Mahakama Kenya yazuia matumizi ya vifungu kadhaa vya Sheria ya Mitandao iliyopitishwa na Rais Kenyatta majuzi

Mahakama hiyo hiyo ilisema uchaguzi wa urais urudiwe na ukarudiwa. Kwani unasahau haraka aje. Mahakama ya Kenya hapana machezo.

Unazungumzia habari za 2017 Mimi nazungumzia March 2018.

Vipi IG Boinnet ameanza kulipia faini kwa kuidharau mahakama?
 
hahahaha some portions have been suspended completely haswaa zile zinazokiuka katiba na zina nia ya kukandamiza...chances are that it will be suspended as a whole and returned to parliament for further consultation
Congratulations to Kenya..
Uzuri mmoja ni kwamba Kenya Muhimili wa Mahakama upo Huru as it is supposed to be..
Kwa Tanzania Magufuli ni Dikteta na ameiweka Mahakama na Bunge kwenye Mamlaka yake.
He doesn't care.
 
That's a temporary block, hizo ni sheria na zimesainiwa na Raisi.. Hapo wataenda kushindana mahakamani lakini hawatashinda kamwe
Pending definitive ruling on Juy 7. Uamuzi huyo siyo wa mwisho.

Hivyo ndo vilifanyika kwa ile sheria nyengine ya ugaidi... Jaji ali suspend hivyo vipenge alafu akaita panel ya majaji ... kumbuka tayari amesha declare kwamba hizi sheria ni kinyume na katiba....next itakua ni kuamua kati ya hivyo vipengee 26 ni gani vitaondolewa kabisa na nigani vinaweza kubakishwa kulingana na katiba ..

Kenya anti-terror law thrown out
The killing of 28 non-Muslim passengers on a bus on November 22, 2014, and the follow-up massacre of 36 quarry workers on December 2 in Mandera County brought the issue of terrorism to a tipping point. On December 11, the government took the Security Laws (Amendment) Bill, 2014, to the National Assembly.
WENT TO COURT
Parliament passed the Bill on December 18, 2014 and President Kenyatta signed it into law the next day.
But the Coalition for Reforms and Democracy (Cord) went to court on December 23, 2014 and won a reprieve when Justice George Odunga of the High Court put on ice eight sections of the new Act, including sections 12, 15, 26, 29, 48, 56, 58 and 64.
And on February 23, five judges β€” Isaac Lenaola, Mumbi Ngugi, Hillary Chemitei, Hedwig Ong’udi and Joseph Onguto β€” ruled on the constitutionality of the eight sections suspended by Justice Odunga.
A deeper scrutiny reveals that the judges made a bold and reasoned attempt to strike a perfect balance between human rights and security in what has emerged as a judgment judiciously calibrated to strengthen the government’s hand in the fight to contain terrorism and crime while shielding civil liberties from the imperatives of counter-terrorism.
On human rights, the judges focused on three areas. The first is the right of accused people during trial. They rejected parts of Section 16 on disclosure of evidence, declaring disclosure of evidence as β€œvery important to enable the accused prepare his defence”.
They rightly argued that failure to disclose evidence is β€œtotally unjustifiable as it would lead to trial by ambush”.
The court also rejected parts of Section 26 of the Act provided that silence would automatically be assumed to be proof of guilt and upheld the right of an accused person to remain silent during proceedings.
Second, the judges ruled that Section 48 of the Act which limited the number of refugees residing in Kenya to no more than 150,000 violated Kenyan laws and international treaties. Apparently, Kenya was borrowing a leaf from β€œFortress Europe” where Europe and America have introduced legal regimes aimed at shutting out refugees.
Third, the judges declared Section 12 of the Act as β€œunjustifiable in any democratic society” because it limited media freedom by slamming a Sh5 million fine or three years’ imprisonment for those found guilty of publishing or broadcasting materials or images on terrorist attacks. But broadcasting obscene and gory images and offensive materials from the scene of terrorist attacks will remain a contested and unfinished business in the war on terrorism.
RETAINED SECTIONS
On security, the judges declared from the outset that they would not hinder the fight against terrorism and insecurity. Accordingly, they retained intact those sections of the Act aimed at bolstering institutional coordination and β€œchain of command” in the anti-terrorism architecture.
First, the court upheld section 86 which amended the National Police Service Act to give the President power to appoint the Inspector-General of Police Service and restore the requisite β€œchain of command” in the police force.
However, it rejected the created National Police Service Disciplinary Board modelled on the court martial system in the defence forces to instil and maintain discipline and swiftly punish offenders.
Second, the court upheld sections allowing the Registrar of Persons to revoke an identity card and the National Intelligence Service (NIS) to tap private telephone calls. Third, it also sustained the government’s position to limit refugees’ movements, and to confine them to designated areas.
Despite the judgment, the new security laws have introduced into the legal nomenclature a slew of new vocabulary, phrases and concepts aimed at redefining the new environment in which Kenya is fighting terrorism. Kenya’s new anti-terrorism architecture is still work in progress, but it signifies the triumph of reason in Kenya’s reformed Judiciary.
 
Do you think it is over? and the government will accept? The government will appeal against this block... and i can assure you they will win this...
Nothing will change.....this is temporary block...
Hii sio mara ya kwanza Rais amefanyiwa hivyo, it has happened manyvtimes b4.... Kwa mfano hapa rais alijaribu kugeuza sheria ili awe na uwezo wa kuchangia zaidi ikija kwa ku appoibt jaji mkuu lakini mahakama ikatupilia hio sheria mbali baada ya bunge kuipitisha




The High Court Thursday declared an amendment to the Judicial Service Commission Act unconstitutional, stripping President Uhuru Kenyatta of the powers to handpick the Chief Justice and his deputy.
A five-judge Bench consisting of Justices Richard Mwongo, Joseph Onguto, George Odunga, Weldon Korir and Mumbi Ngugi ruled that the appointment of the top judge remains the sole mandate of the Judicial Service Commission (JSC).
The judges argued that the amendment granting the President powers to to select the head of the Judiciary would effectively return the country to the dark past when patronage, nepotism and corruption, determined appointment of senior public officers and contrary to the Constitution’s demand for open and accountable processes that promote good governance.
β€œAmendments compelling the JSC to submit three names of each position to the President violated Article 166 (i) of the Constitution.
Court strips Uhuru of powers to handpick CJ, deputy


Katibba yenyewe inasema hivi...

(1) There is established the Judicial Service Commission.
(2) The Commission shall consist of -
(a) the Chief Justice, who shall be the chairperson of the Commission;
(b) one Supreme Court judge elected by the judges of the Supreme Court;
(c) one Court of Appeal judge elected by the judges of the Court of Appeal;
(d) one High Court judge and one magistrate, one a woman and one a man, elected by the members of the association of judges and magistrates;
(e) the Attorney-General;
(f) two advocates, one a woman and one a man, each of whom has at least fifteen years’ experience, elected by the members of the statutory body responsible for the professional regulation of advocates;
(g) one person nominated by the Public Service Commission; and
(h) one woman and one man to represent the public, not being lawyers, appointed by the President with the approval of the National Assembly.
(3) The Chief Registrar of the Judiciary shall be the Secretary to the Commission.
(4) Members of the Commission, apart from the Chief Justice and the Attorney-General, shall hold office, provided that they remain qualified, for a term of five years and shall be eligible to be nominated for one further term of five years.

172. Functions of the Judicial Service Commission >
(1) The Judicial Service Commission shall promote and facilitate the independence and accountability of the judiciary and the efficient, effective and transparent administration of justice and shall--
(a) recommend to the President persons for appointment as judges;
(b) review and make recommendations on the conditions of service of--
(i) judges and judicial officers, other than their remuneration; and
(ii) the staff of the Judiciary;
(c) appoint, receive complaints against, investigate and remove from office or otherwise discipline registrars, magistrates, other judicial officers and other staff of the Judiciary, in the manner prescribed by an Act of Parliament;
(d) prepare and implement programmes for the continuing education and training of judges and judicial officers; and
(e) advise the national government on improving the efficiency of the administration of justice.
(2) In the performance of its functions, the Commission shall be guided by the following--
(a) competitiveness and transparent processes of appointment of judicial officers and other staff of the judiciary; and
(b) the promotion of gender equality.
 
Kuna watu walikwenda shule kusoma ili wapate elimu na wapo watu walikwenda shule ili wapate vyeti, tofauti yao hawa ni hi; wengine huyafanya yale walio yasomea yakae kwenye practicle wakati wale wengine hutekeleza na kufuata maelekezo, similarities between the two is, wote wali graduate na wakapewa vyeti!
 
that's why Kenyans will always be ahead of everyone in the whole EAC block.
 
Lakini Kenya tuko mbele kushinda Tanzania, kubali tu. Atleast sisi tunaeza pambana na serikali yetu hadi serikali yenyewe iinuwe mikono na kukubali kushindwa kwenye maswala ya sheria. Nyinyi hamuwezi hata jitetea.
Hilo halina ubishi kabisa. Kilangila.
 
Lakini Kenya tuko mbele kushinda Tanzania, kubali tu. Atleast sisi tunaeza pambana na serikali yetu hadi serikali yenyewe iinuwe mikono na kukubali kushindwa kwenye maswala ya sheria. Nyinyi hamuwezi hata jitetea.
Hilo halina ubishi kabisa. Kilangila.
 
Lakini Kenya tuko mbele kushinda Tanzania, kubali tu. Atleast sisi tunaeza pambana na serikali yetu hadi serikali yenyewe iinuwe mikono na kukubali kushindwa kwenye maswala ya sheria. Nyinyi hamuwezi hata jitetea.
Acha uongo yule Mkenya/Mcanada aliyemuapisha Raila ilikuwaje? Mahakama yenu iliamuru serikali impeleke mahakamani lakini ikamfukuza kwenda Canada hata aliporudi akavurushwa mpaka Dubai tena serikali ilifanya dharau ya hali ya juu kwa mahakama yenu pamoja na kuwa na Katiba mpya mnayoisifia kila wakati. Serikali kwa nchi za Afrika ni muhimili uliojichimbia zaidi.
 
Hapo serekali ilikiuka sheria na ilikua inasikitisha kuona inspector mzima anakiuka maagizo ya mahakama hadi akatozwa faini ya kilazima kutoka kwa mshahara wake..


Bado changamoto ziko tele, hatusemi hatuna shida, lakini tunacho kisheherekea ni kwamba, mbali na changamoto zote hizo, sote tunakubali kwamba mahakama iko huru kiasi cha kuaminika.... ingekua ni nchi zengine Africa huyo jaji angekua aliogopa kwenda ana kwa ana na serekali, eti alimtaka waziri na inspekta jenerali waje personally na huyo Miguna au sivyo wahukumiwe in absentia..
 
Mkuu nataka nikuambie duniani hakuna haki sawa kwa wote! Angalia Marekani magaidi waliwaweka quantamol wale watuhumiwa wa ugaidi na hawakuwafikisha mahakamani kabisa pamoja na mahakama za Marekani kuamuru kambi hizo zifungwe hazikufungwa kabisa!! Hakuna haki duniani labda mbiguni.
 
Hongereni Kenya huku tanzania wabunge 250 wanapitisha sheria ya kutumia mtandao mmoja tu jamiiforums


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Nacheka kwa maumivu. Sad but true.
Haki ya nani. Kuna mawili kwenye hili.
Either kukosa kufikiria mengine ya kufanya, or Insecurity.

pingli-nywee jirani welcome to Tanzania.
The land of the beautiful Kilimanjaro! πŸ˜€
 
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