1.Yesterday a 3 judge bench in Meru disagreed with my submission that in seeking the recusal of a Kenyan judge the test shouldnt be the view of "a reasonable man, fair minded & informed observer" developed by English courts & religiously followed by our cour courts
1. I submitted
Rather unsuccessful that that test offends section 3(3) of the Judicature Act that decrees our courts in applying common law principles must take cognizance of the "circumstances of Kenya and its people"
3. The test of a "reasonable man" in England refers probably to a middle
Class man happy with the affairs of his country and very proud of England's courts and justice system.
4. "The circumstances of Kenya and its people" under Section 3(3) of the judicature Act as it relates to recusal of a Kenyan judge in my submission must take cognizance of the
Fact that our courts are very corrupt. Further the court must take into consideration that the radical surgery in 2003 led to the dismissal of 50% of Kenyan judges. Further due to endemic levels of corruption the 2010 constitution mandated vetting of all judges.
5. That
Historic context in my humble submission should provide the background when a court decides on recusal of a Kenyan judge
6. You cannot in all honest apply British case law made for English judges to Kenyan judges defined & enveloped by corruption.A contextual appreciation of our
Kenyan reality is mandatory.
7. The Kenyan test for recusal I advanced is: "that of a Wajiku, wronged and abused by the injustices of our courts and aware of and alive to widespread corruption in our courts".
8. We are appealing to the Court of Appeal with a view to ensure
That Our courts stop the jiggery pokery application of law and admit that Kenyan courts through a judgement of the Court of Appeal have corruption and integrity problem...that is our SAD REALITY.

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More from @ahmednasirlaw

11 Oct 20
1..KENYANS, plse don't expect UHURU & DP Ruto to kiss, hug & make peace anytime soon. It's in their STRATEGIC & MUTUAL interest to maintain the current state of war.I don't think it's farfetched to SPECULATE that they have signed off this together.First, Uhuru doesn't have a lot
2...to show for his presidency. The economy has tanked. We have borrowed 3 trillion during his tenure. Probably 80% is stolen by members of his govt. Poverty has never been this bad in Kenya.Corruption is at dizzy heights & those pulling the strings are very close to power. The
3...shit has hit the fan. With zero score on the card, he can't face Kenyans. So it makes sense for Uhuru to engage in trivial personality politics with a handshake with Raila or a superficial & controlled low intensity conflict with his deputy...it spares him the war with a very
Read 9 tweets
8 Oct 20
I think we need to COOL DOWN the political temperature for the following reasons:
(a) Dp Ruto has surveyed the political landscape. MAMBO NI SAWA.
(b) H.E UHURU has seen clearly that Ruto is the frontrunner to succeed him, whether he LOVES it or NOT.
(c) Hon Raila is a 50 years
old who wants to be the main striker for Real Madrid.
(d) About 24.5% of Kenyans SUPPORT bbi.
(e) Not enough DONKEYS in the race.
(f) H.E UHURU has 18 months to get a pedigree horse in the race, YES, HE CAN!
(g) The Economy is Dead...need to rebuild the economy.
(h) cool tribal
(i) Help H.E UHURU solidify his legacy.
(j) Constitutional reforms in tribally polarised society is toxic.
(k) H.E UHURU should disband those boys who make abusive videos.
(l) K24 should listen to the old tapes from Radio Television Libre Des Mille Collins (RTLM)
Read 4 tweets
21 Sep 20
1. First to appreciate the tenor & meaning of the 10 pages advice by CJ Maraga to H.E UHURU, we have to decipher into Maraga's judicial philosophy or lack of it as a judge since he joined the judiciary in 2003. We have to appreciate that CJ Maraga has no KNOWN judicial philosophy
2..in the traditional sense of the word. In 17 years on the Bench Maraga hasn't espoused a theory of law that can help us pigeon hole him in any known legal school of thought. He camouflages the lack of legal philosophy with drama. He is a drama queen in the classical sense. As
3...in 2017 when he nullified the Presidential election, Maraga compensates his lack of sound grounding on the law by making controversial decisions that resonate with WANJIKU. He thus build his reputation not with the students of law, legal scholars or practitioners but with the
Read 18 tweets
23 Aug 20
1.When H.E Uhuru secured the services of Hon Raila 3 yrs ago in one of the most audacious transfer of a player in the market, many football pundits thought he bought a gem of a player. Rival teams thought he bought a player past his prime.The jury is still out, and since Raila is
2..now on UHURU's books for 3 yrs, We can make a preliminary assessment on whether Uhuru got value for money. Did he pay over the top? Did he buy the right player? Did the contract capture deliverables & bonuses? The contract was 4 yrs contract, did it contain a release clause?
3...is Raila captain or vc capt material? Uhuru had Messi in mind & paid Messi's transfer fees but did he get a PEPE instead? Uhuru's team is playing in the Champions League and the first match was against the Senate. Uhuru in the director's box was utterly dismayed by his team.
Read 17 tweets
14 May 20
In The WAR btw H.E UHURU and DP Ruto,UHURU isn't explaining to WANJIKU what this WAR is all about.May be because his strategy is principally COVERT. To carry the masses with him,it isn't enough for them to just see the consequences. They must know reason/rationale for his actions
For his credibility/authority and even HONESTY, H.E UHURU must address the NATION and officially announce that he has parted ways with his deputy, that he isn't supporting him for 2022, that he wishes him BAD LUCK, will fight him TOOTH and NAIL and will FINISH him KABISA. such
A public declaration will greatly enhance H.E UHURU'S standing, credibility/stature. I think it is BENEATH Uhuru to fight his deputy by stealth or through EXPIRED wazees like Atwoli.Kenyans can appreciate such a bold and MANLY action and even support it...but his current strategy
Read 4 tweets
11 May 20
With the BREAK UP of JUBILEE party, ODM and BABA are now the DE FACTO RULERS of Kenya. H.E UHURU will be BEHOLDEN to them and ODM will be calling the shots till the elections in 2022. Kenyans will never see a lame duck President like H.E UHURU...he will RULE but will not REIN.
For DP Ruto, it can't get worse than this. For his stock to rise with ordinary KENYANS he should deliberately engineer opportunities where he is publicly humiliated by H.E UHURU...alternatively it will smart move to settle in Mombasa & work from there once the Coronavirus is over
Hon Raila the master strategist has ALL the cards. H.E UHURU can't abandon or play him. In fact he has no cards against him. Uhuru will do as Raila ORDERS him, for Uhuru can't back to Ruto, the divorce order nisi having been issued...musyoka & mudavadi aren't viable alternatives.
Read 5 tweets

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