Exiled lawyer Dr Miguna Miguna has torn into the people threatening Chief Justice David Maraga on his decision on Parliament Dissolution.
Taking to his official social media accounts, Miguna said that the people threatening CJ Maraga do not understand the Constitution or applicable law.
According to his twitter post on Tuesday night, Miguna said that there are valid court orders issued after the two thirds gender rule had been litigated all the way to the Supreme Court.
Miguna went ahead noting that, filing a case to relitigate the issue would be struck out because it would be RES JUDICATA (a matter already settled by judgment), it would be a collateral attack on the valid Orders and the petitioner would be suing the CJ who isn’t a party.
“Filing a case to relitigate the issue would be STRUCK OUT on 3 grounds. First, it would be RES JUDICATA (a matter already settled by judgment). Second, it would be a COLLATERAL ATTACK on the valid Orders. And third, the petitioner would be suing the CJ who isn’t a party ,”tweeted Miguna.
Filing a case to relitigate the issue would be STRUCK OUT on 3 grounds. First, it would be RES JUDICATA (a matter already settled by judgment). Second, it would be a COLLATERAL ATTACK on the valid Orders. And third, the petitioner would be suing the CJ who isn't a party.
— Dr. Miguna Miguna (@MigunaMiguna) September 22, 2020
This comes after Maraga advised President Uhuru Kenyatta to dissolve Parliament for failing to implement the two-thirds gender rule.
However, some Senetors said that Article 216(6) requires an order to be issued before the clause(7) is invoked.
Anonymous says
MM …Kenya need a learned person like you to steer us forward…….kenyan hustlers who will form next goverment should include you in leagal area……
Anonymous says
we need person of your calibre in goverment…..most of sycophant lawyers are bashing CJ Maraga……one wonders why people go to school if they think like wambugus,junnet,
Anonymous says
,,,we need person of your calibre in goverment…..most of sycophant lawyers are bashing CJ Maraga……one wonders why people go to school if they think like wambugus,junnet,…an like of makkau muttua who are supporting dictatorships just foe self benefit……free freebies….shenzi
Anonymous says
…atwwoli of big head full of busaa has not commented on CJ action…..is legal ,education dwarf…..mdomo pekee
Anonymous says
some dynasties that blocked hustler when went to see ailing Nyayo are political dwarf outside their village…….see below
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Rutto/Gideon forming alliances just to fight one of their own in the name of DP Ruto….They keep on baby sitting Gideon…can they convince him to appear just in one of Jeff Koinange shows and they will witness the kind of fellow they are proposing as a leader..Gideon can hardly express/articulate a single issue coherently whether in kikalenjin/kiswahili or in English…he hardly talks in Senate and when he does its never more than 3mins unless its written and in English for that matter..
Anonymous says
Its nice to educate these booby educable who ended up going through schooling but ended up with uji faculties.
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