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A petition seeking to have Super Alliance (NASA) leader Raila Odinga be forced take participate in the repeat presidential election set for Thursday has been dismissed by the High Court.
While dismissing the petition filed by Pokot South Member of Parliament David Pkosing, Justice Chacha Mwita on Tuesday ruled that issues raised by the petitioner can only be heard Supreme Court.
“This court has a limited jurisdiction in criminal and legal matters. According to Article 163 of the constitution, the High Court shall not have jurisdiction on matters of the Supreme Court,” said Justice Mwita.
The Judge said there was an ongoing presidential process in the country and if the MP's orders are granted, the court would be overstepping its jurisdiction.
He further said that no court can compel a citizen to exercise his/her constitutional right.
“No court can force a citizen or a person for that matter to exercise his/her fundamental rights. The citizen has a right to make political choices,” said Justice Mwita in his ruling.
In his petition before the court, Pkosing argued that NASA leaders, by withdrawing their candidature from the fresh election were seeking to capture the Presidency through a crisis, triggered by failure to conduct the repeat presidential election within 60 days as ordered by the Supreme Court.
He also submitted that there was a conspiracy to block the Independent Electoral and Boundaries Commission (IEBC) from conducting the fresh election, as currently established.
He also argued that if the October 26th election aborts by whatever means, Kenya would likely plunge into a constitutional crisis.
Comments
I thought Luos removed some teeth according to the tradition? Look at that picture. What is he doing with a mouth full of teeth? This guy belongs in South Sudan where we have lots of war mongering and little economic value going on.
Mugi. You are a MISGUIDED Jubilee Element out to Tarnish than Tell. Ukweli na Haki UTADUMU; Uongo na Wizi UTAANGAMIA. Amen!!!
Ndugu Matiang'i, we need a new curriculum where a course is introduced that teaches more about the people of Kenya and their traditions.
When @Mugi says, " I thought Luos removed some teeth according to the tradition? Look at the picture. What is he doing with a mouth full of teeth?"
Mugi, even people famous Luo people such as Robert Ouko, Odongo Omamo, and Tom Mboya had not followed their original tradition of removing six lower teeth. Cultures are not stagnant. They change especially after getting some external stimulus.
My own micro - nation circumcised both males and females about 100 years ago. They have now stopped the female circumcision. Is Mugi going to check the women from my micro-nation the way he did with Raila to verify whether they are circumcised?
Change the curriculum. Delete the teaching of alien religions (Islam and Christianity) and teach a course titled the "Cultures of the Contemporary peoples of Kenya."
And while we are in class, lets also learn about how tribes became MICRO-NATIONS because that's an undertone of cessation talk which has now become "normal" talk in Kenya. If we have to follow the West while keeping our positive cultural norms, at least lets do it with a brain at work.
Reply from Imara (copy and paste from below, didn't want you to miss the great lesson)
Tue, 10/24/2017 - 15:11
REPLY
@Mugi:
The word micro-nation was coined by the first Africa Nobel Laureate winner the late Wangari Mathaai. It is a more positive word than the current emotionally loaded word known as the "tribe." Kenya is made up of 42 distinct languages in addition to the one "Makonde) added by Uhuru Makonde makes it 43.
These distinct languages are composed of people with rich traditions and history that differs from one group to another. They are therefore mini-nations of Kenya. Wangari's word brought a new positive light to these distinct mini-nations by coining the work "micro-nation."
This word "tribe" was invented by European global conquerors in order to make the conquered people feel inferior and less human. The Danish people are about 6 million people. While the Hausa language of Nigeria is spoken by about 15 million people. Why do they say Hausa tribe but Danish people?"
@gatho,
Myself being from the math background, I have a problem. Why micro (10 to negative 6th power) or even mini (small or miniature). How is that descriptive of a tribe or population of primates. Sounds good but meaningless. Or is it just the desire to be politically correct/not hurt people's feelings? One thing I hope we learn from this crisis is that we will learn to call a spade "a spade". I relish the day when referring to ourselves and our neighbors as okuyo, jathe, Kao, kale, mlunye, etc, will be neither condescending nor a form of abuse.
This is a VICTORY for RAILA (the Grappler) and HUMILIATION for Uhuru (the DICTATOR).
And MARAGA the colluder has allowed a petition to stop elections , the ruling to be delivered tomorrow - keeping the script .Maraga rules no elections to be held , MARK MY WORDS!
@Mugi:
The word micro-nation was coined by the first Africa Nobel Laureate winner the late Wangari Mathaai. It is a more positive word than the current emotionally loaded word known as the "tribe." Kenya is made up of 42 distinct languages in addition to the one "Makonde) added by Uhuru Makonde makes it 43.
These distinct languages are composed of people with rich traditions and history that differs from one group to another. They are therefore mini-nations of Kenya. Wangari's word brought a new positive light to these distinct mini-nations by coining the work "micro-nation."
This word "tribe" was invented by European global conquerors in order to make the conquered people feel inferior and less human. The Danish people are about 6 million people. While the Hausa language of Nigeria is spoken by about 15 million people. Why do they say Hausa tribe but Danish people?
EVEN THE SUPREME COURT WOULD THROW SUCH A CASE'
@Che Guevara:
You challenged the use of the word "micro nation." That's okay. However, I sincerely hope that you didn't challenge the use of this word as a mere protest that it was coined by a woman, the late Dr. Wangari Mathaai!
Let me objectively come to her defense on the coining of this objective word! For your information, Dr. Wangari Mathaai education background is very impressive. Her bachelor's, masters,and her doctorate degrees are all in the natural sciences.
Ndugu Che Guevara, let us honor our first African woman to get a Nobel Peace prize the late Dr.Wangari Mathaai by adopting the use of this neutral and objective word
"MICRO-NATION."
Right thing to throw out the case if it was filed in the wrong jurisdiction. The law is the law.