On the edge of disaster; row risks escalating to dangerous levels as Judiciary takes Executive head on

The most spectacular incident of an all out war between different arms of the same government was without a doubt captured and immortalised by the iconic and memorable images of Russian tankers and paratroopers laying siege of the Russian parliament in 1993, with the bombed parliament in smoke after the President, Boris Yelstin, sent his military to attack, justifying this with the results of a referendum he had organised to squash a decision by the parliament to impeach him.


Although Kenya won’t probably find itself in such extremes, the similarities, especially with the presence of a referendum, is scary.


Hours after President Uhuru Kenyatta’s brazen and open attack on the Judiciary, the courts have take the tussle a notch higher to a different level with a stern warning of their own aimed at the Executive.
During the Madaraka Day celebrations at the Jomo Kenyatta International Stadium in Kisumu, the president, in his most scathing attack his the decision of the High Court to suspend hearings, issuing a chilling threat to the Judiciary, warning them that he had just about had it with them testing the constitutional limits.


The Court of Appeal President Daniel Musinga has now come out fighting. Yesterday, he began his stance with a warning shot to all counsels and parties involved in the Building Bridges Initiative (BBI) appeal case.


He, during the Court of Appeal case management conference, advised against indignity and prosecuting the BBI case in the media, while asking the involved parties to allow the court to make a fair and properly informed decision without causing unnecessary tension.

“Let us be civil, respect one another, and be balanced in our comments. This is an important Judicial process that must be handled in a very civil manner,” Justice Musinga said.


The Appellate Court President has set end of June to early July as the date for hearing the BBI appeal case.
He said: “The earliest we can begin the proceedings is around June 23. It is however not a specific date, please bear that in mind.”

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    Written by Joshua Wanga




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