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BBI ruling: ‘Disappointed’ Raila Odinga vows to appeal

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ODM leader Raila Odinga has expressed his disappointment with the judgement of the High Court, which declared the entire Building Bridges Initiative (BBI) process illegal, but warned politicians against personalised attacks against the court.

Speaking for the first time since the court delivered the verdict, the former Prime Minister likened the judgement to moments of danger and peril that have characterised Kenya’s struggle for constitutional reforms.

“I urge that we restrain from personalised attacks on the court and its members. We may disagree with the court but we must respect its ruling and its freedom to exercise its judgment as it understands the legal and constitutional matters before it,” he said in a statement on Saturday.

A five-judge bench ruled on Thursday that President Uhuru Kenyatta acted in excess of his powers when he initiated the process of amending the Constitution through the BBI.

In the hard-hitting ruling, the judges singled out multiple legal blunders that President Kenyatta committed in his desire for law reforms.

They said the head of State made a fatal legal mistake in attempting to change the Constitution through a popular initiative, an avenue that is not available to him.

“The President cannot be an initiator of, and an umpire in, amendment of the Constitution,” ruled justices Joel Ngugi, George Odunga, Jairus Ngaah, Teresia Matheka and Chacha Mwita.

Accusations against the judges

Some of the judges on the bench have come under attack, with a section of the political class accusing them of throwing out the Bill to spite the President.

In addition, the BBI Secretariat, which said it will appeal the ruling, accuses them of engaging in partnership with the civil society and a section of politicians who have been opposed to the process.

Pokot South MP David Pkosing said the judgement was motivated by the President’s refusal to appoint 41 judges to both the High Court and the court of Appeal after they were nominated by the Judicial Service Commision after intensive interviews.

Justices Ngugi and Odunga are some of the victims of the President’s refusal as they were to be promoted to the Court of Appeal.

They were among the 11 persons whose appointment the Judicial Service Commission (JSC) recommended but President Kenyatta is yet to give his nod.

Mr Pkosing, who also chairs the parliamentary Transport committee, said the two judges should have recused themselves as, according to him, they were conflicted.  He said the bench delved into matters the petition never touched on.

“A judge cannot rule on a matter like Chapter Six [of the Constitution], that was not sought by the petitioners. It is impossible to accept the High Court ruling as objective rule of law, never. It was too personal… Was the president on trial?  The ruling was an attempted coup in a civilian democracy like ours. It must be reversed immediately,” he said.

“Struggle continues”

While disagreeing with the observation, Mr Odinga maintained the position by the State Law Office, which has indicated its desire to seek a review of the judgement in the Court of Appeal.

“We will move to the Court of Appeal to present our case as to why we think the High Court did not render the right verdict. We will do so with sobriety and with respect for our judges and courts,” Mr Odinga, noting that the ultimate aim of the BBI promoters is to strengthen, not undermine, the judiciary.

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Pregnant Woman Sues Speaker Ken Lusaka In Ksh 25M Paternity Case

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A Kenyan woman through Lawyer Dunstan Omari has moved to court to seek a court order to compel senate speaker Kenneth Lusaka to accept responsibility for their alleged unborn child.

According to a submission by Lawyer Dunstan Omari, the Speaker of the senate has been having a jolly intimate with his client since 2018.

The lawyer also revealed that their love escapades often resulted in unprotected sex since 2018.

The two disagreed two months ago after Lusaka insisted on terminating the pregnancy, something which the accuser refused. The lady claimed that she had never seen any other man during their time together.

According to the applicant, Lusaka has since refused to take responsibility for his actions. She also claimed to have undergone pregnancy complications that could potentially threaten the pregnancy. 

The lady wants the former Bungoma governor to meet the financial costs of a high standard hospital commensurate with the class and statute of the senate speaker.

High Court Judge Justice James Makau has certified the matter as urgent and directed the woman to serve Lusaka. The case is set for July 7

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Atwoli Road signpost vandalized again by Unknown people

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COTU boss enemies seem not to give him a rest. Francis Atwoli Raod signpost along Kileleshwa, Nairobi has yet again been vandalised, this time burned by unknown people on the wee hours of Tuesday.

This comes barely two weeks after the same signpost near Kenya High School was dug up and removed. Atwoli later condemned the move saying the vandalisation was an act of impunity and primitiveness.

On Tuesday morning, pictures of the signpost circulated on social media, showing how it was burnt using old tires.

Nairobi County Government named the road in May after Atwoli, in a ceremony led by the Acting Governor, Ann Kananu alongside other county officials.During the ceremony of recognition, Atwoli said it was in honour of his service to Kenyan workers.

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President Mwai Kibaki trends on twitter

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Now, some from yesterday night, hon Mwai Kibaki started trending on Twitter. This means that majority of the Twitter users are now tweeting about him. After looking keenly at the people’s tweets, I found the main reason why Mr. Kibaki is now trending.

As seen from the tweets, people are praising Mr. Kibaki for being the best minister for finance in the Republic of Kenya. People are saying that Kibaki is the person who boosted the economy of this country.

“Mwai Kibaki borrowed KSh 244.8 Billion in his first 7 years in office while Uhuru Kenyatta has borrowed KSh 5.17 Trillion in his first 7 years in office. Worrying trend perhaps,” said Mr. Ninja

“During Kibaki’s time we used to have a budget deficit of 400B that was easily raised by the Judiciary, other govt fees, and small borrowing…now we have a deficit of 1.7 Trillion. The deficit is bigger than Kibaki’s last entire budget. Tano Terror! Kusema na kutenda.” Said Mama JJ.

“Kibaki did12 good years in Finance.. 9 of those Vice president….Wow! Guy knew everything government for sure.” Said Mr. Paul Mwago

“Kibaki was a great Finance Minister and the best President in history. He was a finance Minister for 12 years; tells us about his competency in the field. Working on a budget of less than 200 Million though must have been tough,” said Mr. Bethwell Cheruyot

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