the elites in the midst bitting povert and hunger amongst the majority poor then you know shida iko manyata.
Goons can march like this only with the express support of state authority. I have it said it before and I can repeat it again that goons in most parts of Kenya are under the Express control the PS Office of President.
@JamesKWaNjeri I fear you maybe right. I pray you are wrong.
Interesting: Does the Court of Appeal now apply two different nugatory tests, one for the Government and another for everyone else? If irreversible financial loss is insufficient here,will the same standard apply when the State seeks a stay? Salute to Gatembu,Chacha and Nyamweya!
#hotoffthebench COA: Claims of irreversible financial and operational damage, without more, do not satisfy the nugatory test where the impugned orders are interim conservatory orders issued to preserve the subject matter pending determination by the High Court.
Buana Sam Gituku has given journalism a lot of hope. IEBC Commissioner Alutalala Mukhwana has insisted that the commission's teams are on the ground investigating claims of voter bribery in Ol Kalou. He has gone further and asked Sam to share any footage his team has to aid the investigations. Sam has then shown him a tweet by Moses Kuria saying the government has provided water to residents of Ol Kalou. The good commissioner has promised to investigate the tweet.
IEBC it seems, will see no EVIL. Hear no EVIL. Let them not make it that obvious. If not careful they will outshine the rather impossible standards set by the Kivuitu Commission.
The Ol Kaluo by election may help us reflect on whether a voters is that sophisticated person or the average kenyan voter will as widely believed will vote where they have eaten. The place of voters bribery in the election is one feature that the political class and by extension the Judiciary have fought to retain. So much that even when proved it hardly overturns any electoral outcome. It may just happen that the next significant electoral candidate will be voter bribery. The jury is out!!
The only outcome when cops and goons work alongside each other to break the law, is more anarchy. Police protection of goons gives them the feeling of immunity. They become bolder more organised and this creates rival gangs. When state approved goonism becomes commercially attractive then the whole country becomes fair game. This taken together with police abductions set a slippery path to violence and anarchy.
Goons pelting stones at us, as police watched. We even saw one join in and throw a stone.
Directions on consolidation of cases can only be made by the Principal Judge if the various cases are referred to him by different courts for purposes of orderly conduct of proceedings. A memo can NEVER assume the character of judicial authority especially when not made on a file. This bears the hallmarks of judicial overeach especially since they were prompted by complaints by one of the parties outside formal court proceedings.
Officially, we have a CIVIL WAR in the Kenyan judiciary. Can files by taken from judges Z, W and U and given to Judge T through a letter by the Principal Judge or should parties have made an application for consolidation? It may be a good idea for a judge to hear all the
Officially, we have a CIVIL WAR in the Kenyan judiciary. Can files by taken from judges Z, W and U and given to Judge T through a letter by the Principal Judge or should parties have made an application for consolidation? It may be a good idea for a judge to hear all the matters...but surely that decision must be judicious and transparent. So judges U,Z and W will now surrender their files to judge T on the basis of a letter? I'm sorry...that is wrong..Let parties move the courts accordingly and let files not be snatched through letters..@Kenyajudiciary @omwanza @LawSocietyofKe @@FaithOdhiambo8 @NelsonHavi
How are we supposed to believe that this is a Court independently acting? The broad nest and extent of those interim reliefs is mind boggling.
According to PS of Interior, this is a Kenyan walking to board an Uber to go lock himself in his house and sleep. There are reports that somehow his body transported itself from the house where he was sleeping and booked itself at City Mortuary as a victim of hit run accident.
Judges at the Court of Appeal conspired to defeat the proceedings in the High Court. This notice is intended solely to notify us that the sale is fait accompli. In short muta doo?
@Ndonglaw043 Its a test to the Court. Will it bite?? Or coil it's tail
The Gachagua judgment is a political decision at best as it is legally absurd. The Constitution expressly provides that any decision in violation of rights void. The effect of impeachment is that the person cannot hold public office. So how does a decision in violation of rights for which the Court has awarded damages operate as a bar to running for office. Those are judicial gymnastics that reflect a captured court
Belio Kipsang ought to wake up and smell the coffee. You have to handle this generation by understanding their unique thinking. Should they burn all the schools before he gets the message that a break is good for everyone!! In the meantime it would help if the schools received capitation in time to mitigate the challenges schools are currently going through!!
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