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@waikwawanyoike

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Strategic Litigation | Constitutions | Demystifying & democratizing the law.

Joined June 2014
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@waikwawanyoike
waikwa
3 months
How does Ruto unilaterally write the rules of engagement in a situation where he is the offender? This is just nonsensical!
@HusseinMohamedg
Hussein Mohamed, MBS.
3 months
Press Release: The Executive Office of the President outlines the roadmap for the National Multi-Sectoral Forum on Youth Engagement.
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@waikwawanyoike
waikwa
21 days
You cannot beat up (literally) an entire country into silence!
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@waikwawanyoike
waikwa
2 years
One day we will write about how nearly each action Uhuru took to undermine Constitution came back to haunt him. For today, we note that his illegal delay of 3 years in appointing 4 commissioners for IEBC may have ended as an egg in the face for him. Katiba always fights back.
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@waikwawanyoike
waikwa
3 years
This time round, the Constitution will not even need the people to fight for it at a Referendum. The Constitution will fight for itself. That is the power of a transformative Constitution. It knows how to defy the mighty when it matters most. #BBIJudgement #RejectBBI
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@waikwawanyoike
waikwa
6 years
There are a few Kenyans who the country owes so much for their consistent fight against impunity. Dr. Khaminwa is one such Kenyan. He may never get state commendation, but we are all a repository of his commendations. It was a priviledge to work with him in @MigunaMiguna case.
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@waikwawanyoike
waikwa
3 years
This High Court Judgment is the TRUE Constitution moment!
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@waikwawanyoike
waikwa
3 years
It is a Judgment NOT a Ruling. A ruling is decision(s) you get at different stages of a case - judgment is the final determination of a case. And it is judgment, not judgement. Judgment is the decision. Judgement is the evaluative process. #BBIAppealJudgment #BBIRuling
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@waikwawanyoike
waikwa
3 years
Court orders @MigunaMiguna 1. Be issued with emergency travel doc by Kenya Embassy in Berlin in 72 hours 2. Air France to board him upon presentation of travel doc 3. Immigration to allow him enter Kenya using his ID 4. Immigration to issue him passport within 7 days of entry.
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@waikwawanyoike
waikwa
3 months
The step by step on how to recall your MP/MCA
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@waikwawanyoike
waikwa
3 years
With these Judges of the High Court, you are watching the quality of adjudication that a Supreme Court should have. Patriotism. Courage. Intellectual depth. Clarity of purpose.
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@waikwawanyoike
waikwa
3 months
Those planning to recall their MP should study how they are going about it in Kabete Constituency against Githua Wamacukuru. Legal. Methodical. Comprehensive. @NdungiGithuku @KaranjaMatindi
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@waikwawanyoike
waikwa
11 months
A country that remembers Uhuru Kenyatta with any sense of nolstalgia is one that is in dire need of collective and corrective therapy.
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@waikwawanyoike
waikwa
3 years
The irony! Jubilee and @IEBCKenya manipulated 2017 elections. Sen. Orengo led a brigade of lawyers to Supreme Court to formally decry the rigging. Then in 2022, when Sabina Chege confirmed Jubilee manipulated 2017 Elections, Orengo led the same brigade to defend her.
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@waikwawanyoike
waikwa
3 years
A grave injustice of #BBIAppeal is that between Uhuru, Raila, BBI, AG, IEBC and Counties are represented by more than 60 very expensive lawyers who will all be paid by public funds... Yet, the few lawyers representing the People & Katiba are doing this mostly or fully pro bono.
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@waikwawanyoike
waikwa
3 years
Now Kenyans, Go use the energy and time you would have used on referendum to protect the judges... And some, to fight for and protect judicial independence #BBIJudgement #RejectBBI
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@waikwawanyoike
waikwa
3 years
Uhuru Kenyatta thinks he owns people!
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@waikwawanyoike
waikwa
10 months
Yesterday, @WilliamsRuto got standing ovation at @europarl_EN for advocating, among others, a fair global financial regime Today, all leading - nearly all - members of EU voted ag'st Africa's Group Resolution for fair global Tax regime Solidarity is only on speeches not action!
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@waikwawanyoike
waikwa
3 years
How, when did Rigathi Gachagua become a deputy president material? Seriously!
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@waikwawanyoike
waikwa
2 years
Ruto must revoke all the parastatal and other State agency Board appointments that Uhuru/ his executive recently made because they were in violation of the constitution. High Court has already decreed that parastatal jobs must be based on merit and a competitive process.
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@waikwawanyoike
waikwa
2 years
This Rigathi Gachagua tragedy should be a wake up call that we must end the Kikuyunization of our politics which has only been delivering such mediocre leadership for the country.
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@waikwawanyoike
waikwa
21 days
One good thing about taking Adani to Court is that lawyers who have been advising them, including possibly how to circumvent the constitution, are forced to crawl out of the woodwork. No surprise if any of them will be those who holler endlessly about ending corruption, etc.
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@waikwawanyoike
waikwa
2 years
This Martha Karua moment is perhaps a reminder that ultimately, in most critical but hazy moments, it is not where or who you are, it is what you are.
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@waikwawanyoike
waikwa
4 years
You likely don't know who this man is... His name is Abubakar Al-Amudy, Chairman of @savelamu He quietly mobilized a country to block the Lamu Coal Power plant He is a hero to so many of us... A hero to many generations to come Mr. Al-Amudy died this morning. Rest in power!
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@waikwawanyoike
waikwa
10 months
Most failed states don't wake up one day to find they are failed states. They instead start with a blackout here, a blackout there; a roof leak here, a roof leak there. Then they normalize blackouts, roof leaks and massive revenue leaks. Then, mediocrity becomes the normal.
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@waikwawanyoike
waikwa
2 months
Recall window for your MP opened today.
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@waikwawanyoike
waikwa
3 years
Justice Kiage is so right! Lawyers, in public interest cases, have a higher duty beyond the narrow, partisan and selfish interests of their clients. And #BBI case has accurately recorded which lawyers lived this higher duty. #BBIJudgment #BBIRuling
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@waikwawanyoike
waikwa
3 years
Many Kenyans may not know who Isaac Aluochier Polo is. I first met @aluochier in 2012 litigating against abuse of state power. He has been consistent on this, and has litigated many cases to date He exemplifies the model citizen the Constitution has in mind! #BBIAppealHearing
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@waikwawanyoike
waikwa
3 months
If your President only "reflects" and "concedes" after so many people have died and many more injured... And after significant tantrums and chest-thumping. You have no President!
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@waikwawanyoike
waikwa
2 years
You know a country is doomed, if its "platinum" presidential standard is Rigathi Gachagua.
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@waikwawanyoike
waikwa
3 months
If Ruto had an iota of genuineness or decency, he would - by now - have fired the Linturis & all other openly corrupt/incompetent CSs, PSs, advisors and senior appointed government officials. And for that, he does not even need a taskforce or committee, he only needs himself.
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@waikwawanyoike
waikwa
3 years
Remember the names of your Judges Joel Ngugi (Prof.) - Presiding Vincent Odunga Chacha Mwita Jairus Ngaah Teresia Matheka #BBIJudgement #RejectBBI
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@waikwawanyoike
waikwa
3 years
Now you know why Client 13173 is so keen on micro-managing transition and wanted to do a Putin on us through #BBI .
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@waikwawanyoike
waikwa
4 years
Groundbreaking Judgment by Korir J, ordering Nairobi Women Hospital to pay Kshs 3 million for illegally detaining a patient for six months because she could not pay all her medical expenses. The revolutionary impact of the horizontal application of the constitution.
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@waikwawanyoike
waikwa
21 days
On ADANI, a reminder that no public official has the power to contract outside - or contract out or down any element of - the Constitution.
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@waikwawanyoike
waikwa
2 years
Ruto has to be told very early on that the Court is the ultimate authority on what the law is NOT him. Supreme Court said CDF is unconstitutional and any fund run by MPs or defined using constituency boundaries is unconstitutional. No ifs, no buts!
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@waikwawanyoike
waikwa
6 years
High Court in Kenya has suspended implementation of significant aspects of the National Integrated Identification Management Systems - No collection of DNA or GPS info - No one to be compelled to register - No tying services to Huduma Namba - No deadline for NIIMS registration
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@waikwawanyoike
waikwa
11 months
Ruto's imposed trauma on the nation should not delude us to think that solutions for a transformative and progressive future for the nation lie with Raila, Kalonzo or people, who in the last election, equally exposed their depth of incoherence, inconsistency & dysfunctionality.
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@waikwawanyoike
waikwa
1 year
I once asked Pheroze Nowrojee why they kept challenging President Moi's authoritarian actions in Court in the 1990s when it was clear they would loose every time. He said: "For the record! Nothing is more powerful in history than the record." @ochieljd
@gautambhatia88
Gautam Bhatia
1 year
“Not all battles are fought for victory. Some are fought simply to tell the world that someone was there on the battlefield.”
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@waikwawanyoike
waikwa
3 years
The beauty of having appellate judges write individual opinions is that a judge is not able to hide their jurisprudential philosophy and idiosyncrasies. An important aspect and a critical tool of personal accountability for appellate judges... and of record! #BBIRuling
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@waikwawanyoike
waikwa
4 years
Let it be on record that what Nairobi County Assembly has done in vetting and approving Anne Kananu as DG and obviously making her governor - with the urging of Uhuru and Raila - is a constitutional coup.
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@waikwawanyoike
waikwa
3 months
An inconvenient truth: No efforts will free Members of National Assembly (MNA) from Ruto's and executive chokehold unless you take away Constituency Development Fund (CDF) from MPs.
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@waikwawanyoike
waikwa
3 years
Raila really needs clarity and coherence on why he wants to be President!
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@waikwawanyoike
waikwa
2 months
Those who were still holding the thin and slippery thread of "Raila is a reformist" this is your opportunity to cut loose.
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@waikwawanyoike
waikwa
4 years
Approval of BBI Bill by County Assemblies does not diminish the facts - BBI process has been unconstitutional from the start - Uhuru & Raila have bribed & bullied their way this far - The true intention of BBI is to perpetuate Kenyattas over everything else Be woke! #LindaKatiba
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@waikwawanyoike
waikwa
3 years
Former Chief Justice @WMutunga to travel to Canada, in order to accompany @MigunaMiguna back to Kenya on Nov 16, 2021. This is also part of his campaign to insist that Court orders must be respected!
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@waikwawanyoike
waikwa
2 years
A Presidential Petition is one of our strongest tools of helping strengthen our Constitution and affirm its institutions. It is also a great opportunity for constitutional education and fostering accountability. It is truly welcome.
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@waikwawanyoike
waikwa
2 months
Hi @edwinsifuna , Where are we on your promise to recommend initiation of recall for ODM MPs who voted "Yes"?
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@waikwawanyoike
waikwa
2 years
I hope that the critical lesson that Ruto takes away from today is the importance of protecting and strengthening independent institutions - and why fidelity to the constitution really matters. Because, his performance in the past with Uhuru on this score, shows otherwise.
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@waikwawanyoike
waikwa
3 years
In Moi's time, many GEMA elites vehemently opposed Moi and were idolized as democracy "heroes". Kibaki & Uhuru showed up & the "heroes" became their biggest facilitators of oppression. Their problem with Moi was the tribe, not values. #BBI is another such unveiling moment!
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@waikwawanyoike
waikwa
2 years
I have always worked closely with @JulieSoweto . I worked with her in 2017 when we filed and argued a Petition after the fresh Oct 26th election among many other cases. To me, Julie is one of the finest, most professional, brilliant and conscientious lawyer I know. Respect!
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@waikwawanyoike
waikwa
2 months
Raila - at the most critical hour - betrayed the Generation that would have kept the last live record of and perpetuated his (contested) narrative of greateness.
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@waikwawanyoike
waikwa
1 month
One Kenyan, @MoraraKebasoSnr , is doing (with utter perfection) what you pay Bunge, @EACCKenya , @DCI_Kenya , @ODPP_KE to do and fail miserably. And he is doing it with no sitting allowance, no bench-marking tours, no entourage, no hangers on and bodyguards, no goons, no kickbacks.
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@waikwawanyoike
waikwa
3 years
The judges of the Court of Appeal have outdone themselves. But let history never forget that the tempo of courage was set by the Bench of five High Court judges. The country owes CoA judges gratitude. The country owes High Court five honour! #BBIJudgment #BBIRuling
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@waikwawanyoike
waikwa
4 years
It is that CRITICAL MOMENT when CJ Maraga deserves strong support for calling out Uhuru's tyranny of lawlessness. "the govt cannot demand of its citizens observance of rule of law, which itself is violating with great abandon" - @dkmaraga
@citizentvkenya
Citizen TV Kenya
4 years
CJ, Maraga: The refusal of the President to appoint the 41 judges, was a grave violation of the constitution
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@waikwawanyoike
waikwa
4 years
Another landmark decision from the High Court in Nairobi today. The Court has ordered MPs to refund excess monies they paid themselves in house allowances contrary to the rates established by the Salaries and Remunerstion Commission.
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@waikwawanyoike
waikwa
2 years
Really disturbing that @FredMatiangi and @mucheru - the most consequential CSs in Aug election - get to attend and get front row seats in a partisan coalition party event.
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@waikwawanyoike
waikwa
2 years
The scariest thing for me about Rigathi Gachagua is that the country might have just signed itself up to twenty (20) years of chaos, dysfunctionality and mediocrity! 20 years - TAFAKARI.
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@waikwawanyoike
waikwa
4 years
In #Malawi , the Constitutional (High) Court Judges who initially nullified Peter Mutharika's election, had to wear bulletproof vests. Despite the intimidation, threats and attempted bribery, they stood on the side of truth and the law. Courage of principle!
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@waikwawanyoike
waikwa
6 months
We need a legal framework to guide and circumscribe the mandate and activities of the Office of the First Lady. It is unconscionable, for the First Lady to continue to use public resources and public goodwill to feed her idiosyncratic and misplaced dogmatic obsessions.
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@waikwawanyoike
waikwa
3 years
Delighted to be admitted as a Barrister for England & Wales by Gray's Inn. Grateful to family, friends, comrades, communities and colleagues who have supported & helped shape my legal career this far.
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@waikwawanyoike
waikwa
4 years
Basic criminal law fact relevant to DJ Evolve A criminal prosecution is not a dispute between an accused & the victim, it is a dispute between the state and the accused, because of the great public interest the public has to ensure those who commit crimes are held to account.
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@waikwawanyoike
waikwa
1 month
Ruto's endless campaign-style approach to handling the national crisis the country is in is your evidence that he is incapable of governing. Because campaigns are about lies and half truths - expecting euphoria. But the country seems grown up for euphoria.
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@waikwawanyoike
waikwa
2 years
Reading WSR's speech at the inauguration of the 13th Parliament today - one does get the sense that there is a lot of serious, coherent and deep thinking happening. That is a good thing.
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@waikwawanyoike
waikwa
3 months
This is to appreciate @JamesKWaNjeri for his leadership in defending Art. 37 & 49 rights - freedom to demos & rights of those arrested. Not to forget that James is one of the most brilliant labour & employment lawyer the country has. Keep the faith!
@JamesKWaNjeri
🇰🇪 James WaNjeri
3 months
After all is said and done, all will be said and all will be done. This is our home, the only home we have so we must do everything to protect it. Uphold the Constitution
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@waikwawanyoike
waikwa
4 years
#BBIReport intended creation of position of JUDICIARY OMBUDSMAN, nominated & appointed by the President, is the SNEAKIEST way to take away all the independence of the judiciary. The effect is to give President singular control on the discipline & removal of judges. #RejectBBI
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@waikwawanyoike
waikwa
3 years
As we celebrate & thank those who so vigorously defended #BBIJudgement at Court of Appeal, let us also DEMAND the immediate appointment of Judges Joel Ngugi & George Odunga, punished by Uhuru for affirming the authority of Katiba. ... as well as their 4 other colleagues.
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@waikwawanyoike
waikwa
11 months
I don't understand. Kamau Thugge was UhuRuto's PS at Treasury, then Ruto's economic advisor before becoming CBK Governor. When did he learn KES was overvalued? Why did he let his boss go around town endlessly promising how KES would come down "next week"? Or did he not?
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@waikwawanyoike
waikwa
3 years
Dr Khaminwa is a national treasure. The go-to-person for advice on issues of principle because his opinion will not be tainted by selfish personal political interests or coloured by narrow prism of cheap ethnic considerations. Uhuru tantrums towards him are unacceptable.
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@waikwawanyoike
waikwa
3 months
To think that the country had to endure a by-election to allow @kipmurkomen to be CS, makes it even more aggravating.
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@waikwawanyoike
waikwa
3 years
Only @WilliamsRuto is missing out of this picture, and it would be a complete collage of our national tragedy of obsession with mediocrity and smallness of vision.
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@waikwawanyoike
waikwa
2 years
Compounding CAS illegalities... Joseph Kinyua (and the Presidency) asked @PSCKenya to create ONLY 23 CAS positions. How @WilliamsRuto and @PSCKenya ends up with a list of 50 shows the additional depth of self-entitlement and the spite they have for the law and the people.
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@waikwawanyoike
waikwa
2 months
The answer to this question is "Yes", @KIMANIICHUNGWAH . All laws passed by 13th Parliament are unconstitutional since Bunge itself is unconstitutional because of its failure to meet two-third gender composition and to pass the requisite law. It should be dissolved.
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@waikwawanyoike
waikwa
2 years
Kenyans, now our true dilemma moment. WSR wins and - because Azimio as a party was always a lie - it disintegrates within days & we have no functional opposition. Unrestrained UDA & WSR is not good for Kenya. Azimio wins & we have the most incoherent & dysfunctional government.
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@waikwawanyoike
waikwa
1 year
For me, the public revolt against Ruto's Housing Fund is less about housing but more about a public saying no to the patronizing, arrogant & entitled attitude of Ruto & those around him. It is about the public saying... "you said you have shareholders; go to them for money now".
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@waikwawanyoike
waikwa
2 years
Azimio is the de jure (by law) Majority Party. Kenya Kwanza is de facto (by fact) Majority Party. But what matters for the Speaker's Ruling for now is de jure status. But Azimio should still be reminded that it got us into this mess when it illegally amended Pol Parties Act.
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@waikwawanyoike
waikwa
2 years
A reminder to @WilliamsRuto : Chief Administrative Secretary (CAS) is unconstitutional.
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@waikwawanyoike
waikwa
2 years
I cannot figure out what is more spiteful; - the arrogance and audacity to nominate 50 CAS, or; - having the likes of Ngunjiri, Kidero, Omanga, Tunai, Maangi, Cate Waruguru and Bishop Wanjiru on that list.
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@waikwawanyoike
waikwa
3 months
A crisis of this magnitude and no one has resigned yet. It tells you it is mostly not about service, it is about maintaining a rigged lifestyle that they cannot afford elsewhere. The more reason nearly all senior public servants must go.
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@waikwawanyoike
waikwa
2 years
It is important to put it on record: Kihara Kariuki as AG, failed in his basic duty to protect Katiba & the public interest; gleefully undermined the rule of law & was unashamedly partisan. Next AG must be a wo[man] ready to say no to Ruto when it is necessary to secure Katiba.
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@waikwawanyoike
waikwa
2 years
6.44am: Rais @WilliamsRuto is on the Nbi Expressway from his UNGA. Police have blocked the Mombasa Road (only the lower Road) Westbound to City including for pedestrians. @IG_NPS - what kind of vodoo policing is that? Why do we have so much contempt for the people?
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@waikwawanyoike
waikwa
4 years
Felicien Kabuga arrested 26 yrs later A REMINDER to those who gleefully contravene the law with impunity & serially ignore Court Orders because they enjoy political patronage.. Rule of law and Court Orders, unlike political patronage, are NOT PERISHABLE
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@waikwawanyoike
waikwa
2 years
In the end, I think, it will all be about the credibility of Forms 34A that travelled by road.
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@waikwawanyoike
waikwa
2 years
A unanimous judgment of the Court - read entirely by the Chief Justice - has significant symbolic and political significance and impact.
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@waikwawanyoike
waikwa
3 months
How can those who are part of the problem be the one to rescue Kenya @edwinsifuna ? ODM and its current leadership - which believes only in transactional politics - is also part of the problem.
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@waikwawanyoike
waikwa
2 years
It is a shame, a real shame, that in 2023 - and with such a progressive Constitution - we have people in government, including @WilliamsRuto , who believe that the state should be run by two communities: the Kalenjins and Kikuyus. Just primitive!
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@waikwawanyoike
waikwa
3 years
Justice Makau has nullified sections of Exec Order No.1 of 2020 that purported to place Judiciary, Tribunals, Commissions & independent offices under the Executive & ordered AG to pay costs. Is there any professional pride left for AG Kihara Kariuki & lawyers who work under him?
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@waikwawanyoike
waikwa
17 days
For lawyers & others who have been misadvising GoK on contract negotiations... Private law is not the controlling law in negotiating public contracts. The constitution and public law is the controlling law. So, please do not tell us about non-disclosure agreements (NDAs), etc.
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@waikwawanyoike
waikwa
1 month
The starting point is that the President’s Council of Economic Advisers is an illegal and illegally constituted body.
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@waikwawanyoike
waikwa
3 years
That our political spaces still find Moses Wetangula politically "relevant" must be the greatest mystery of our times!
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@waikwawanyoike
waikwa
2 years
This is unconstitutional! But most disturbing is that it seems @WilliamsRuto thinks he is a constitutional trinity. Ruto the executive. Ruto the judiciary. Ruto the legislature.
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@waikwawanyoike
waikwa
3 years
I never get it how some people's career is just about being perpetual presidential candidates. Mostly nothing else. That's it!
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@waikwawanyoike
waikwa
4 years
Advisory Opinion filed today at Supreme Crt by Makueni Governor @governorkibwana asks 2 key Qs: 1. Can a Bill to amend the Const contain more than ONE issue 2. Can national/county govt or state officers use popular initiative route & public resources to amend Const #LindaKatiba
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@waikwawanyoike
waikwa
2 years
Uhuru seems to have ultimately found a copy of the Constitution.
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@waikwawanyoike
waikwa
3 months
Please remember that @HonWetangula has the first and critical obligation of protecting the independence and integrity of National Assembly in line with the principle of separation of powers. He has failed terribly!
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@waikwawanyoike
waikwa
3 months
To be sure, Ruto had at least 3 legal pathways to achieve what he seeks to do with the constitutionally exposed debt taskforce. But he chose an unconstitutional option, and - when the Court ultimately tell him he was wrong - he will blame it all on the Courts.
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@waikwawanyoike
waikwa
3 years
High Court has - in a case filed by @katibainstitute - declared that the 6 Judges left out of appointment by Uhuru are: 1. DEEMED appointed judges of the respective Courts they were nominated to. 2. Judges to be appointed in the presence of Chief Justice. @ochieljd
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@waikwawanyoike
waikwa
2 years
Good Affidavits are about good and comprehensive story telling. And well drafted affidavits - that use unexcitable, calm and non-combative language - add so much credibility to their content. Chebukati, his team and his drafters understood that well.
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@waikwawanyoike
waikwa
2 years
As you watch Supreme Court & reflect on consequential work @Kenyajudiciary has done in the last 12 years in helping protect & preserve Katiba.. Remember, Bunge has kept Judiciary budget stagnated at 17/18B since 2013 when its own budget has quadrupled. Remind your new MP this.
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@waikwawanyoike
waikwa
3 years
Just so that Martha Koome knows, this is not how leadership looks like.
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@waikwawanyoike
waikwa
2 years
It is highly inappropriate, arrogant and entitled for @WilliamsRuto to refer to Petitions by other Kenyans as "surrogate petitions". The Constitution allows any "person" to file a petition to challenge the election of president-elect.
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