Dr Muthomi Thiankolu
@MThiankolu
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Legal Practitioner, Academic and Consultant
Nairobi Kenya
Joined October 2012
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Judges are moved by law, facts, excellent legal research and persuasive advocacy/argument. Not threats, intimidation, insults or tirades. That’s why the Constitution gives them security of tenure.
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If Kenyan taxpayers were to borrow a leaf from the oil marketers....
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Building the Nation, in the Republic of Kusadikika.
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The President’s message, as I see it, is that he will thwart the career progression of any Judge or Magistrate that decides cases against the executive or political establishment of the day. Irrespective of whether the executive or political establishment has breached the law.
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Men have died in lodgings, Airbnb’s and other pleasure dens for the longest time. No one gave the deaths a gender dimension. No one considered it a security matter. Instead, the world quickly concluded that the male victims died “in the line of duty” without considering homicide.
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Someone tell the national police and intelligence agencies that I know their respective handwritings. Intercepting my phone calls and coming to my DM under the subterfuge of beautiful and skimpily dressed women will not do the trick.
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Hypothesis: Shakahola happened because the criminal intelligence institutions under the former regime were too preoccupied with “political” work of spying on and crafting persecutory criminal charges against the political supporters of the then Deputy President.
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I dedicate this speech to three persons. The first is my lovely father, Thiankolu Kaibi Thirua, who diligently served our republic as a teacher of English and Literature for many years (yes, Merus teach English, the accent notwithstanding).
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Dear Fellow Africans,
Treating each other like this reflects badly on us. Especially when we: (i) give visa-free treatment to non-Africans; (ii) give ‘visa-on-arrival’ treatment to non-Africans; and (iii) otherwise beg non-Africans to visit African countries.
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Lecturer's Diary,
On unskilled, skilled, sensationalist and artistic lawyers.
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Suppose KFC were a Kenyan company or franchisee operating in the US or Egypt. Would US or Egyptian authorities have allowed KFC, as a Kenyan company, to import basic agricultural produce (i.e., potatoes) in the face of abundant local farming of that produce?
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I don’t know anything about the Mwilu v System issues. Except that on matters Mwilu, the system has been behaving like that psycho ex who also has a fragile ego.
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@KarungoThangwa
Every law litigated at the High Court is an expression of public policy, Mhesh.
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Previously, the simpletons and ignoramuses told us that Chief Justice Maraga was the problem. Now, the simpletons and ignoramuses tell us that Chief Justice Martha Koome is the problem. Meanwhile, the 'system' people keep urinating and defecating on our temples of justice.
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The scores on the seventeen issues so far:
Ruling Elites Ordinary Kenyans
0 2
65 Minutes of play remaining.
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Dear
@MyKenyaLaw
,
Please adopt an official referencing and citation style and consistently apply it throughout all your physical and electronic publications, including Cause Lists. To avoid reinventing the wheel, I recommend OSCOLA. One more thing, please proofread Cause Lists.
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Lastborn Syndrome and Young Lawyers: A Lunch Date Tete-a-tete with My Pupil Master
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Recognition of the Contribution of the Law to the Law.
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Dear
@AmazonUK
,
This is not good at all. Your ineffective website and AI constrained me to address you through the screenshot below.
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A story on why you should not insure your motor vehicle with Occidental Insurance Company.
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Dynasties are falling like dominos in this World Cup. It seems the bottom up policy is taking shape in international football.
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What’s happening? The Sonko leaks and their impact on various forms of “…prudence.” Impact on jurisprudence, pussiprudence, clitprudence, gluteoprudence, tittiprudence etc etc.
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The prayers are ominous. They suggest, correctly or incorrectly, that Kenya cannot peacefully conduct the purely temporal and arithmetic exercise of tallying presidential election results without divine intervention. And that the hydra (i.e. the imperial presidency) is alive.
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@agimutua
The point is, homicide is a crime that entails loss of life. A homicide does not become more serious or deserve more attention merely on the account of the gender of the victim.
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Don’t be surprised if you see officials at western airports and border points treating Africans in a manner that suggests that the current monkey pox outbreak emanated from African monkeys.
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A post in defence of the language used by the Supreme Court against some parties and advocates in the just concluded presidential election petitions. And why some parties and advocates now castigating the Court should be grateful instead of unfairly vilifying the court.
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Dear National Council for Law Reporting and Attorney General,
We can do away with that comma you usually insert in the citation of recent statutes. It is too tiring. To illustrate, “the Elections Act, 2011” can be cited as “the Elections Act 2011.” That is how Britain does it.
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Kenya is characterized by a binary system of different amenities for the rich and the poor. That is why we have had private hospitals, private schools etc. This picture confirms that we shall soon have different roads for the rich and the poor.
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My interest in literature and the arts was sparked by copies of various set books in our humble timber house in the early 1990s (I still vividly recall seeing copies of Romeo and Juliet, Things Fall Apart, The Concubine, The Government Inspector, I will Marry When I Want,
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Implications of the Supreme Court Judgment on New NSSF Contribution Rates
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Make no mistake. The lanky 32-teethers along Kiambu Road genuinely believe they are doing a good job helping ‘the system.’ It is the clearest evidence that even ‘systems’ need serfs with more brains than brawn.
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The River Between and many other classics in our humble abode). The second person is the late Mr Kimathi Mikwa, who taught me English and Literature at Miathene Secondary School. Mr Kimathi also taught me oration, drama and many other things. The third person is Ms Kagwiria
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Methinks both the Canadian and Kenyan governments would have handled the citizenship, immigration, travel, red alert and related issues very differently, and resolved them a long time ago, if Miguna Miguna were caucasian.
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I think my “I went to Alliance” friends are exerting overbearing influence on me. I just wrote “Justice Wringera” instead of “Justice Ringera.” Wrote. Not typed.
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She, like Mr Kimathi, also taught me English, Literature, poetry and related matters.
Important Note: Mr Kimathi and Ms Kirika came to the rescue of my class in the third term of Form 3. Previous tutors had wasted our three years by absconding from class.
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@ahmednasirlaw
@Kenyajudiciary
Three comments on the decision:
First, the conclusion (in para 24) that to issue the stay would mean reversing or undoing the impugned judgment at this interlocutory stage or determining a key issue on jurisdiction and thereby prejudicing the pending appeal is nonsense on stilts
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Here is my view on the List of Applicants for the positions of Chief Justice and Supreme Court Judge. Three of the Applicants would, all factors held constant, make ideal Supreme Court Judges. Life, however, is not ideal. Only one out of the three ideal Applicants will make it.
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At least the enemies of progress cannot tell us that Daktari has a match stick, which often happens when relationships go south.
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At least yesterday’s ruling screwed both Uhuru and Tinga. We are used to the courts shafting one of them and the country getting unnecessarily polarized by supporters of the other. See how calm the country is even after the ruling?
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The outgoing MCA for Mbeu Ward in Meru County has orchestrated the arrest of the mother of his child on trumped up charges because she spoilt his campaign by creating a scene while demanding child support from him. Police officers at Nchiru Police Station in Tigania west holding.
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Dear Boy Child,
If a slay queen says that you must incur an unusually onerous financial burden before she can have sex with you, tell her “Babe, the Duchess of Sussex forsook a life of royalty and freebies so she could work and earn her own money.”
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@NPSOfficial_KE
My mboys challenged the suspects to stop. The suspects defied the honda and opened faya. My mboys returned faya with faya and shot three of the suspects ndead. One of the suspects escaped with mbulet wounds, and the money.
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Why aren’t the oil marketers hoarding jet fuel (or is it aircraft fuel)? Politicians and people who can afford to fly cannot be the only ones whose mobility remains unaffected by the so-called fuel shortage.
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The duo told the Rod, “this man was caught forging a degree certificate, and in the very act of it. According to the law of Moses, such men should be stoned to death.”
The Rod told the duo, “let he who has a degree between the two of you cast the first stone.”
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@ahmednasirlaw
@JunetMohamed
It is a human trait, SC. People own incomers when they excel and profile profile them when they disappoint.
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@ahmednasirlaw
But it was under Kibaki that the aggrieved side refused to take the 2007 presidential dispute to the courts. It is under him that we saw the president sworn in (by the judiciary) at dusk. Methinks the point of this tweet is that you played a critical role in judicial changes.
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Just noted, from a document that is circulating online, that President Mwai Kibaki was a trained mason and carpenter. Very interesting considering President Jomo Kenyatta was also a metre reader/inspector. What was that controversy about university degrees again?
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Ladies and Gentlemen,
I propose a toast to the deep state. It has done a fantastic job in creating confusion and disorder at the Council of the Law Society of Kenya. But before you celebrate, you should be very, worried. Every one of us shall pay a heavy price.
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@lindahoguttu
@theMagunga
Colonial legacy. Our hotels are yet to discover that most of the buyers of their products are native Kenyans. So they are still modeled to serve a very small (read western) client base.
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@Paul_Muite
@R_Kibugi
Colonial legacy. If it involves the small ordinary persons, it can go on ad infinitum. The plight of such people is not a priority to law and policy makers.
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Hot air debate: There's nothing injudicious #
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Gazette Notice No. XYZ
In exercise of powers granted under section 2022 of the Pubic Health Act, the CS for Interior and Coronation has banned the manufacture, importation, sale, leasing, gifting and distribution of wheelbarrows in the territory of the Republic of Kleptomania.
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The curfew order only prohibits ‘gatherings, processions or movement’ between 7:00 p.m. and 5:00 a.m. It does not prohibit any person from being at any specific place between those hours. Furthermore, the curfew order does not authorize the police to beat up anyone.
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Have you realised that your monthly bank statement, monthly M-PESA statement and monthly Airtel Money Statement do not usually have a dedicated column for transaction charges? It is not because there is anything particularly difficult in adding such a column.
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Reading the Constitution of Kenya (Amendment) Bill, 2020 as drafted by the BBI team.
Preliminary View: The document has too many structural gaps, too many redundant amendments and many typos.
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EAC Despots 0 Covid 2. Thirty minutes of play remaining.
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African politics is backward. African governance is pathetic. African infrastructure is centuries behind the rest of the world. African corruption is unrivalled anywhere on the planet. By what magic are some people expecting Africa to excel at the world cup?
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@steveogollaw
,
Are PSV drivers, conductors and touts considered frontline workers for purposes of the ongoing Covid-19 vaccinations? I suppose this question also applies to hairdressers, waiters, waitresses, masseurs and members of the oldest profession.
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Imagine the branding crisis/damage that would have occurred if Simba, otherwise known as the King of the Jungle (and presumably King of the Laws of the Jungle) had lost that brawl.
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@ahmednasirlaw
@Kenyajudiciary
No appellate court would ever issue a stay of execution, conservatory order or any other temporary relief pending the determination of the substantive appeal under this new test/criterion.
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@albatuli
@MyKenyaLaw
The Constitution only requires simplicity and flexibility, not mediocrity.
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@MigunaMiguna
That is precisely why Tinga threw you under the bus. He foresaw the conversatiom you had with those Luos. In short, Tinga decided to do Herod on you.
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@ahmednasirlaw
@Kenyajudiciary
Secondly, the conclusion (in para 24) that the Supreme Court could not order a stay of execution or grant a conservatory order merely because the CoA did not order any party to do anything or to refrain from doing anything is legal sophistry
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This is the main makeshift court at the Milimani Law Courts, Nairobi. It has a torn roof and completely open along one wall. Accused persons,litigants, prosecutors, police officers, advocates and judicial officers are constrained to persevere frigid and rainy weather conditions.
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Mixed reactions after woman confesses how she used NTSA website to 'stalk' man she liked
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@gautambhatia88
@KensonMutethia
@ochieljd
@keyapj
@ochieljd
,
By the way, I made peace with the fact that the SCRK will almost invariably make one or two errors of principle in its decisions. So I am less critical of the court these days.
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@ahmednasirlaw
@Kenyajudiciary
Although the CoA *did not issue a positive order capable of execution,* the effect of its decision was to create a positive obligation on the part of every employer and every employee in the country (including the JSC) to comply with the impugned law.
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@williammaema
I got mine, autographed by
@MigaiAkech
himself. I agree, it is our local wade. Very thoroughly researched and well written.
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Who else feels there is some hunky punky going on at the Employment and Labour Relations Court in Nairobi? Involving judges allowing some litigants to record “consent” orders that affect parties that are not before the court and other forms of flagrant judicial misconduct?
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@ahmednasirlaw
The good super minister just had a panic attack, SC. It happens when one suddenly loses the trappings of power. Remember that independence minister who thought oncoming cars were driven by assasins?
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@gautambhatia88
@KensonMutethia
@ochieljd
@keyapj
For me, the bizarre conclusion on the BSD shows the need for a deferential standard of review (which I had hoped to push if I got the audience). It cannot be that six Supreme Court judges are right but eleven judges from the high courts and the courts of appeal are wrong.
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@ahmednasirlaw
@Kenyajudiciary
Thirdly, the Supreme Court delayed its decision on the application until the Act came into force so that it could conclude (at para 25) that it could not grant a conservatory order because the Act had been implemented.
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Ignorance, ethnic bigotry, vanity and sycophancy should respectively be officially recognized as forms of disability. Especially their Kenyan versions.
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Reminiscing on Oral Advocacy: The Highs and the Lows
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@NjeriBt
What's your take on Miathene Secondary School and Kathonzweini Mixed Day and Boarding?
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@EricNgeno
@edwinsifuna
@AbdikadirMohami
@ahmednasirlaw
@NelsonHavi
My friend
@edwinsifuna
has a job to keep. Let him be.
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@lindahoguttu
There’s a cleaning software they sell at Upper Hill. It will cleanse all your unsavory online posts.
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