WE DEMAND FOR TIMELY JUSTICE FOR SHOLLEI "The Law of Natural Justice"

Gladys Boss Shollei, Chief Registrar of Judiciary

Following the recent events in the judiciary, Am not a lawyer but today please allow me give my view of the subject matter. According to my unnderstanding of the law, regardless of the fault, all persons accused, regardless of the accusations have equal rights before the Rule of Natural Justice.

Simply put, the rules of natural justice relate to fairness: they exist to protect the fair dealing with individuals who find themselves before a court, tribunal or any hearing to whose judgement an individual is subject.
In any instance of anyone being before a hearing the individual has a right to be heard. This is often called audi alteram partem.
Linked to this right is the right to be informed beforehand of the allegations against him or her.
The other key rule from which the others are derived is nemo judex in parte sua (no‐one can judge their own case).

The rules of natural justice are enshrined in the English common law and comprise of the following;
To start with, is  The Right to a Fair Hearing.
Under this rule it is expected that Any hearing must allow to the parties before it the opportunity to prepare and present evidence and to respond to arguments presenting by the opposite side.
When conducting an investigation in relation to a complaint it is important that the person being complained against is advised of the allegations in as much detail as possible and given the opportunity to reply to the allegations. This never happened in the case of Gladys Boss Shollei but the allegations prompted immediate forced leave.

Secondly, is The Bias Rule.
This states that no one should be judge in his or her case. This is the requirement that the deciding authority must be unbiased when according the hearing or making the decision.
Additionally, investigators and decision‐makers must act without bias in all procedures connected with the making of a decision.
A decision‐maker must be impartial and must make a decision based on a balanced and considered assessment of the information and evidence before him or her without favoring one party over another.
Even where no actual bias exists, investigators and decision‐makers should be careful to avoid the appearance of bias. Investigators should ensure that there is no conflict of interest which would make it inappropriate for them to conduct the investigation. In the matters pertaining to the registrar of Judiciary, my friend, explanantion is not needed but one can see clearly the breaching of the aforementioned rules. If truly there was no bias in the made decision, then it already appeared to more than enough people that there was bias. The decision makers NEVER listened to the views of the accused yet determined the matter before them.

To add on the above, is The Evidence Rule
In this rule, any administrative decision must be based upon logical proof or evidence material.
Investigators and decision makers should not base their decisions on mere speculation or suspicion.
An investigator or decision maker should be able to clearly point to the evidence on which
the inference or determination is based.
Evidence (arguments, allegations, documents, photos, etc.) presented by one party must be disclosed to the other party, who may then subject it to scrutiny. What logical proof was presented before untimely and immediate send off to leave for Gladys Boss shollei?

Finally is the rule on Decisions
In this principle, Any decision must be one that is within a reasonable range of decisions available to the decision maker on the evidence. Any decision made must always be supported by detailed reasons for the decision that must be disclosed to the parties subject to the decision. Was the decision to send Gladys on forced leave the best of all?

After reading through the above guiding principles, we can unanimously agree that whether shollei was guilty or not, the decision taken was made in haste and without maximum implementation and consideration of the governing law. This was either out of malicious manipulation of powers or negligence of the existing law. It's therefore high time that the status quo retreat and give shollei what she deserves.
Allow me say it once again,

Let's have justice for Shollei.
God Bless Kenya My country.

Raila’s VIP Security: Two Vehicles For Twelve Body Gurds, Unrealistic!

It was to the surprise of many liberal independent thinkers when the former Prime Minister Raila Odinga was ordered to remain with two vehicles and return the others. Shouts were made hoping they would fall on a listening ear but it seems it was in vain. Today, news hitting headlines indicate that Raila returned the vehicles on Tuesday and remained with two.
He once said, “Raila atarudia raia.” Amerudi.
From a VIP point of view, it is my belief that no any independent and liberal minded Kenyan will support the move as long as it is based on the deserving rights. Raila has been on attack from the government side of late as much as he has also been attacking government. But why engage politics and hatred in everything we do.
I try to do a simple arithmetic of what can happen if Raila wants to leave his premise and one of the vehicles break down. Will he have to share one of his seat with one of his bodyguards? Or are we going to advise bodyguards to be moving on foot so that Raila can have comfort he deserves in the vehicle?

How realistic is it to budget for thirteen people, among them a VIP two vehicles? Or are we going to give them Nissans from Japan that is fourteen sitters for the accommodation? If you understand this, help me also do.

Am sure before this decision was made, several measures were not considered. And now I request the concerned authorities to revisit it. I repeat again it is unrealistic. And if this decision was made on behalf of the president, I guess it wasn’t and so I seek his intervention.
As you still think about it, think what the term “Co-principles” mean and then justify or unjustify your decision.God Bless Kenya, God Bless the people of Kenya.
I rest my case.

Let Governors Have Flags, It is a symbol of National Unity; “Flagging Governors.”A

Kenyan Beautiful Flag

When I was young and naïve I was taught about the symbols of national unity and naively I read them to pass exams. I never questioned the veracity of the lesson nor asked why it was necessary to have such. I later on advanced; I was taught the importance of national unity and implications of bridging the existing unity.
I now appreciate and understand why national unity and national pride is relevance for both social-economical and political good. Without comparing to other countries, we can all agree that citizens can feel part and parcel of a country by fully owning what they feel belongs to a country. Walking out in open and being associated with what you fully own strikes a feeling of national pride that cultivates patriotism that’s good for nation building.
The ongoing debate on whether the Governors should be flagged is past by time and it is high time we wake up from our long time slumber lands and put national interests clear. Will Governors Salary be increased if they have flags on vehicles? Will Governors be immune to diseases if they have flags on vehicles? Will they be super-gods because they have flags? It is high time we reason out Fellow Kenyans. What’s the problem with one proudly identifying himself with pride of a nation? Doesn’t it imply he or she is proud of his or her nation and ready to defend any course to justify the means of success of a country?

A section of Kenyan Governors in a session.

It’s high time we have to reconsider the order of our interests and put them clear as per the needs of this nation. Time is passing and the next generation shall judge us based on the current deeds. For Any other restrictions and titles, put the measures you want, but please allow us to proudly own our symbols of national unity. Am just imagining a parliamentarian coming out and saying no citizen should put on a T-shirt with the name H.E. Uhuru Muigai Kenyatta? Imagine the scenario. Yet this is a national symbol we all own in one accord. Hope you think about this before passing it unlawful.
My say.

Call! Call! Call! For All Eldoret G.K Magereza Secondary School Alumni Needed

If you happen to be or know any Alumni of Eldoret G.K. Magereza Secondary school, you are kindly requested to attend or inform him or her, respectively, that there will be a coming together meeting for all alumni on 14th August 2013 at th Edloret G.K. Magereza secondary school starting from 10AM.
The Main Agenda of the meeting is to form a vibrant Alumni association that shall be able to deliver back to the society from where it gained from. Similarly, it will form the long broken ties.
Ample space for parking will be provided and meals will be available. Kindly share the Word.
Eldoret G.K. Magereza Secondary School is located along Iten Road in Eldoret, Next to Eldoret G.K. Prisons. It's a fast growing school that has produced vibrant citizens of all cadres ranging from academicians to military. It boosts of a silent environment for learning and qualified staffs self motivated. It is a public school.
Join the noble course NOW!!!!!
For more info contact; okoti.theloyal@gmail.com