Sunday, May 30, 2010

BELATED

Constitutional Lawyer PLO Lumumba says the recent ruling by a three judge bench over Kadhi courts as entrenched in the current constitution is belated.

Lumumba says it was a glaring contradiction that the judges who should have a better understanding of the law, went ahead to draw the wrong conclusions ending up with a flawed ruling.

Speaking during a civic education session at Mount Kenya University in Thika Lumumba said it was pitiable that the judges gave the judgment that could not pass the test in the public court.

He said the appeal should be able to set the record right by pointing out the glaring mistakes in the ruling since the judges seem not to have understood the issues at hand.

He urged the students and Kenyans to read the proposed constitution but also endeavor to understand it.

Lumumba said while making decisions on whether or not to vote on the proposed constitution, Kenyans should also be alive to the fact that national cohesion is a matter that they need to jealously guard to ensure that we have the nation intact amidst divergent views.

He claims that the judges' ruling could have been informed by the fear that once the proposed law is adopted any appointments to the judiciary must undergo serious vetting and therefore would rather it did not pass.

The Attorney General has already moved to court to appeal the ruling.

The ruling came three months before Kenyans vote in a referendum on a proposed new constitution.

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