I admire your augment. I have listened to u Sir, again & again. When u were AG i was prejudiced against u due to the way u came to office. But now, i see u are one of the best minds we have in Kenya. May u live long enough to avail our country such brilliant case augments.
A rational mind with in-depth articulation of law. There is no theoretical fundamentals that restraints any Kenyan so much so the president to initiate a constitutional amendments. The best legal philosophical mind we have in Kenya others are just followers...go on prof
@kariuki say you don't understand constitution and if these upcoming lawyer are the one we I'll rely on, then Kenyan I'll be deep problems!.. Article 255, 257 is very Clear on amendment. What is outside the law Uhuru has done??... Or anybody iebc??….. Just supporters of RUTO!...
@@thomaskamusina4331 come on you have no shame: where is Ruto coming from? I really don’t care and I don’t even vote but this corrupt government has been exposed: why is someone coming to the end of his term care about constitutional change?
@@kariu914 its not constitutional change why the are you in fear.. If kariuki you're not bidding something out of good Will, then tell us anything wrong but not disregard like ruto who after messing everything, he is now no where to support initiative for people who given point on devolution, and how governors should led us.
@@thomaskamusina4331 aiii bwana what did Ruto do? Uhuru is on record saying this is a constitutional moment: he said that This BBI is just a tool to reach that objective:
Did he just say you cannot ammend the independence of the judiciary?? Yet bbi seeks to give the president the powers appoint a prefect over the courts. Bure kabisaa
I have listened and read the comments almost to entirety and I realize that you are only person who have unfolded the imperfection of the ex-AG. A mass of people have been swayed by the sweet sensational argument the the SC presented on the floor . Kudos! Continue listening more than you speak By ex-president Lions High School Ksm. Frankeinstein...
How can you agree on anything when the appellants want to entrench LAWLESSNESS through political IMPUNITY & the respondents want to UPHOLD law & order & ACCOUNTABILITY among the political elite? For sure Darkness & Light can not agree in such a case.
Handshake-BBI-Nation is real Kenyan life and BBI is to enrich the good constitution in equal service delivery and promote real development inclusion in the Republic.
That why is BBI going for referendum! we must have dividend opinion so we can say yes or no.. I here people say people said. who're people saying No?. Many says yes! So let go to referendum!...
@@thomaskamusina4331 funny how you're thinking if bbi popular, wajinga waliisha kenya hazitusaidii na any ni yao kuongezea sahani kubwa wakule kabisa sasa. 5 executive positions won't solve inclusivity unless you make an executive position ya kila kabila.
@chisha so you don't understand the basics of the law that why you don't understand my opinion. If you can have simple arithmetic of the article we're talking about, then you could max my opinion.
@@thomaskamusina4331 the same question could be posed to you, who are these "many people" saying yes? Why should we believe your unverified "statistic"?
I know that Kenya needs a different political structure because of the many tribes. We adopted a democratic system that only works for homogeneous cultures like Germany, Korea, Britain, France etc. without tribal issues. We should adopt the European-Union type of structure where presidency is rotated between member states on yearly basis. European Union has its 30 members swapping the presidency every other year. We could let the counties swap the presidency in 2-year terms. The other option is to divide the country into Azimio and Kwanza territories. The central part with Central and Rift Valley would remain as “Kenya” and the Azimio blue region would be “Greater Kenya” with its capital in Mombasa or Kisumu. These are the two systems that could solve the Kenyan problem. Raila did not lose the elections in 2013, 2017 and 2022. In 2022 the election was rigged for Ruto. Since 2002, I have noticed that the candidate that is displayed mostly in lead during the slow national tallying process ends up winning. This reveals the rigging process in the making. This phase prepares people to start accepting the result. It is slow because calculations are done in the background to create the notion that the leading candidate has more votes from all over the country. Stagnation comes at the end when it is essential to force numbers to add up.
@@jamesndungu5427 The Supreme Court confirmed that the election was rigged, by asking why the display of tallies was stopped towards the end, why the 4 commissioners walked out, finding that Chebukati was not entitled to do what he did, etc. all these are what entail RIGGING, especially when the winning margin is so small. So, I am saying nothing but the naked truth. Ruto just became president because the petitioners were negligent about bringing numbers to support their case. To rig this election, the KIEMS kit just needed to be programmed to reduce the number of TURNOUT by 6 voters per polling station. Nobody looked at the algorithm operating the KIEMS kit, to find out how it was programmed. They believe the output of the kit as if it was not programmed by human. Azimio did not have agents in Central Province and Rift Valley. They used Jubilee agents most of whom were familiar with UDA counterparts. So, given the money Ruto and UDA had at disposal and knowing Jubilee agents so well, there was enough space and opportunity to rig. So, the small margin minus rigging opportunity signal victory for the rival whose agents are not on site.
There are no initiators in a popular initiative. Such a title doesn't exist in the constitutional clauses for amendment. There are only "promoters" and "supporters". Your comment is therefore unconstitutional. But you are at liberty to review it so as to make it "constitutional and fit for public consumption"!
Bwana Muigai.... You say we look at what Parliament is saying. Well, that has never been enough. That is why we have rules of interpretation. There are times when it is impossible to say what exactly legislators are saying, and then you have to ask yourself what they ought to have said, or what they could have said. Lastly, dear Bwana Muigai, no constitution is ever perfect, nor complete. It is upon the judges to fill the lacunae. On weak and good lawyers, that is purely a matter of opinion. Many do not like how words erupt from your mouth, your shouting and forcefulness (not persuasion).
Githu is right and you are wrong. He is saying, "look at Parliament", and in effect, he is saying look at the law as it is. Judges have no right to overlook an existing law or set of laws , which are complete and adequate and then turn to their own interpretation in the name of an undefined lacuna. Lacuna rule only comes into effect when the matter at hand is not adequately covered in law. Judge Kiage tried to confuse everyone over Article 257 and it had to take the mercurial Otiende Amollo to demonstrate to him that the clauses 255, 256 and 257, read together are complete and adequate. I do not want to imply improper motives on the part of the Judge, but I fail to understand how a Judge of the Court of Appeal can be ignorant of how Articles 255, 256 and 257 are applied. There is no lacuna of any kind in this case. The only lacuna and gaps in this matter are found in the heads of incompetent Judges like Justice Kiage!
Hawakosangi kila kabila pia western kuna wale watachagua ruto, it's a good thing for people to be independent, at the end of the day it's a game of numbers
You don't sound intelligent at all, do you? Do you know the monetary size of Kenya's budget? Any idea how much of it is funded by taxpayers money? Do you know how much money has gone into funding BBI activities up to now? If you know then compute the ratio, after which we can have a serious debate.
THIS GITHU IS A VAGUE'- LEARNED FRIEND WHO FAILED BADLY DURING HIS TENURE AS AG.HE IS NOW ASKING US IF THERE IS ANOTHER CONSTITUTION OUTSIDE THE CONSTITUTION AS HIS COUNTERPART UHURU ASKING US WHAT TO DO WITH HIS GOVERNMENT THIEVES!., YOU OLD, MAN WE HAVE NO ANSWER TO YOUR SILLY QUESTION!.YOU ARE A LAWYER TELL US!.YOU ARE PUTTING YOUR CREDENTIALS INTO QUESTION.
I admire your augment. I have listened to u Sir, again & again. When u were AG i was prejudiced against u due to the way u came to office. But now, i see u are one of the best minds we have in Kenya. May u live long enough to avail our country such brilliant case augments.
If you don't agree on anything then stop the process. It's not needed.
Simple 🤷♂️
It is needed thats why they are there please stop the tomfoolery
@@billwill2210 not needed.. And if you are right then not urgent!
The opponents of BBI should not fear. Bring on BBI on the floor, let kenyans decide. In my view it is a very progressive document.
But it doesn’t work like that: the very key issue at the courts. Process must be followed.
It aint progressive at all
Go claim your fees if you can see progressiveness
wow...wonderful presentation Githu
one of the greatest former attorney general Kenya has ever had
A rational mind with in-depth articulation of law. There is no theoretical fundamentals that restraints any Kenyan so much so the president to initiate a constitutional amendments. The best legal philosophical mind we have in Kenya others are just followers...go on prof
I love githu muigai sooooo much
Githu is an intelligent individual 👌
great submission by SC Githu
What a bright lawyer. I miss him as AG, and will always remain the GOAT.
Why should we agree on illigalities
Admire the conviction with which the learned friend is presenting his points.
We are tired of this failed goverment.period.hio kizungu mingi ikae kando we need somebody to step down .
Look at you now
Yes Mr. Muigai: because BBI is unconstitutional.
😂😂😂😂
@kariuki say you don't understand constitution and if these upcoming lawyer are the one we I'll rely on, then Kenyan I'll be deep problems!.. Article 255, 257 is very Clear on amendment. What is outside the law Uhuru has done??... Or anybody iebc??….. Just supporters of RUTO!...
@@thomaskamusina4331 come on you have no shame: where is Ruto coming from? I really don’t care and I don’t even vote but this corrupt government has been exposed: why is someone coming to the end of his term care about constitutional change?
@@kariu914 its not constitutional change why the are you in fear.. If kariuki you're not bidding something out of good Will, then tell us anything wrong but not disregard like ruto who after messing everything, he is now no where to support initiative for people who given point on devolution, and how governors should led us.
@@thomaskamusina4331 aiii bwana what did Ruto do? Uhuru is on record saying this is a constitutional moment: he said that This BBI is just a tool to reach that objective:
Did he just say you cannot ammend the independence of the judiciary?? Yet bbi seeks to give the president the powers appoint a prefect over the courts. Bure kabisaa
I have listened and read the comments almost to entirety and I realize that you are only person who have unfolded the imperfection of the ex-AG. A mass of people have been swayed by the sweet sensational argument the the SC presented on the floor . Kudos! Continue listening more than you speak
By ex-president Lions High School Ksm. Frankeinstein...
Exactly as government the way they are not agreeing with citizens
Githu Muigai is the ultimate lawyer
These time out you will know why wanjiku is powerful than you
Absolutely
He won the case.
And guess what, he also represented the IEBC and won the case.
He is a sharp mind
Lol... You thought
Prof Githu is very brilliant lawyer. In ICC case he was very great
Great presentation there as ussual
Every lawyer with a strong point
How can you agree on anything when the appellants want to entrench LAWLESSNESS through political IMPUNITY & the respondents want to UPHOLD law & order & ACCOUNTABILITY among the political elite?
For sure Darkness & Light can not agree in such a case.
Professor Githu Muigai is a professional and competent lawyer, going by the argument above in the court of appeal.
Murkomen is not.
Umewezwa leo.
The confusion comes from the side you represent... a document to concentrate power in a few people's hands packaged as a saviour to citizens.
Am happy that the verdict been pushed to August 20th, nice delay tactics
No worries honey,, we will wait even if it means for eternity
Handshake-BBI-Nation is real Kenyan life and BBI is to enrich the good constitution in equal service delivery and promote real development inclusion in the Republic.
Why would you go to look for spirit of the Constitution when you have THE constitution?
Now how did this turn into a good lawyer, bad lawyer Submission Senior,
By studying law for decades and perfecting it
He won the case. Does that make him a good lawyer?
Referendum is the only tie breaker full stop..those that are opposing think that they are the people so is to us that are supporting Wacha debe iamue.
Its clear you did not listen to the respondents
Wakenya wengine akili sijui ilienda wapi, people in government are looting money daily,vitu zimepanda tena watuongezee mps,n senators,
@@theafricandishes8046 some people dont seem to think beyond. Ni kama hawajui how government and economy relates
Theory theory indeed
I see why this guys get paid a lot of money.
Am sure former ICC prosecutor Moreno Ocampo and Bensuda will be agreed with you.
Just bcoz the BBI is not genuine
I see why he resigned from Uhuru government.
"we don't seem to agree on anything" Githu. BBI itself was Meant to divide the people of Kenya. Can two walk together unless they are agreed?
That why is BBI going for referendum! we must have dividend opinion so we can say yes or no.. I here people say people said. who're people saying No?. Many says yes! So let go to referendum!...
@@thomaskamusina4331 they should follow the law hapa sio ug
@@thomaskamusina4331 funny how you're thinking if bbi popular, wajinga waliisha kenya hazitusaidii na any ni yao kuongezea sahani kubwa wakule kabisa sasa. 5 executive positions won't solve inclusivity unless you make an executive position ya kila kabila.
@chisha so you don't understand the basics of the law that why you don't understand my opinion. If you can have simple arithmetic of the article we're talking about, then you could max my opinion.
@@thomaskamusina4331 the same question could be posed to you, who are these "many people" saying yes? Why should we believe your unverified "statistic"?
Who is this my lord
Law terms 🤦♀️
😂😂😂
😂😂😂😂
I know that Kenya needs a different political structure because of the many tribes. We adopted a democratic system that only works for homogeneous cultures like Germany, Korea, Britain, France etc. without tribal issues. We should adopt the European-Union type of structure where presidency is rotated between member states on yearly basis. European Union has its 30 members swapping the presidency every other year. We could let the counties swap the presidency in 2-year terms. The other option is to divide the country into Azimio and Kwanza territories. The central part with Central and Rift Valley would remain as “Kenya” and the Azimio blue region would be “Greater Kenya” with its capital in Mombasa or Kisumu. These are the two systems that could solve the Kenyan problem. Raila did not lose the elections in 2013, 2017 and 2022. In 2022 the election was rigged for Ruto. Since 2002, I have noticed that the candidate that is displayed mostly in lead during the slow national tallying process ends up winning. This reveals the rigging process in the making. This phase prepares people to start accepting the result. It is slow because calculations are done in the background to create the notion that the leading candidate has more votes from all over the country. Stagnation comes at the end when it is essential to force numbers to add up.
what are you saying?
@@jamesndungu5427 The Supreme Court confirmed that the election was rigged, by asking why the display of tallies was stopped towards the end, why the 4 commissioners walked out, finding that Chebukati was not entitled to do what he did, etc. all these are what entail RIGGING, especially when the winning margin is so small. So, I am saying nothing but the naked truth. Ruto just became president because the petitioners were negligent about bringing numbers to support their case. To rig this election, the KIEMS kit just needed to be programmed to reduce the number of TURNOUT by 6 voters per polling station. Nobody looked at the algorithm operating the KIEMS kit, to find out how it was programmed. They believe the output of the kit as if it was not programmed by human. Azimio did not have agents in Central Province and Rift Valley. They used Jubilee agents most of whom were familiar with UDA counterparts. So, given the money Ruto and UDA had at disposal and knowing Jubilee agents so well, there was enough space and opportunity to rig. So, the small margin minus rigging opportunity signal victory for the rival whose agents are not on site.
If we can't change independence of judiciary why then..they want to bring abousmanism
Uhuru n Raila initiate BBI not junet or waweru
There are no initiators in a popular initiative. Such a title doesn't exist in the constitutional clauses for amendment. There are only "promoters" and "supporters". Your comment is therefore unconstitutional. But you are at liberty to review it so as to make it "constitutional and fit for public consumption"!
What are you talking about?? Please go home and wait for the verdict Githu!!
na hizi vitabu mingi hivi ni za nini ????????😂
Vitabu kama register ya hell & heaven. Walete niwashie jiko nipike chapo ziwapee pesa ya budget.
🤣🤣🤣
Upuzi tu za kuboresha ujinga
Give us a break my friend,,,,enjoy ur retirement peacefully
Don DESERVE THE POST.GOVT LEGAL OFFICER
🤔🤔🤔🤔
Hapa ni pesa ya wananchi inaenda,
Kalale
Gthui umepata wezako werevu kukuliko, just go home wachia young generation ikutie Schule
Who really is smart here?
The young ones or the former AG?
CITIZEN TV ZORA
Sasa Unataka Kulia 😅🤣😂😂
When Prof wobbles as he is doing you know it is a hard sell. He is usually better than this.
Bwana Muigai.... You say we look at what Parliament is saying. Well, that has never been enough. That is why we have rules of interpretation. There are times when it is impossible to say what exactly legislators are saying, and then you have to ask yourself what they ought to have said, or what they could have said. Lastly, dear Bwana Muigai, no constitution is ever perfect, nor complete. It is upon the judges to fill the lacunae. On weak and good lawyers, that is purely a matter of opinion. Many do not like how words erupt from your mouth, your shouting and forcefulness (not persuasion).
Hta akipiga kelele kama ni ukweli itabakia ukweli hii katiba hatukuzaliwa nayo tulibadilisha na bado tutarekebisha alaaa
Githu is right and you are wrong. He is saying, "look at Parliament", and in effect, he is saying look at the law as it is. Judges have no right to overlook an existing law or set of laws , which are complete and adequate and then turn to their own interpretation in the name of an undefined lacuna. Lacuna rule only comes into effect when the matter at hand is not adequately covered in law. Judge Kiage tried to confuse everyone over Article 257 and it had to take the mercurial Otiende Amollo to demonstrate to him that the clauses 255, 256 and 257, read together are complete and adequate. I do not want to imply improper motives on the part of the Judge, but I fail to understand how a Judge of the Court of Appeal can be ignorant of how Articles 255, 256 and 257 are applied. There is no lacuna of any kind in this case. The only lacuna and gaps in this matter are found in the heads of incompetent Judges like Justice Kiage!
Pokot * - Pilot
Gethu please you are a prof.who can lie our courts had wisdom to advise how to deal with search matters but you are so low in this matter.
Comical SC Githu.
🤣🤣🤣🤣🤣🤣🤣🤣🤭🤭🤭🤭
Struggling to support
poor lawyers
BBI yes
Kinembe ya kuku wewe..
BBI No.
mundu wa nyumba hao niwora
Hawakosangi kila kabila pia western kuna wale watachagua ruto, it's a good thing for people to be independent, at the end of the day it's a game of numbers
@@zakkan9474 my ribs... Lmfao
Why is he wearing that stupid colonial white wig?
Why are you commenting using that "white language"?
How comes you Uhuru are not working on getting the citizens Covid vaccinations yet all tax payers money is been put or invested in the BBI?
You don't sound intelligent at all, do you? Do you know the monetary size of Kenya's budget? Any idea how much of it is funded by taxpayers money? Do you know how much money has gone into funding BBI activities up to now? If you know then compute the ratio, after which we can have a serious debate.
THIS GITHU IS A VAGUE'- LEARNED FRIEND WHO FAILED BADLY DURING HIS TENURE AS AG.HE IS NOW ASKING US IF THERE IS ANOTHER CONSTITUTION OUTSIDE THE CONSTITUTION AS HIS COUNTERPART UHURU ASKING US WHAT TO DO WITH HIS GOVERNMENT THIEVES!., YOU OLD, MAN WE HAVE NO ANSWER TO YOUR SILLY QUESTION!.YOU ARE A LAWYER TELL US!.YOU ARE PUTTING YOUR CREDENTIALS INTO QUESTION.
1 yr after,,, any comment?
Was he right?
this guy is so confused that its appalling.
Any comment after this sharp mind convinced the court that BBI was an illegal document?
You speak awkwardly prof go and rest
Why should we agree on illigalities