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Court lifts Mombasa Republican Council ban

Discussion in 'Kenyan News and Politics' started by lukindo, Jul 25, 2012.

  1. lukindo

    lukindo JF-Expert Member

    Jul 25, 2012
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    Mombasa Republican Council members queue outside the Mombasa Law Courts for the ruling on MRC's case July 25, 2012. The High Court lifted the ban on MRC

    The High Court in Mombasa has lifted the ban on the Mombasa Republican Council.

    A three-judge bench consisting of Justices John Mwera, Mary Kasango and Francis Tuiyott ruled that the Gazette Notice that declared the MRC illegal was unconstitutional.
    The judges advised the group to register as a political party to pursue its agenda through legal means.
    And apparently alive to the fact that Kenyans may question the rationale behind their judgment, more so in the light of the group's secession demands, the judges pointed out that secession was a weighty matter that could not be realised through the means the group was pursuing.

    "There may be Kenyans who may disenchanted with the our decision. Some would see it as an endorsement to secession and dismembering of this country.
    "To them we say: Secession can only be achieved by far-reaching amendment to the constitution," the judges ruled.

    Muted applause
    The ruling triggered muted applause from the group members in court but the heavy presence of policemen and the judges' warning restricted an outpouring of excitement and celebration within the court precincts.

    MRC has been pushing for the secession of the Coast region on grounds of historical injustices meted on the locals by successive governments.
    The government had defended its move to proscribe the group terming MRC a threat to national security.

    MRC, on the other hand, maintained that the government relied on insufficient and unsupported evidence and allegations in proscribing them.

    MRC members Randu Ruwa, Robert Tukwatukwa and Nyae Ngao moved to court in 2010 challenging a gazette notice proscribing their group and want the court to prohibit the Internal Security minister from interfering with their lawful activities.

    They also want the court to issue directions that will enforce the proper administration of justice in regard to their rights, which they claim have been violated.
    In 2010, the Internal Security minister and the Attorney General declared the MRC, among 32 other groups, as illegal and warned the public against dealing with them.
    During the submissions, State counsel Emmanuel Bitta said that MRC's slogan ‘Pwani si Kenya' and its agenda were detrimental to the territorial integrity of the country, hence the minister was right to outlaw the group.

    My take:
    Ni nini mwisho wa Uhamsho, si waruhusiwe tu kuendesha harakati zao mradi wasivunje sheria?

  2. M

    Mwembetayari JF-Expert Member

    Jul 25, 2012
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    The constitution ruled here! The idea of sitting on people not to express what is in their heads died with the old document which governed this country! Now, they are free to do what they want as long as it is in line with the law! In other words, mrc's agenda of secession is itself a political agenda and, its not enshrined within the laws of this land.

    The constitution clearly states that, kenya is a unitary state! Even if u go to heaven, that is what u'll find in the god's book of live! And, any secession call is unconstitutional, just as the gazette notice which outlawed this group! Katiba is the supreme law, and it will rule supreme before many understand it! They (mrc) voted for the dragon, and this dragon will be getting each one of them, one at a time, until the grouping colapses.

    Do you know that this ruling has opened the gates for treason charges against the members of this group? Its getting thick for the member, who were waiting to use this ban as an aggression springboard - no, brother, here are the facts - whatever u want to do, make sure katiba says there is a room for that pls! Anything else is crime and it will be treated as that!
  3. M

    Mwembetayari JF-Expert Member

    Jul 25, 2012
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    Please read the article again carefully, and take time to parse the written conclusion of the judges. Sample this:

    "If MRC regards this decision as carte blance to disorder or lawlessness, then they are on their own. The court cannot mute the respondents from exercising their constitutionally ordained obligation of ensuring security for all Kenyans. Should MRC cross the line, then the State, as always can invoke the law including prevention of criminal activities."

    Actually, the MRC has been handed more rope to hang itself. Viz: register as a political party, pursue your goals constitutionally, avoid violence. Should MRC 'cross the line', the State machinery will swing into action. Read GSU, AP, Police, Military etc will be at their doorstep. If I was the government, I would tomorrow unleash a civic campaign and elections officer training of the kind the MRC disrupted. Let them disrupt it again and face the wrath of 'Ghasia Subiri Uone' (GSU). Enough said.
  4. kshaka

    kshaka JF-Expert Member

    Jul 25, 2012
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    Mwembetayari some of our "friends" were probably getting ready to celebrate
    Last edited by a moderator: Jan 4, 2016
  5. M

    Mwembetayari JF-Expert Member

    Jul 25, 2012
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    LOL, thats true.

    If I may......

    To the contrary, this ruling is the proverbial final nail. The members of the MRC have rights to associate under the constitution but their association has to be within the confines of the law. Chapter one; "Sovereignty of The People & Supremacy of The Constitution" clearly states the constitution is the supreme law that binds all the people and all state organs at both levels of government and no one can claim or exercise state authority except under the constitution. It goes on to state the validity of the constitution is not subject to challenge by or before any court.

    The second chapter; "The Republic" is the declaration of the republic and the territory and when coupled with the first chapter, it is a water tight document that leaves no room for secession. Any separatist movement would have to garner the support of all Kenyans and amend the constitution to allow secession and there is no way under the sun that will happen.

    The MRC are seeking religious and ethnic purity at the Coast and have resorted to violence in their bid to rid the Coast of "Kenyans". The ruling opens the door for treason charges and empowers the government to deal with the group and take whichever measures to ensure the safety of millions of Kenyans at the Coast that have nothing to do with this fringe group. In essence the courts has handed the MRC a rope to hang themselves with.

    This Katiba is set to unleash a whole lot more!!
  6. livefire

    livefire JF-Expert Member

    Jul 25, 2012
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    Mwembetayari, that is as deep stuff and as real as it gets. I love the tempo and tone of the explanation. Stark awesome, Kudos!!!
    Last edited by a moderator: Jan 4, 2016
  7. dosama

    dosama JF-Expert Member

    Jul 26, 2012
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    Source BBC Habari

    Kikundi cha Kiislam cha Kenya katika Pwani ya Mombasa wameshinda kesi iliyofunhuliwa na serikali ya kukishitaki kuwa ni kukundi haramu na cha kigaodi kikiambatana na fujo na mahakama kuu ya kenya ikatupilia mbali mashtaka hayo na kukitaka kisajiliwe kama kikundi cha kisiasa.

    Lakini kiongozi wa kikundi hicho amesema lengo ni kujitenga na kenya na Pwani ya Kenya kuwa nchi huru kama mikataba inavyoonyesha na mpaka kieleweke.

    Wameanza na Tanzania Tunamaliza
  8. Filipo

    Filipo JF-Expert Member

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    Mawazo yao ni kujitenga tu!
  9. Baba V

    Baba V JF-Expert Member

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    Wajitenge tu,that is all they can do!
  10. Mkubwa ndevu

    Mkubwa ndevu JF-Expert Member

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    pwani c kenya
  11. Bilionea Asigwa

    Bilionea Asigwa JF-Expert Member

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    wajitenge tu wakuu mimi sioni faida yao.............
  12. n

    nyabhera JF-Expert Member

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    uislam hauwezi kukamilika mpaka pale kutakapo kuwapo taifa la kiislam ndo wanachotafuta toka enzi za Darul salaam
  13. REMSA

    REMSA JF-Expert Member

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    Hey go.........
  14. Lyimo

    Lyimo JF-Expert Member

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    Nafikiri hawa lao moja na ndugu zetu wa Zanzibar, maana wote walikuwa chini ya Sultani kipindi flani.
  15. Angel Msoffe

    Angel Msoffe JF-Expert Member

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    wanapenda ubinafsi hawa
  16. Msalagambwe

    Msalagambwe JF-Expert Member

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    Nchi gani moja ya kiislamu duniani ambayo imejenga pepo ya kiislaamu?
    kitu kimoja nikionacho katika jamhuri za kiislamu ni;
    Matabaka kama yale ya nchi za kibapari.
    Wale videmu wa Iran ni mabilionea wakubwa, sawa kabisa na ruling class za UK na USA.
    Waislamu wanyonge wanatumia na Mbwenyenye chini ya mwavuli wa Uislamu ili kurudisha sokomoko la kale.
    Hatuwezi kufuata mipaka ya wakoloni katika kudai kujitenga.
    nadhani tunakaribisha vita itakayo ondoa ID zote za kijinga.
  17. Philipo Kidwanga

    Philipo Kidwanga Verified User

    Jul 26, 2012
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    vile ndivyo mahakama inavyotakiwa kuwa bila kuangalia na kuujadili udhaifu wa walioshinda.
  18. Mangaline

    Mangaline JF-Expert Member

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    Uko sahihi, kwani mahakama ya kadhi haiwezi kufanya kazi chini ya katiba ya nchi. Mmechelewa kudai Jamhuri ya Kiisilamu.
  19. Joseph

    Joseph JF-Expert Member

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    Hivi serikali inapoenda kukishitaki kikundi kama cha uamsho Zanzibar unategemea kuna ushindi wowote wakati katikati kuna mono wa imani?Ukitangaza kuwa ni kikundi cha kigaidi ina maana kuwa dini yao pia ni ya kigaidi jambo ambalo litaleta matatizo zaidi.
  20. F

    FJM JF-Expert Member

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    Just curiouss, wasn't Kenya a 'unitary' state even under the old-dear katiba? How was MRC came into being? and do they (MRC) really buy into unitery state as per the new constitution?