I think the gag order is the best thing that has happened. It is sad to note that the 4th Estate cant distinguish hate speech vs freedom of expression. The hague debate was escalating to be a hate speech rallies that were causing the rift and entrenching tribalism. I thank the Judiciary for taking a tactical action against this so called dogma. And to the Judiciary, dont ever be cowed by the likes of the media. We are all on your side.
Yes, the gag order is meaningless and illegal. Just like in the US, the constitution overrode that common law practice…. but the best thing is to test it in order to establish precedent. So, media, go ahead and discuss Ruto and Uhuru’s right to contest and let’s see what the judge does! It’s a new day.
The Media Council has this all wrong; the court order gagging public discussion of the question of whether Uhuru and Ruto are allowed to vie for the presidency applies only to those “enjoined” in the case and these basically are the petitioners, respondents, the AG’s office and IEBC. Uhuru and Ruto are the subject of the case so they, too, are gagged from publicly discussing the issue, even though Judge Leonola gave the two until February 17, 2012 to object to the order consented to by everyone else involved in the case.
The judge’s order is therefore lawful and proper, especially given the turn of events where these suspects are trying to use the ICC issue to rev up tribal animosity and hatred likely to lead to a second PEV if not stopped and this order goes a long way in doing so.
Why is the Council going on and on addressing an irrelevant issue? The court has not banned anyone other than those enjoined from discussing the issue in public and this (those not banned) include the media.
Does this Media Council not have a lawyer to advise them? It cannot be they cannot afford one for sure!
Well said. You wouldnt have said it any better. Shame on the Media council. Furthermore, they do not exist in a vacuum
That was a primitive judgment painfully expected from a modern reform focused court, it means we have a lot to do to have a fair, just and efficient legal system in this nation. It also shows that the old KANU perceptions are so entrenched in us that it is difficult to erode or shade off to adopt to a new dispensation.