Government is sweating trying to find the best way to avoid facing a constitutional crisis after the High Court judgement blocking Chief Justice Luke Malaba New tenure.
It has come up with a number of scenarios to disentangle the legal imbroglio which has paralysed the judiciary.
It has come up with a number of scenarios to disentangle the legal imbroglio which has paralysed the judiciary.
Scenarios under consideration:
1. Appeal suspends the High Court judgement allowing government to regroup, but lawyers say appeal doesn't suspend the declarator;
2. Appoint acting judges to hear the appeal, but bench can't have acting judges only;
3. Appoint judges from outside;
1. Appeal suspends the High Court judgement allowing government to regroup, but lawyers say appeal doesn't suspend the declarator;
2. Appoint acting judges to hear the appeal, but bench can't have acting judges only;
3. Appoint judges from outside;
4. Argue on appeal that the High Court wrongly consolidated two cases as judges are respondents on only one of the cases, not both; and
5. Bulldoze and insist superior court judges can hear the appeal even if they are conflicted, claim they were wrongly cited in to begin with.
5. Bulldoze and insist superior court judges can hear the appeal even if they are conflicted, claim they were wrongly cited in to begin with.
All these scenarios have serious legal implications, which will further expose government's constitutional delinquency, trampling on the rule of law and constitutionalism, meaning it is a rogue regime.
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