THE SUPREME COURT OF KENYA DEARLY PAYS FOR THE NULLIFYING ALLEGED JUBILEE PARTY 2017 GENERAL ELECTION WIN

Under siege the Supreme Court of Kenya nullifying the 2017 General election has come back to haunt the third Arm of the Government, the Judiciary. PHOTO /CORRESPONDENT

THE SUPREME COURT OF KENYA DEARLY PAYS FOR NULLIFYING ALLEGED JUBILEE PARTY 2017 GENERAL ELECTION WIN

By Chris Ojow

Music is always full of messages and the messages ranges from healings, warnings, inspirations, activisms , motivations, entertainingly , teachings and lastly but not least revengeful.

The Jamaican Reggae legends the Mighty Culture led by the late Joseph Hill, once said and sang in one of his many released albums ” writings is on the wall”.

Not forgetting the great three team of Israel Vibrations with their hard hitting vibes “one day got to be pay day”.

It is no secret and it’s on record that the nullification of the 2017 disputed General election in one of the East and Central Africa Super power Nation Kenya, threats were allegedly issued towards the actions of the Supreme Court of Kenya for alleged wreck less actions .

Without mentioning names for security reasons, the Supreme Court were publicly informed, warned that their wreck less unreasonable and unthinkable action of nullifying the disputed 2017 General election will be revisited and met with fire.

And truly to the threats, the Kenyan Judiciary are now paying back for their alleged expensive actions or sins of nullifying the alleged fairly contested 2017 General election .

Publicly and through a well organised press briefing after the nullification of the 2017 General election, the Kenyan Judiciary were reminded that their alleged, unreasonable and expensive actions will be revisited.

First to prove to the third Arm of the Government that the threats of revisiting was real, their budget was trimmed from over 30 billion to 17 billion, below their day to day operations.

Several of the Judges believed to be Anti State ideas, projects and developments were transfered calculatingly neutralising the Judiciary independence.

And now the much thought of cost cutting the Judiciary budget 17 billion to 14 billion, which if implemented will ground to a halt the operations of the Kenyan Judiciary.

Not forgetting that the Country is on a mission to fight the monster called graft and need the support of the Judiciary in convicting the offenders to end the vice.

The worst of it all is failure by the Executive to Gazette the forty one appointed Judges and Court of Appeal Judges to officially perform their duties.

On allegations by the Executive that the said Judges are tainted and do not deserve to be sworn in but to be prosecuted for their alleged offences, despite the alleged evidences against them being withheld for undisclosed reasons.

And let truth be told without fear or favour , the Judiciary alleged actions of shielding and protecting the Vice President of the Supreme Court of Kenya from being prosecuted with alleged various offences also contributed to their current predicaments of intended cost cutting and slashing of their budget .

The alleged criminal case against the Deputy Chief Justice Philomena Mbete Mwilu was dismissed by a bench on grounds that, the investigating independent institution failed to follow the right procedure in executing their mandate, but not that the offence was never allegedly committed.

Which was later appealed against the ruling by the Director of Public Prosecution, calling for the Vice President of the Supreme Court of Kenya to step aside by virtue of being a State Officer in line to Chapter six of the Constitution of Kenya .

But the same Constitution of the Republic of Kenya also in article 50 protect and advocates for the rights of the accused, not forgetting that it also declares that the suspect /accused is innocent until proven guilty.

The Executive has no powers to overturn the actions of the sitting National Assembly, it is total breach of the law , the Parliament passed the supplementary budget of Judiciary and it is only the Parliament that can reverse their decision and not the Executive through Treasury.

The Executive has no mandate or powers and cannot purport to order the Treasury to go against the decision of the National Assembly, by threatening to trim the Judiciary allocations.

It is no secret that such a dangerous move by the Executive if implemented will slow down the much published ongoing war against Graft in the Country and definitely wreck havoc the economy of the Republic of Kenya.

The Judiciary initially proposed that they be allocated more than 31 billion Kenya shillings, to enable them build more Law Courts within the Country and also use the finance in logistics to reduce the backlog of cases Nationally.

The budgets of the Director of Public Prosecution (DPP) , Director of Criminal Investigations (DCI) and Ethics of Anti Corruption Commission (EACC) was not trimmed, not knowing very well that the three powerful Independent Institutions must work hand in hand with the third Arm of the Government, the Judiciary to win the ongoing war against graft in Kenya .

It is an outright violation of the 2010 new Constitution of the Republic of Kenya by threatening and attempting to freeze the third Arm of the Government funding by scuttling, grounding to a halt their operations which proved to be real .

To settle the thorny financial issue, the Treasury with speed must disburse the pending bills to the third Arm of the Government the Judiciary to enable it function smoothly .

As the High Court of Kenya issued interim orders barring the Executive through Treasury in it’s intended slashing away 3 billion Kenya shillings, from the Judiciary less allocation of 17 billion Kenya shillings only and ordered the petitioner LSK to serve the parties and appear before it on 06th November 2019 at 9.30am East Africa Time .

This is after the Law Society of Kenya (LSK) which has been on the receiving ends for intentionally being dormant and toothless contrary to the previous leadership , was accused by across sections of Kenyans of sleeping on their mandates, filed a petition before a Constitutional Court against the Treasury intended slashing Judiciary budget by 3 billion .

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