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Forum => Kenya Discussion => Topic started by: vooke on September 19, 2017, 12:47:17 PM

Title: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 19, 2017, 12:47:17 PM
Tomorrow from 1000H

Making this sticky


PS
Profuse apologies for those rushing here and finding nothing.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: bryan275 on September 19, 2017, 12:51:22 PM
Damn... I rushed here!!!
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 19, 2017, 01:39:44 PM
 :33:
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 19, 2017, 03:08:03 PM
Tomorrow from 1000H

Making this sticky


PS
Profuse apologies for those rushing here and finding nothing.
(https://s26.postimg.org/y53npgneh/image.jpg)
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 09:58:42 AM
Itumbi(his handlers) is still in denial

Quote
LEAKED SUPREME COURT DETAILED MAJORITY DECISION

1. The Key thing in the detailed decision  - The Court will rule that Regulation 87(3) on tallying of results at the National Tallying Centre was not complied with - (This is very interesting, because the Court Of Appeal actually dismissed this matter, so at the time of Elections, IEBC had no choice but conduct elections with the law as interpreted by the Court in the Maina Kiai decision)

     IEBC acted in complete disregard of the law by not verifying results from the   polling stations at the National Tallying Centre."

2. The court will rule that IEBC did not understand the case before it. it will also rule that a number of forms did not have security features despite a contractual agreement with printers.

3. The Court will also hold IEBC in contempt and term as mischievous the issue of not granting access to the server in the terms laid out by the court.

4. President Uhuru Kenyatta is NOT guilty on the use of State Resources, but the President is bound by the Election Offences Act. President not above the law

5. There will be a contradiction on the issue of Statistics vs Provisional results vs Preliminary results

6. Largely a POLITICAL Decision, with an angry justification tone -

Finally - Just Remember, the same decision, Election invalidated and Fresh elections to be held in 60 days

#ThePeopleAreSupreme

(https://s26.postimg.org/recfac3s9/Screenshot_20170920-095616.png)
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 10:03:25 AM
What's the point of leaking something that's due in short order? Also, it appears Itumbi did not understand the COA decision in Maina Kiai.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 10:07:31 AM
What's the point of leaking something that's due in short order? Also, it appears Itumbi did not understand the COA decision in Maina Kiai.
I just stumbled upon it now, refer to the screenshot for time stamp of the post
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 10:08:36 AM
Baba is in the courtroom
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 10:30:32 AM
Wanjala is not in the room and so is Ibrahim. I wonder why Wanjala Smokin is not in. Ibrahim basically was sick and didn't particpate to the end.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 10:30:39 AM
Court is in session at exactly 1029H
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 10:36:09 AM
Wanjala is not in the room and so is Ibrahim. I wonder why Wanjala Smokin is not in. Ibrahim basically was sick and didn't particpate to the end.
Wanjala had to FLY OUT?
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 10:38:14 AM
He appended his signature. I don't know what is more important than this. Or he is fleeing for his life.
Wanjala had to FLY OUT?
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 10:43:11 AM
Lenaola talking about SCOK 2013.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 10:47:05 AM
Spoilt,rejected,stray ballots dont count-Lenaola
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 10:51:55 AM
Mwilu is stammering
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 10:52:39 AM
Stammering about the Transmission of Results.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 10:59:48 AM
She is summarizing the case.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 11:07:39 AM
Building foundation for demonstrating how transmission failures is such a serious ground for invalidation
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 11:47:42 AM
Mwilu- NTC ought to have received all forms 34A before declaring the results
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 11:50:24 AM
Mwilu- failure to transmit results for 11K stations is inexcusable.
Failure of electronic transmission was a failure of the law

Even without 3G coverage, traveling to CTC with areas with such good road networks shouldnt have taken that long
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Omollo on September 20, 2017, 11:56:01 AM
Mwilu- failure to transmit results for 11K stations is inexcusable.
Failure of electronic transmission was a failure of the law

Even without 3G coverage, traveling to CTC with areas with such good road networks shouldnt have taken that long

Asante... endelea
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 11:57:35 AM
Burden of proof of compliance with law as far as transmission is concerned lies with IEBC

Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 11:58:24 AM
Tortured ruling continues. IEBC should have used billions it got to do better server work - how is that relevant to validity of election?
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 11:59:41 AM
Mwilu
IEBC excuses to deny ICT audit were baseless.

IEBC was RELUCTANT to comply with the orders to provide information requested

They should have backed up their systems
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 12:00:52 PM
Mwilu- failure to transmit results for 11K stations is inexcusable.
Failure of electronic transmission was a failure of the law

Even without 3G coverage, traveling to CTC with areas with such good road networks shouldnt have taken that long

Asante... endelea
I think I heard her state that they took judicial notice of IEBC promises about transmission. They said once text and scan were in and P.Os hit submit, that was irreversible. They would then need only move to a place with network and these would transmit automatically/in seconds. She was quoting Chiloba and Muhati  :D

My sense of judgment so far is simple: IEBC has no right to ignore the law as it pleases. Period! :D
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 12:01:49 PM
Mwilu
IEBC failed to provide GPRS coordinates of the KIEMS kits...they gave polling station coordinates


IEBC failed to give access to critical areas of their servers proving or disproving hacking claims

The seemingly simple ICT audit is MBIG
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Omollo on September 20, 2017, 12:03:22 PM
Failure / Refusal to comply with the court orders hit the IEBC in the balls!

Eternal Lesson Number one: Never disobey or defy court orders!
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 12:03:50 PM
This is just bollox. IEBC and Uhuru were NEVER given time to ventilate on the court order or provide explanation. They just seem to relie on their court-appointed "experts". Judges gave them 10 mins to "comment" on it. This is miscarriage of justice.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 12:05:18 PM
IEBC were never given time - except the 10mins to comment on why they couldn't fulfil this or that. IEBC asked for more time.
Failure / Refusal to comply with the court orders hit the IEBC in the balls!

Eternal Lesson Number one: Never disobey or defy court orders!
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 12:06:49 PM
Okay that rich. IEBC refusal mean it was hacked or the data cannot be verified.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 12:07:18 PM
Mwilu-if IEBC had nothing to hide they would have readily provided access to its ICT logs to disprove petitioners claims

IEBC disobedience of the court order in critical areas forces SCOK to accept claims that IEBC systems were infiltrated and compromised and the data interfered in

Bungling the transmission system and were unable to verify the data

Jesus H Christ!
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Omollo on September 20, 2017, 12:08:41 PM
NOT TRUE! Three days. In addition the order is still un-obeyed to date!

IEBC were never given time - except the 10mins to comment on why they couldn't fulfil this or that. IEBC asked for more time.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 12:09:00 PM
IEBC were never given time - except the 10mins to comment on why they couldn't fulfil this or that. IEBC asked for more time.
Failure / Refusal to comply with the court orders hit the IEBC in the balls!

Eternal Lesson Number one: Never disobey or defy court orders!
Lol! :D Stop changing tune. I should link to the election petition thread where you were shouting that IEBC has no duty to provide access and NASA can go hung. I told you this info was public property, not Chebukati's private bank account, and you kept shouting.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 12:09:07 PM
Mwilu- Variances in turnout among various elections was never satisfactorily explained
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Omollo on September 20, 2017, 12:09:35 PM
They did not disobey--- They DEFIED the order.

Mwilu-if IEBC had nothing to hide they would have readily provided access to its ICT logs to disprove petitioners claims

IEBC disobedience of the court order in critical areas forces SCOK to accept claims that IEBC systems were infiltrated and compromised and the data interfered in

Bungling the transmission system and were unable to verify the data

Jesus H Christ!
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 12:12:42 PM
Mwilu-if IEBC had nothing to hide they would have readily provided access to its ICT logs to disprove petitioners claims

IEBC disobedience of the court order in critical areas forces SCOK to accept claims that IEBC systems were infiltrated and compromised and the data interfered in

Bungling the transmission system and were unable to verify the data

Jesus H Christ!
She's relying on settled principles: refusal to cooperate leaves court no choice but to draw an adverse inference against the party refusing! This court is just simple: following and applying the freaking law. And Pundit was thinking they were struggling to write a judgment :D
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 12:13:08 PM
Mwilu- Access to the system was meant to verify the technology as well as authenticity of results sent to CTC and NTC
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 12:14:29 PM
Mwilu- verification of results is at 3 levels, PO,RO,and Chairperson

**Purpose is to ensure no variance between declared and transmitted results.



**Hapa I have problems
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 12:15:26 PM
The whole scrutiny or order was ambush - filled out of time - and it seem tangential to the case- then judges ambushed everyone and uses it to make the decision. There is nothing being said about the petition and evidence.
Lol! :D Stop changing tune. I should link to the election petition thread where you were shouting that IEBC has no duty to provide access and NASA can go hung. I told you this info was public property, not Chebukati's private bank account, and you kept shouting.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 12:16:52 PM
Mwilu- no logical explanation for absence for forms 34A used to prepare 34B which was used to generate 34C

Why did manually transmitted forms arrive faster then electronic ones :lolz:
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 12:18:51 PM
The whole scrutiny or order was ambush - filled out of time - and it seem tangential to the case- then judges ambushed everyone and uses it to make the decision. There is nothing being said about the petition and evidence.
Lol! :D Stop changing tune. I should link to the election petition thread where you were shouting that IEBC has no duty to provide access and NASA can go hung. I told you this info was public property, not Chebukati's private bank account, and you kept shouting.
What ambush? IEBC should have provided access long before the petition, during and after. And stop saying what judges have used to make the decision: they have clearly used the CUMULATIVE effect of many wrong things, including this. Relax, she's still reading.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 12:19:31 PM
Mwilu- Chairperson is not restrained or barred from verification of results from CTC, or receive the results by the Kiai case
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Omollo on September 20, 2017, 12:19:46 PM
More proof of your ineptness.

The court order was a ruling to an application made at the same time as the petition was filed. It was canvassed in an open court with Uhuru's counsel asking for adjournment and returning to oppose.

No ambush whatsoever. Wacha Ruto propaganda.

The whole scrutiny or order was ambush - filled out of time - and it seem tangential to the case- then judges ambushed everyone and uses it to make the decision. There is nothing being said about the petition and evidence.
Lol! :D Stop changing tune. I should link to the election petition thread where you were shouting that IEBC has no duty to provide access and NASA can go hung. I told you this info was public property, not Chebukati's private bank account, and you kept shouting.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Omollo on September 20, 2017, 12:21:29 PM
The application was NOT filed out of time! In event it was, why didn't Uhuru object and do you have a copy of the objection?
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 12:21:49 PM
Personal commentary
Mwilu is saying Chebukati fatally misinterpreted or misapplied Kiai ruling
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 12:22:36 PM
What does verify mean here? Check for signatures or what exactly.
Mwilu- Chairperson is not restrained or barred from verification of results from CTC, or receive the results by the Kiai case.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 12:23:10 PM
Mwilu- no logical explanation for absence for forms 34A used to prepare 34B which was used to generate 34C

Why did manually transmitted forms arrive faster then electronic ones :lolz:
I asked our dear Pundit this question and he rubbished me. How did they even come up with form 34C bila all the 34Bs which could not exist bila all the 34As?  :D
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 12:23:56 PM
And way he wants to throw Chiloba under the bus. He need to RESPOND and EXPLAIN.
Personal commentary
Mwilu is saying Chebukati fatally misinterpreted or misapplied Kiai ruling
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Omollo on September 20, 2017, 12:24:13 PM
Invalid Tweet ID
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 12:24:51 PM
What does verify mean here? Check for signatures or what exactly.
Mwilu- Chairperson is not restrained or barred from verification of results from CTC, or receive the results by the Kiai case.

I started a thread Forms 34A or 34B precisely to answer this.

My view is the Kiai ruling was contradictory.

Logical contradiction easily picked by a layman eye. Look it up and see if I make sense
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 12:25:38 PM
Chebukati and everyone thought Maina kia rulling meant Form 34As were only needed to make form 34B - which then become final - and is used to make form 34C.

Now the gang of four are saying the FINAL results declared should be verified?

I asked our dear Pundit this question and he rubbished me. How did they even come up with form 34C bila all the 34Bs which could not exist bila all the 34As?  :D
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 12:26:09 PM
And way he wants to throw Chiloba under the bus. He need to RESPOND and EXPLAIN.
Personal commentary
Mwilu is saying Chebukati fatally misinterpreted or misapplied Kiai ruling

This is even BIGGER than any fault on Chilobas side
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Omollo on September 20, 2017, 12:26:22 PM
Personal commentary
Mwilu is saying Chebukati fatally misinterpreted or misapplied Kiai ruling
He was ordered to defy it.

"Complimentary" method thrown of the cliff...
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 12:27:18 PM
Chebukati and everyone thought Maina kia rulling meant Form 34As were only needed to make form 34B - which then become final - and is used to make form 34C.

Now the gang of four are saying the FINAL results declared should be verified?

I asked our dear Pundit this question and he rubbished me. How did they even come up with form 34C bila all the 34Bs which could not exist bila all the 34As?  :D

What exactly is the purpose of forms 34B in this case?
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 12:28:04 PM
Personal commentary
Mwilu is saying Chebukati fatally misinterpreted or misapplied Kiai ruling
He was ordered to defy it.

"Complimentary" method thrown of the cliff...
Not on transmission but on necessity of forms 34A at NTC
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Omollo on September 20, 2017, 12:28:31 PM
please read Maina Kiai before you die! It will help you.

Chebukati and everyone thought Maina kia rulling meant Form 34As were only needed to make form 34B - which then become final - and is used to make form 34C.

Now the gang of four are saying the FINAL results declared should be verified?
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 12:28:38 PM
Making a meal about verifiablity and accontability.

Election used to be about being free and fair. We know have to make it verifiable and accountable. That is new one.

You have to verify final results from polling station.
You have to verify final results from RO.

And how do you that - I wish they can come up with criteria to verify these final results.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 12:29:06 PM
Mwilu-IEBC failed or neglected to electronically transmit

Voter registration and voting was LEGIT
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 12:30:20 PM
Underwhelming. Nothing on Uhuru.

Election was free and fair - but we cannot verify  :D :D

Total BOLLOX.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 12:30:35 PM
Mwilu- election not conducted in accordance with constitutional principles
Not transparent,nor verifiable

No option but to invalidate/nullify the election

Mwilu is done
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 12:31:24 PM
Maraga - Illegalities and irregularities.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 12:31:47 PM
Maraga on illegalities and irregularities

Illegalities- breach of the law
Irregularities- violation of specific regulations
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 12:32:17 PM
I saw Jubilee and IEBC lawyers nearly chuckle. Like seriously nigga - you invalidate election coz of that?
Mwilu- election not conducted in accordance with constitutional principles
Not transparent,nor verifiable

No option but to invalidate/nullify the election

Mwilu is done
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 12:35:30 PM
Chebukati and everyone thought Maina kia rulling meant Form 34As were only needed to make form 34B - which then become final - and is used to make form 34C.

Now the gang of four are saying the FINAL results declared should be verified?

I asked our dear Pundit this question and he rubbished me. How did they even come up with form 34C bila all the 34Bs which could not exist bila all the 34As?  :D
But HOW did he come up with 34 C? Which results was he using?
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 12:36:23 PM
Illegalities - Use of public resources in campaign - advertisement  -  improper influence. No determination - Raila has not adduced evidence.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Omollo on September 20, 2017, 12:36:54 PM
They should choke.
I saw Jubilee and IEBC lawyers nearly chuckle. Like seriously nigga - you invalidate election coz of that?
Mwilu- election not conducted in accordance with constitutional principles
Not transparent,nor verifiable

No option but to invalidate/nullify the election

Mwilu is done
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 12:37:51 PM
You're obtuse. Form 34B. That is all we agreed in Maina Kia rulling. In fact we all knew Chebukati can watch the news of ROs announcing the result and go ahead to make final declaration.
But HOW did he come up with 34 C? Which results was he using?
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: bryan275 on September 20, 2017, 12:37:56 PM
I still think that the 3rd Respondent should have been found culpable of the illegalities that led to the nullification of the results.  He's the elephant in the room.  A BIG electoral thief that should have been dealt with.  As it is, he's gone onto threaten everyone involved and further damaged the process.  Had the court dealt with him, perhaps we would have avoided the circus that we have been treated to.

Jail Uhuruto..
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 12:39:18 PM
Maraga-Undue/improper influence,voter bribery and intimidation

On advertisement of achievements
Achievements are no campaign tool

-Petitioner never gave any evidence. Ngai!
-The case is pending in high court  and SCOK cant adjudicate on matter before high court
- petitioner failed to act on this but he says he wrote to Chebukati....

SCOK is UNABLE to address its mind to this
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 12:40:13 PM
You're obtuse. Form 34B. That is all we agreed in Maina Kia rulling. In fact we all knew Chebukati can watch the news of ROs announcing the result and go ahead to make final declaration.
But HOW did he come up with 34 C? Which results was he using?
You're uncouth and uncultured, as usual, matusi at the tip of the tongue. Which 34Bs when there were no 34As?
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: bryan275 on September 20, 2017, 12:43:11 PM
You're obtuse. Form 34B. That is all we agreed in Maina Kia rulling. In fact we all knew Chebukati can watch the news of ROs announcing the result and go ahead to make final declaration.
But HOW did he come up with 34 C? Which results was he using?
You're uncouth and uncultured, as usual, matusi at the tip of the tongue. Which 34Bs when there were no 34As?


I am not sure why you're having a legal debate/exchange when it's now common knowledge that forms 34s were ALL forged.  Once forgery has been confirmed, the numbers contained on the forged forms become useless. 

 
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 12:44:06 PM
Which part of final do not understand? If you job is to send me a final report - do I ask for drafts? These gang of four are saying you Chebukati should not trust his officers and should re-do his work - but hey you can't alter the results - so if you discover problems in the final results - say form 34B doesn't tally up with form 34A - WHAT DO YOU DO? Reject the results? Order for new election
You're uncouth and uncultured, as usual, matusi at the tip of the tongue. Which 34Bs when there were no 34As?
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 12:46:07 PM
Which part of final do not understand? If you job is to send me a final report - do I ask for drafts? These gang of four are saying you Chebukati should not trust his officers and should re-do his work - but hey you can't alter the results - so if you discover problems in the final results - say form 34B doesn't tally up with form 34A - WHAT DO YOU DO? Reject the results? Order for new election
You're uncouth and uncultured, as usual, matusi at the tip of the tongue. Which 34Bs when there were no 34As?
So you admit 34 Bs were invented/forged/fake and then Chebu had no choice but to use them, no? WHERE did those results come from if not 34As which were untransmitted? You are focussed on clearing Chebukati instead of clearing the RESULTS, lol! :D
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 12:46:35 PM
Canvassing for candidates cannot be undue influence.  Still waiting for illegatiies
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: bryan275 on September 20, 2017, 12:48:23 PM
Which part of final do not understand? If you job is to send me a final report - do I ask for drafts? These gang of four are saying you Chebukati should not trust his officers and should re-do his work - but hey you can't alter the results - so if you discover problems in the final results - say form 34B doesn't tally up with form 34A - WHAT DO YOU DO? Reject the results? Order for new election
You're uncouth and uncultured, as usual, matusi at the tip of the tongue. Which 34Bs when there were no 34As?

Clearly Chebukati failed to carry out basic due diligence of the forms... didn't he find it odd that some of the forms lacked the basic IEBC security features?  He should be censored for that failure alone.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 12:49:14 PM
Maraga - continued.....undue influence

on threatening chiefs in makueni
3rd respondent/Uhuru- chiefs were campaigning for NASA,and he was responding to this

Case law, Indian penal code bla de bla......

Uhurus explanation was NEVER challenged

Petitioner has not proved his case

SCOK is unable to make any conclusive finding
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 12:50:43 PM
More obtuseness. I am saying Chebukati thought he didn't need to see 34As - because his assumption is that form 34Bs he got from ROs - were derived from 34As - and according to lower courts - he needed to trust his officials - and if anybody dispute them final results - 34A or 34B - then those POs or ROs who cooked this - would be responsible.

And that is now water under the bridge. We are into Maina 3 (SCOK).

And so I am asking - again stop acting like a damn fool - and listen - so in this new regime - of MAINA kIA 3 - what exactly should chebukati do if he discover the form 34 As or form 34Bs are forged or faked or have errors when he is handicapped from altering or varying any of these forms?

The law only talk about rejecting votes from 34A or 34B where it exceed registered votes.  Maina Kia 1 & 2 - say if there are errors or forged forms - then POs or ROs will be taken to court for criminal offence.

Now answer me - what should chebukati do - if  discover there is a problem in FORM 34A or FORM 34B ?

So you admit 34 Bs were invente/forged and then Chebu had no choice but to use them, no?
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 12:51:20 PM
Maraga- undue influence continued
Voter bribery by reparations to IDPs

No evidence Uhunye acted in any inappropriate manner


Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 12:55:48 PM
More obtuseness. I am saying Chebukati thought he didn't need to see 34As - because his assumption is that form 34Bs he got from ROs - were derived from 34As - and according to lower courts - he needed to trust his officials - and if anybody dispute them final results - 34A or 34B - then those POs or ROs who cooked this - would be irresponsible.

And that is now water under the bridge.

And so I am asking - again stop acting like a damn fool - and listen - so in this new regime - of MAINA kIA 3 - what exactly should chebukati do if he discover the form 34 As or form 34Bs are forged or faked or have errors.

So you admit 34 Bs were invente/forged and then Chebu had no choice but to use them, no?
Talk about obtuseness: You are focussed on clearing Chebukati instead of the RESULTS, LOL! :D So, there were no 34As, meaning there could not be 34Bs, yet you have no problem with this. Chebukati should have at least had ALL the forms in hand before any declaration. If he found something that he could not cure, he was free to go to court. I am glad, though, that you have finally admitted that the 34Bs were fake and not the result of tallies. :D
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 12:58:28 PM
Maraga- undue influence continued
Use of cabinet secretaries

CSs variously states that there was no law against campaigning for Uhunye

SCOK can offer advisory opinion on matters before it

Parties must be bound by their pleadings, petitioners never pleased unconstitutionality of the relevant sections

SCOK is unable to find Sec 23 is unconstitutional

Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 01:00:44 PM
Maraga- undue influence continued
Use of cabinet secretaries

CSs variously states that there was no law against campaigning for Uhunye

SCOK can offer advisory opinion on matters before it

Parties must be bound by their pleadings, petitioners never pleased unconstitutionality of the relevant sections

SCOK is unable to find Sec 23 is unconstitutional
Essentially, he is saying they should have gone to the High Court first.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 01:01:48 PM
 Again Chebukati can speak for himself.  He said at the time he was making announcement - he didn't have the forms neither did he think he needed to any them. He had form 34bs. Eventually though - he did get ALL FORM 34As and FOrm 35Bs - which he presented to the court - as soon as anybody did petition.  I don't know if anybody has admitted to fake or forged forms. I haven't. Nobody has impugned the content of those forms. Chiloba has explained they were destroyed by printing and ROs had to make-shift forms. That only explanation we have - ROs fumbled with original forms - and someone got them make-shift forms.
Talk about obtuseness: You are focussed on clearing Chebukati instead of the RESULTS, LOL! :D So, there were no 34As, meaning there could not be 34Bs, yet you have no problem with this. Chebukati should have had at least had ALL the forms in hand before any declaration. If he found something that he could not cure, he was free to go to court. I am glad, though, that you have finally admitted that the 34Bs were fake and not the result of tallies. :D
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Omollo on September 20, 2017, 01:02:50 PM
Pundit has NOT read or bothered to understand:
1. Maina Kiai Judgment
2. Section 39 - Elections Act
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Omollo on September 20, 2017, 01:04:09 PM
Another LIE!

Chebukati said he had all the results all the forms etc. Someone will post the video for you to see.

Again Chebukati can speak for himself.  He said at the time he was making announcement - he didn't have the forms neither did he think he needed to any them. He had form 34bs. Eventually though - he did get ALL FORM 34As and FOrm 35Bs - which he presented to the court - as soon as anybody did petition.  I don't know if anybody has admitted to fake or forged forms. I haven't. Nobody has impugned the content of those forms. Chiloba has explained they were destroyed by printing and ROs had to make-shift forms.
Talk about obtuseness: You are focussed on clearing Chebukati instead of the RESULTS, LOL! :D So, there were no 34As, meaning there could not be 34Bs, yet you have no problem with this. Chebukati should have had at least had ALL the forms in hand before any declaration. If he found something that he could not cure, he was free to go to court. I am glad, though, that you have finally admitted that the 34Bs were fake and not the result of tallies. :D
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 01:04:25 PM
Thanks my virtual secretary for keeping tabs on my reading list.
Pundit has NOT read or bothered to understand:
1. Maina Kiai Judgment
2. Section 39 - Elections Act
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Omollo on September 20, 2017, 01:05:00 PM
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 01:05:24 PM
Post though it's water under the bridge. I'd to know what Chebukati will do on 17th October.
Another LIE!
Chebukati said he had all the results all the forms etc. Someone will post the video for you to see.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 01:07:35 PM
Magara - booring - just forms NOT SUBSTANCE. Still waiting to hear how this illegal.

Still on integrity and verifiability?
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Omollo on September 20, 2017, 01:07:50 PM
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 01:08:58 PM
Again Chebukati can speak for himself.  He said at the time he was making announcement - he didn't have the forms neither did he think he needed to any them. He had form 34bs. Eventually though - he did get ALL FORM 34As and FOrm 35Bs - which he presented to the court - as soon as anybody did petition.  I don't know if anybody has admitted to fake or forged forms. I haven't. Nobody has impugned the content of those forms. Chiloba has explained they were destroyed by printing and ROs had to make-shift forms. That only explanation we have - ROs fumbled with original forms - and someone got them make-shift forms.
Talk about obtuseness: You are focussed on clearing Chebukati instead of the RESULTS, LOL! :D So, there were no 34As, meaning there could not be 34Bs, yet you have no problem with this. Chebukati should have had at least had ALL the forms in hand before any declaration. If he found something that he could not cure, he was free to go to court. I am glad, though, that you have finally admitted that the 34Bs were fake and not the result of tallies. :D
LOL! So the 34Bs were first compiled by the help of the holy spirit who told the officers what the untransmitted results still out would be and they got it right. Praise God! :D I'm glad you believe in miracles.

No one has impugned the content: do you know IEBC gave different forms for the same stations?   
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Omollo on September 20, 2017, 01:09:39 PM
Meanwhile:
Invalid Tweet ID
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 01:10:59 PM
I give up on you. You're too bone-headed to engage me.
LOL! So the 34Bs were first compiled by the help of the holy spirit who told the officers what the untransmitted results still out would be and they got it right. Praise God! :D
No one has impugned the content: do you know IEBC gave different forms for the same stations?   
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Omollo on September 20, 2017, 01:11:20 PM
Invalid Tweet ID
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Omollo on September 20, 2017, 01:12:29 PM
Kassait thrown off the cliff. Now permanently to be known as a LIAR. Her position in IEBC or any other public service untenable:

Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 01:14:04 PM
Only if she knew before hand that some ROs had made their own forms - then she would be guilty of prejury. If she assumed that all ROs or POs used the original forms and only discovered like everyone else during scrutiny that some didn't - then she would not be guilty of lying.

Invalid Tweet ID
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Omollo on September 20, 2017, 01:15:30 PM
If you read her affidavit she not only knew but she touched each and every form.  Her affidavit is extremely detailed.
Only if she knew before hand that some ROs had made their own forms - then she would be guilty of prejury.
Invalid Tweet ID
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 01:16:54 PM
I don't recall that - I recall she had a section where she explained the forms had several security features made by the printer. I don't recall saying she verified the forms. In any case lessons learnt here - is that IEBC need to have more than one original form - send to ROS - just in case one gets damaged - and then IEBC need to verify those forms.
If you read her affidavit she not only knew but she touched each and every form.  Her affidavit is extremely detailed.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 01:19:29 PM
I give up on you. You're too bone-headed to engage me.
LOL! So the 34Bs were first compiled by the help of the holy spirit who told the officers what the untransmitted results still out would be and they got it right. Praise God! :D
No one has impugned the content: do you know IEBC gave different forms for the same stations?   
You claim that 34Bs were CORRECTLY guessed before tallies. I wish I had half your faith :D
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Omollo on September 20, 2017, 01:19:52 PM
You did not. I just fimd it funny considering you posted here that you had READ her affidavit. Well if you had read it you would find that she could not write what she wrote without looking at each and every form. Perhaps she did not expect the SCOK to verify the forms.
I don't recall that - I recall she had a section where she explained the forms had several security features made by the printer. I don't recall saying she verified the forms. In any case lessons learnt here - is that IEBC need to have more than one original form - send to ROS - just in case one gets damaged - and then IEBC need to verify those forms.
If you read her affidavit she not only knew but she touched each and every form.  Her affidavit is extremely detailed.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 01:20:34 PM
Magara continue with underwhelming judgement.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Omollo on September 20, 2017, 01:22:09 PM
Magara continue with underwhelming judgement.
You expected him to find against his earlier determination?
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 01:22:29 PM
I am not Chebukati. Chebukati said Maina Kia rulling meant he just needed form 34B. Because they were FINAL. Even if he got form 34As and found them to have discrepancy - the law said the FORM 34B before you is FINAL FINAL FINAL. So what purpose would having form 34As be....except in court petition?
You claim that 34Bs were CORRECTLY guessed before tallies. I wish I had half your faith :D
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 01:23:09 PM
I expected to hear exactly these tortured arguments.
You expected him to find against his earlier determination?
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 01:25:26 PM
He concludes by saying they cannot help Raila become PORK after invalidating election for the flimiest reasons ever.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 01:26:09 PM
Maraga- Irregularities

Most serious is no security features
Abundance of caution as per Muite  is bullshiet

Scrutiny exercise
-Carbon copies,photocopies,no stamps...
-481/4000 forms carbon copies .
261 not signed
46 not signed
58 not stamped
56 had no water mark
-Some were not signed and no explanation was given
-Form 34c had no security features
- hand over Section not done suggesting little verification
-Respondents challenged that the results were not contested


Skipping to the actual ruling
-No plausible explanation for discrepancies in the forms
-Discrepancies were widespread
- Elections are the surest way through which the people express their sovereignty
- Not every irregularities or infraction is enough to nullify the election
-are irregularities of such a nature/magnitude to affected the result OR INTEGRITY?
-inquiry into potential effect of any irregularities is good judicial practice
-56/290forms 34b had no security features
- form 34c was not free from doubts of authenticity...no serial number or watermark.
-Quality is important just as quantity


Illegalities and irregularities were of such a nature that no court can in good conscience declare that they dont matter than the will of the people was expressed.

Results can be overturned if a petitioner can show that it was not conducted in accordance to the constitution and election laws.

IEBC has a heavy but noble constitutional mandate
Complimentary system must be according to sec 44A of Elections Act
Greatness of a nation lies in the fidelity to its constitution,rule of law and fear of God
Invalidation of results is delegated by the people to the court
We have not overturned the will of the people nor lowered the threshold
We will reach the same decision on a similar dispute  if the anomalies remain
14 days are too few to hear and determine a petition , legislature ignored these please

Dissenting opinions



Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 01:28:03 PM
I am not Chebukati. Chebukati said Maina Kia rulling meant he just needed form 34B. Because they were FINAL. Even if he got form 34As and found them to have discrepancy - the law said the FORM 34B before you is FINAL FINAL FINAL. So what purpose would having form 34As be....except in court petition?
You claim that 34Bs were CORRECTLY guessed before tallies. I wish I had half your faith :D
Sawa baba. Keep pretending not to get the point I'm making. It helps in pretending the results were genuine from-the-ground-up results and not reverse-engineered kule juu at constituency and national levels. All the best! :D
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 01:29:31 PM
He seem to say the petitioner doesn't have the proof of burden - that IEBC have burden to proof that election was free, fair, verifiable, bla bla, It turning the law on it's head.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 01:30:24 PM
Push that nonsense elsewhere. Show  me one faked results. If the results are in non-secure paper - does it mean the results is faked? The results is the content on the form. Nobody has yet to impugne any such content..I want to hear the votes in Kapsengere primary were not the real results.
Sawa baba. Keep pretending not to get the point I'm making. It helps in pretending the results were genuine from-the-ground-up results and not reverse-engineered kule juu at constituency and national levels. All the best! :D
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 01:31:14 PM
He seem to say the petitioner doesn't have the proof of burden - that IEBC have burden to proof that election was free, fair, verifiable, bla bla, It turning the law on it's head.
Correction: He's restoring the law after Mutungaroo games in 2013.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 01:33:47 PM
Magara; Let this judgement be read in context - they shifted the burden to IEBC - mmm they know it bure BS and are warning others not to call.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 01:35:07 PM
Magara: 14 days is too short a time. They could have done a recount or ballot scrutiny but we were time-barred.

More lame excuses.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 01:38:10 PM
Prof Ojwang now on his dissenting opinion.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 01:38:37 PM
Push that nonsense elsewhere. Show  me one faked results. If the results are in non-secure paper - does it mean the results is faked? The results is the content on the form. Nobody has yet to impugne any such content..I want to hear the votes in Kapsengere primary were not the real results.
Sawa baba. Keep pretending not to get the point I'm making. It helps in pretending the results were genuine from-the-ground-up results and not reverse-engineered kule juu at constituency and national levels. All the best! :D
Of course :D R.O. magically knew all Kapsangere results and friends and final tally. Don't let me interfere with your faith, good believer. :D
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 01:39:02 PM
Prof Ojwang says the decision is awful - political - or paid short-drift of the law.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 01:44:08 PM
Prof Ojwanga - majority influence by dissenting opinion in some court.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 01:47:43 PM
Prof Ojwanga - majority influence by dissenting opinion in some court.
???????
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 01:59:15 PM
Dissenting opinion- Ojwang
Setting out the case. Negro is meticulous
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 02:01:32 PM
I hope he knows we don't have the whole day. Summarize and release the document.
Dissenting opinion- Ojwang
Setting out the case. Negro is meticulous
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 02:04:21 PM
I hope he knows we don't have the whole day. Summarize and release the document.
Dissenting opinion- Ojwang
Setting out the case. Negro is meticulous
I agree. I still haven't heard an argument...his, that is. He is still relaying what was presented but I don't yet know what he thinks about any of it. Too long!
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 02:12:18 PM
Ojwang started at 1328H,and hes still at it as at 1412H.

Now hes into the affidavits  :o
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 02:14:27 PM
Ojwang started at 1328H,and hes still at it as at 1412H.
And we still don't know what HE thinks about the claims/submissions/evidence he is relaying.  :D
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 02:20:01 PM
Now hes onto respondents!!!!!
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 02:21:36 PM
Prof. Ojwang belongs in a university writing treatises and not judgments. He is so verbose.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 02:27:45 PM
I wonder if Njoki is also planning to present her own opinion. I really hope she doesn't also decide to spend an hour giving us the intellectual history of the 2017 petition before she gets to her points.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: bryan275 on September 20, 2017, 02:40:51 PM
I wonder if Njoki is also planning to present her own opinion. I really hope she doesn't also decide to spend an hour giving us the intellectual history of the 2017 petition before she gets to her points.

Njoks needs to communicate to the nation the Mortician's Opinion and veiled threats.  She will be speaking.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Omollo on September 20, 2017, 02:42:11 PM
Quote
Ojwang: If the square of XQY(2bc) equals QA into the square root of X, then the progressive forces must prevail over the reactionary in the span of .32 of a single generation.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: bryan275 on September 20, 2017, 02:47:18 PM
I hear bees sympathetic to Maraga have attacked the rioting jubilidiots outside the court.

lol
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: bryan275 on September 20, 2017, 02:49:10 PM
Ojwang earning his dosh hadharani...When will somebody petition the court to expose the backhander accepting justices?
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Omollo on September 20, 2017, 02:52:26 PM
Invalid Tweet ID
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Omollo on September 20, 2017, 02:53:23 PM
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Omollo on September 20, 2017, 02:59:20 PM
Jackton Ojwang laboring to find for Uhuru. What a pity! He is so naive as to believe the crap he was fed in affidavits.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 03:24:18 PM
Prof./Justice. Ojwang's students are all respecting/praising him on twitter be they NASA/Jubilee. I respect him and he didnt personally teach me but honestly if this is how he did his lectures they must have been torturous.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 03:24:40 PM
What is Jackson doing?
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 03:26:48 PM
What is Jackson doing?
Trying to send the whole country to sleep. That way there's peace. :D But seriously, he is just TELLING us what everybody and their mother said. So far.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 03:38:42 PM
What is Jackson doing?
Trying to send the whole country to sleep. That way there's peace. :D But seriously, he is just TELLING us what everybody and their mother said. So far.
I have recorded the entire thing and my phone memory is almost full thanks to this negro.

Anyways, I hope he will make the wait worthwhile
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 03:39:50 PM
Ojwang-Did the petitioner discharge the evidential burden?
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 03:54:25 PM
Ojwang-
Petitioner resort to broad assertions
Facts are primarily electronic transmission as opposed to physical...ballot
Petitioners woes have been responded to by respondents

Petitioners do not seek ascertainment of true number of votes cast
Petitioners focus the burden of their case on apprehensions of security of transmission system
Use of manual ballot paper meets conditions of transparency accountable.....
Petitioners are on weak ground compared to respondents
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 03:56:38 PM
Ojwang is a geek; I have gone for root canal and he still reading it. Does the guy have any social skills. But nevertheless he is one of the brilliant judges we got. Not the maragas and mwilus.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kim Jong-Un's Pajama Pants on September 20, 2017, 03:58:15 PM
Ojwang is a geek; I gone for root canal and he still reading it. Does the guy have any social skills. But nevertheless he is one of the brilliant judges we got. Not the maragas and mwilus.

He is filibustering.  A loveable dinosaur.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 04:01:37 PM
Ojwang credential cannot be impeached. His long tenure at UON law campus speak for itself. He remain one of the brilliant judges who cannot sway to tribal nonsense. He is only jjudge with doctor of law degree.
He is filibustering.  A loveable dinosaur.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 04:08:47 PM
Lenaola was brilliant just before petition.

Doctor of laws means the man likes his books. Should have stayed at Uni punishing lazy students with long lectures and writing books.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 04:12:02 PM
On the bright side: Justice Ojwang has reunited with substance over procedure after a long separation. Praise God! :D
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kichwa on September 20, 2017, 04:14:11 PM
Doctorate of Law is usually not necessary in a court room, actually Ojwang is proving that  its an impediment. Although the US constitution does not require the SCOTUS justices to be lawyers, the practice has always been overwhelmingly to nominate career judges. They have stayed away from law professors and now I understand why. 

Ojwang credential cannot be impeached. His long tenure at UON law campus speak for itself. He remain one of the brilliant judges who cannot sway to tribal nonsense. He is only jjudge with doctor of law degree.
He is filibustering.  A loveable dinosaur.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 04:15:02 PM
His may be long but written itll be quite easy to get to skip the elements of the case and get to his reasoning
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 04:15:24 PM
Lenaola & Smokin are biggest let down for me. Magara and Mwilu don't have the depth.
Lenaola was brilliant just before petition.

Doctor of laws means the man likes his books. Should have stayed at Uni punishing lazy students with long lectures and writing books.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 04:17:36 PM
His may be long but written itll be quite easy to get to skip the elements of the case and get to his reasoning
Thats true.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kim Jong-Un's Pajama Pants on September 20, 2017, 04:17:57 PM
Lenaola was brilliant just before petition.

Doctor of laws means the man likes his books. Should have stayed at Uni punishing lazy students with long lectures and writing books.

Yep.  He should have summarized it.  Save the lectures for class.  His conservative argument is that the will of the people is what matters.  Screw the process.  Talks of counting ballots and what have you.  There is a school of people that still believes bits and bytes are not real things.

Mwilu is not as well spoken.  She makes up for it with a sharp mind and pragmatism.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 04:19:41 PM
But I dont judge Ojwang; what the other 3 before him did was to skip parts of their bits. Quite possible they are long. Ojwang does not seem to be skipping nothing. Spent close to two hours if Im not mistaken on elements of the case
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 04:22:38 PM
Lenaola was brilliant just before petition.

Doctor of laws means the man likes his books. Should have stayed at Uni punishing lazy students with long lectures and writing books.

Yep.  He should have summarized it.  Save the lectures for class.  His conservative argument is that the will of the people is what matters.  Screw the process.  Talks of counting ballots and what have you.  There is a school of people that still believes bits and bytes are not real things.

Mwilu is not as well spoken.  She makes up for it with a sharp mind and pragmatism.
Yes. She knows exactly what the bottom line is in any mass of arguments/debates: clean-slicing data. What matters is not the English. Just the reasoning.  :D
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 04:25:01 PM
But I dont judge Ojwang; what the other 3 before him did was to skip parts of their bits. Quite possible they are long. Ojwang does not seem to be skipping nothing. Spent close to two hours if Im not mistaken on elements of the case
For sure. But he spent that long just to relay the cases and evidence of all parties orally...unnecessary. He should have surmarized the parties positioms and highlighted the specific evidences he found pertinent as he gave his arguments. Last 2 hours was unnecessary.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 04:27:42 PM
This Ojwang guy is crazy. This is his PHD
(http://nairobiwire.com/wp-content/uploads/2015/09/Jackton-Ojwang-1.jpg)
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 04:28:09 PM
Ojwang-
Proposes Everything must revolve around ballot boxes
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 04:32:47 PM
Ojwang-
Proposes Everything must revolve around ballot boxes
Yep! What I'm getting. Verification, transmission, etc dont amount to much. IEBC can just ignore them and all relevant laws.

 In all fairness to IEBC, its this exact attitude by this court in 2013 giving them a blank check that probably made them so lax in discharging their duties this time around.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 04:35:59 PM
This Ojwang guy is crazy. This is his PHD
(http://nairobiwire.com/wp-content/uploads/2015/09/Jackton-Ojwang-1.jpg)
French and Greek PhD theses are typically that big. Not British based universities though. That size is indeed strange. Most UK/commonwealth would require about 100,000 words or a few hundred pages. Is Ojwang a Ph D or Doctor of Laws? In common law those two tend to be very different. Doctor of laws often dont present theses for defending. Its usually a distinguished body of work done over a life time/lengthy period.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 04:42:28 PM
Ojwang
Majority have made a precarious move...

A clear departure from the state of evidence

There should have been a recount

Burden of proof was undischarged

Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kichwa on September 20, 2017, 04:44:36 PM
This case did not require a lot of depth. It just required someone to honestly and competently apply the law to the facts. The petitioners proved that the elections did not meet the requirements of a valid elections as described in the constitutions, the enabling statutes and regulations.  IEBC needs to clean its house and try again. I do not  know if they can do that within 60 days because IEBC is a swamp and needs to be drained. This court may have saved the trajectory of sham elections that Ruto and Ouru wanted to take this country.  We now know how elections are stolen and how to monitor these thieves.  All we need now is a prosecution for violation of election laws so that we can stop the impunity part of it.

This time NASA is very ready for them. They must follow the law or we will be back in court again and this court has made it clear that they will not be intimidated by ourutu and their goons.

Lenaola & Smokin is biggest let down for me. Magara and Mwilu don't have the depth.
Lenaola was brilliant just before petition.

Doctor of laws means the man likes his books. Should have stayed at Uni punishing lazy students with long lectures and writing books.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 04:45:56 PM
Ojwang-
Proposes Everything must revolve around ballot boxes
Yep! What I'm getting. Verification, transmission, etc dont amount to much. IEBC can just ignore them and all relevant laws.

 In all fairness to IEBC, its this exact attitude by this court in 2013 giving them a blank check that probably made them so lax in discharging their duties this time around.

He says it is the starting point.
Integrity of elections should start with the ballot and then move to processes.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: bryan275 on September 20, 2017, 04:46:05 PM
Ojwang-
Proposes Everything must revolve around ballot boxes
Yep! What I'm getting. Verification, transmission, etc dont amount to much. IEBC can just ignore them and all relevant laws.

 In all fairness to IEBC, its this exact attitude by this court in 2013 giving them a blank check that probably made them so lax in discharging their duties.

I think minimising the underlying reasons why we are all hang up on transmission is ignoring the fact that all these systems were designed to completely eliminate the movement of ballot boxes until after the count.  For good reason too, considering that:

1) ballots multiplied enroute

2) ballots went missing enroute

and in this instance the disapearing forms 34s..

We have a culture of rigging our elections at different points of the process.

This is basic stuff.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 04:46:33 PM
Ojwang
Majority have made a precarious move...

A clear departure from the state of evidence

There should have been a recount

Burden of proof was undischarged
But he doesnt say why that evidence was wanting. These are unsurported assertions. The courts own scrutiny revealed problems affecting millions but doesnt say why that is not significant to affect the outcome. He is talking of generalities while he is busy making them. This is intended to tickle non-lawyers and perhaps be part of academic debates. It is surely not intended for lawyers.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: bryan275 on September 20, 2017, 04:47:08 PM
Ojwang-
Proposes Everything must revolve around ballot boxes
Yep! What I'm getting. Verification, transmission, etc dont amount to much. IEBC can just ignore them and all relevant laws.

 In all fairness to IEBC, its this exact attitude by this court in 2013 giving them a blank check that probably made them so lax in discharging their duties this time around.

He says it is the starting point.
Integrity of elections should start with the ballot and then move to processes.

That's true, but also must be taken in its entirety.  If any part of the sequence is compromised, then the whole process is damaged.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kim Jong-Un's Pajama Pants on September 20, 2017, 04:47:20 PM
I hear bees sympathetic to Maraga have attacked the rioting jubilidiots outside the court.

lol

I am trying hard not to laugh.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: bryan275 on September 20, 2017, 04:47:41 PM
He's quoted my fav chap Mansfield QC.  He would never work for the thieving bastards...
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 04:48:38 PM
Ojwang-
Proposes Everything must revolve around ballot boxes
Yep! What I'm getting. Verification, transmission, etc dont amount to much. IEBC can just ignore them and all relevant laws.

 In all fairness to IEBC, its this exact attitude by this court in 2013 giving them a blank check that probably made them so lax in discharging their duties.

I think minimising the underlying reasons why we are all hang up on transmission is ignoring the fact that all these systems were designed to completely eliminate the movement of ballot boxes until after the count.  For good reason too, considering that:

1) ballots multiplied enroute

2) ballots went missing enroute

and in this instance the disapearing forms 34s..

We have a culture of rigging our elections at different points of the process.

This is basic stuff.
Exactly. He is saying parliament's purpose in enacting electoral laws dont matter.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kichwa on September 20, 2017, 04:49:05 PM
That's the definition of a brilliant judge.  Ojwang is a brilliant law professor, he is like a fish flapping its fins on land.

Lenaola was brilliant just before petition.

Doctor of laws means the man likes his books. Should have stayed at Uni punishing lazy students with long lectures and writing books.

Yep.  He should have summarized it.  Save the lectures for class.  His conservative argument is that the will of the people is what matters.  Screw the process.  Talks of counting ballots and what have you.  There is a school of people that still believes bits and bytes are not real things.

Mwilu is not as well spoken.  She makes up for it with a sharp mind and pragmatism.
Yes. She knows exactly what the bottom line is in any mass of arguments/debates: clean-slicing data. What matters is not the English. Just the reasoning.  :D
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 04:50:07 PM
Orengo on Mukonmen

Commercial break
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 04:51:41 PM
Njoki looks like shell be done in under 15min
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kim Jong-Un's Pajama Pants on September 20, 2017, 04:52:00 PM
Ojwang-
Proposes Everything must revolve around ballot boxes
Yep! What I'm getting. Verification, transmission, etc dont amount to much. IEBC can just ignore them and all relevant laws.

 In all fairness to IEBC, its this exact attitude by this court in 2013 giving them a blank check that probably made them so lax in discharging their duties this time around.

It's a view that is predicated on what he considers "physical".  If he had been born before the invention of paper and writing, he would have rejected paper ballots in favor of ayes and nays.  I think he entirely misses the efficiency argument.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Omollo on September 20, 2017, 04:54:37 PM
Njoki Ndungu has no business at the SCOK. I said this way back when she was short listed and time has shown I was right. It is one of the few things Pundit and I agree. We went against the grain to state that she was unqualified.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 04:57:49 PM
Ojwang-
Proposes Everything must revolve around ballot boxes
Yep! What I'm getting. Verification, transmission, etc dont amount to much. IEBC can just ignore them and all relevant laws.

 In all fairness to IEBC, its this exact attitude by this court in 2013 giving them a blank check that probably made them so lax in discharging their duties this time around.

He says it is the starting point.
Integrity of elections should start with the ballot and then move to processes.
What does that mean, vooke?
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: bryan275 on September 20, 2017, 04:59:31 PM
Njoki Ndungu has no business at the SCOK. I said this way back when she was short listed and time has shown I was right. It is one of the few things Pundit and I agree. We went against the grain to state that she was unqualified.


Shhhh Omollo, the Mortician's speech is being read.

The mafia needed a spot on the bench.  Njoki provides sufficient Uthamaki presence.  She's highly qualified by virtue of her heritage.  Acha kuuliza mengi.  Besides "Odinga will never be president of Kenya, KKV!"

lol
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 04:59:49 PM
Yeap I don't think she belong here together with Mwilu and Maraga.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 05:04:21 PM
Ojwang-
Proposes Everything must revolve around ballot boxes
Yep! What I'm getting. Verification, transmission, etc dont amount to much. IEBC can just ignore them and all relevant laws.

 In all fairness to IEBC, its this exact attitude by this court in 2013 giving them a blank check that probably made them so lax in discharging their duties this time around.

It's a view that is predicated on what he considers "physical".  If he had been born before the invention of paper and writing, he would have rejected paper ballots in favor of ayes and nays.  I think he entirely misses the efficiency argument.
Yes. Basically, parliament enacted laws to cure certain ills but this dont matter. We will ignore that and come with our own ideas of what entails ills and how they ought to be cured. Still not telling us why the millions of votrs affected by the unsupportable forms dont affect the outcome.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kichwa on September 20, 2017, 05:05:35 PM
I think Maraga and Mwilu belongs. Blame the IEBC and Jubilee lawyers and give credit to the NASA lawyers instead of focusing too much on the judges only.

Yeap I don't think she belong here together with Mwilu and Maraga.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 05:10:28 PM
Njoki and Ojwang position: We start assuming the correctness of the IEBC declaration and raise an impossible standard for rebutting that presumption.

Everyone else: We start by interrogating whether/not the declaration is actually correct. If we find we dont know, then we don't know. If we find in addition that the reason we can't know is that IEBC violated the law, then that makes it worse.

Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 05:10:37 PM
I am not a single-issues like you. This is nothing to do with the petition but I think SCOK we need the very best. There are many serious fundamental issues that will go to supreme court...many non-political..and I want SCOK that has the best brains possible. This magara and mwilu don't belong here...just like Njoki. Even if they rule for Jubilee 10 times...I still doubt they've the credentials to be here.
I think Maraga and Mwilu belongs. Blame the IEBC and Jubilee lawyers and give credit to the NASA lawyers instead of focusing too much on the judges only.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 05:12:48 PM
Magara fumbling around - the what? with the what?  UhuRuto first busines should be to get this monkey off the bench. He should not preside over any other serious case.He is just looping and looping again over the same issues... give us the orders.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kim Jong-Un's Pajama Pants on September 20, 2017, 05:13:38 PM
Lenaola was brilliant just before petition.

Doctor of laws means the man likes his books. Should have stayed at Uni punishing lazy students with long lectures and writing books.

Yep.  He should have summarized it.  Save the lectures for class.  His conservative argument is that the will of the people is what matters.  Screw the process.  Talks of counting ballots and what have you.  There is a school of people that still believes bits and bytes are not real things.

Mwilu is not as well spoken.  She makes up for it with a sharp mind and pragmatism.
Yes. She knows exactly what the bottom line is in any mass of arguments/debates: clean-slicing data. What matters is not the English. Just the reasoning.  :D

She can process information in a way that enables her to discuss things that do not only fall in the legal domain.  I could see her easily understanding things like PGP encryption, as long as you explain it to her.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 05:17:36 PM
What on EARTH is Njoki on about. Seriously?
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kim Jong-Un's Pajama Pants on September 20, 2017, 05:21:07 PM
What on EARTH is Njoki on about. Seriously?

The socialites have to be heard too.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: bryan275 on September 20, 2017, 05:26:13 PM
What on EARTH is Njoki on about. Seriously?

She's reading a speech.... looks like she was even too lazy to pre-read her own "opinion".

Nje kabisa.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 05:40:45 PM
Njoki-Multiple levels of verification
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: bryan275 on September 20, 2017, 05:45:19 PM
I hear bees sympathetic to Maraga have attacked the rioting jubilidiots outside the court.

lol

I am trying hard not to laugh.

I tell you, I thought it was a joke when I first read it... the gods are going nuts about this charade...
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kim Jong-Un's Pajama Pants on September 20, 2017, 05:54:15 PM
Njoker is also on about ballots.  Same mindset as Ojwang.  Why not just go back to the 15 million voters themselves, since people can't be stuffed?
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 05:59:41 PM
I hear bees sympathetic to Maraga have attacked the rioting jubilidiots outside the court.

lol

I am trying hard not to laugh.

I tell you, I thought it was a joke when I first read it... the gods are going nuts about this charade...
I thought so too! :D Had to tell my family it really isnt fake news because it was so bizzarre.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kim Jong-Un's Pajama Pants on September 20, 2017, 06:01:33 PM
I hear bees sympathetic to Maraga have attacked the rioting jubilidiots outside the court.

lol

I am trying hard not to laugh.

I tell you, I thought it was a joke when I first read it... the gods are going nuts about this charade...
I thought so too! :D Had to tell my family it really isnt fake news because it was so bizzarre.

The bees were doing the job of the security the jubilants refused to provide for the court.  I remember how they turned that place into a fortress when they hoped the ruling was going to wind up their way.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 06:04:22 PM
Njoker is also on about ballots.  Same mindset as Ojwang.  Why not just go back to the 15 million voters themselves, since people can't be stuffed?
Lololol! What they are saying. If Chebu wakes up and comes up with a result from a magic hat, or what the holy spirit has whispered to him, its all ok. After all, its all about numbers, not how you get the numbers.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: bryan275 on September 20, 2017, 06:04:50 PM
Njoker is also on about ballots.  Same mindset as Ojwang.  Why not just go back to the 15 million voters themselves, since people can't be stuffed?

I saw some guy during the one of the NASA campaigns saying that he will deliver his vote directly to Bomas, if that's what it took to safeguard it.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: bryan275 on September 20, 2017, 06:05:37 PM
Njoker is also on about ballots.  Same mindset as Ojwang.  Why not just go back to the 15 million voters themselves, since people can't be stuffed?
Lololol! What they are saying. If Chebu wakes up and comes up with a result from a magic hat, or what the holy spirit has whispered to him, its all ok. After all, its all about numbers, not how you get the numbers.


I long concluded that ALL jubilidiots are mad. 
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 06:05:46 PM
I hear bees sympathetic to Maraga have attacked the rioting jubilidiots outside the court.

lol

I am trying hard not to laugh.

I tell you, I thought it was a joke when I first read it... the gods are going nuts about this charade...
I thought so too! :D Had to tell my family it really isnt fake news because it was so bizzarre.

The bees were doing the job of the security the jubilants refused to provide for the court.  I remember how they turned that place into a fortress when they hoped the ruling was going to wind up their way.
I had that same thought too: about the bees replacing police! :D
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: bryan275 on September 20, 2017, 06:07:19 PM
Njoki-Multiple levels of verification

So we take it that the Jubilee dead voters also had an opportunity to verify their registration?
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 06:21:50 PM
I saw this on facebook: Is Ojwang reading a judgment or the budget? :D
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kim Jong-Un's Pajama Pants on September 20, 2017, 06:23:29 PM
I saw this on facebook: Is Ojwang reading a judgment or the budget? :D

He reminded me of US Senate filibusters.  The only thing missing was a glass of water.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 06:31:50 PM
Can someone tell Njoki no one has ever had any issues with voting and counting? That all our laws have been about transmission and tallying?
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: bryan275 on September 20, 2017, 06:40:25 PM
Can someone tell Njoki no one has ever had any issues with voting and counting? That all our laws have been about transmission and tallying?

It's going to be very difficult to undo the decades long and effective communal brainwashing that our brothers have endured.  Or we could just leave them and go to the Peoples' Republic.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Omollo on September 20, 2017, 06:41:14 PM
She is having problems reading "her own" judgment!
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 06:41:33 PM
Njoki tearing down Kiai case
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 07:13:12 PM
I saw this on facebook: Is Ojwang reading a judgment or the budget? :D

He reminded me of US Senate filibusters.  The only thing missing was a glass of water.
I stopped listening to Njoki and rewatched the first bit of the judgments. Justice Maraga asked the advocates and basically everyone for "perm" to SKIP all the descriptive bits of the judgment and only read bits they wanted to emphasize because otherwise, they would be reading it till 6 pm. They all agreed/did not object then Ojwang and Njoki decided to read their full judgments instead. Lol!  :D
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 07:16:56 PM
Ojwang is more eloquent..Njoki is so casual..bad English, lots of hesitation,shes only slightly better than Mwilu
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 07:17:58 PM
Njoki
This mongrel.

Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 07:25:39 PM
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: bryan275 on September 20, 2017, 07:49:12 PM
Njoki has a massive opinion for someone who had no questions to ask during hearings
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 07:54:27 PM
Njoki has a massive opinion for someone who had no questions to ask during hearings
My God, is she still going on? Sheesh! I tuned out. By the way, I just checked out Miguna Miguna's commentary on these judgments in his twitter feed. :D Hilarious.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 07:59:46 PM
Njoki seem to have done her homework. Indeed the majority decision is nothing but politically. They relied on report from registar and ict experts.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 08:03:52 PM


(https://s26.postimg.org/q0oidk8ix/F7279_DE9-_E8_DC-4_FAA-80_A3-16997_D633_B39.jpg)
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 08:13:26 PM
Njoki; Majority should have taken the trouble to examine the forms themselves.
Njoki: The majority decided the case on a tangential issue - that is my exact thinking.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 08:19:28 PM
Njoki burying it.She examined the forms and she found them clean. Magara is pretending to take NOTEs :)
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 08:21:13 PM
Njoki; Verification is done by court - she examines NASA petitions - and has table - where shes compares it- much respect for her. The other fools just took the report from registart and experts - and ran away with it. Totally shameless.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kichwa on September 20, 2017, 08:21:26 PM
OMG!! the decision was made 20 days ago.  Your lawyers did not convince enough judges to win. Give credit to the NASA lawyers where credit is due. There is a reason why Supreme court is the last arbiter because these cases can be argued to the end of the world.  Just take this as a dog beating and move on already.

Njoki; Majority should have taken the trouble to examine the forms themselves.
Njoki: The majority decided the case on a tangential issue - that is my exact thinking.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 08:24:11 PM
The final arbiter is kenyan vote - who will embarrass these judges in few weeks. When Uhuru win again with even bigger margin - then you'll know these judges just wasted our time and money - with horrible decision.
OMG!! the decision was made 20 days ago.  Your lawyers did not convince enough judges to win. Give credit to the NASA lawyers where credit is due. There is a reason why Supreme court is the last arbiter because these cases can be argued to the end of the world.  Just take this as a dog beating and move on already.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kichwa on September 20, 2017, 08:32:34 PM
Yeah! yeah! yawn! yawn!.. meanwhile Maraga is the CJ and in the majority. That means, what he says now is what matters regardless of what you personally think of him, or his intellect.

Chief Justice David Maraga has directed IEBC to put in place a complementary system for the October vote as previous elections had "enormous illegalities and irregularities".

Maraga said the electoral agency should go back to the drawing board before NASA chief Raila Odinga and President Uhuru Kenyatta vie again.

The election has been scheduled for October 17 but this could change.

"In conducting the fresh election, IEBC must conform to the constitution for what is the need of having a constitution when it is not respected?" he asked.

"If anomalies remain, the same court will annul the elections regardless of the aspirants....As it is important to respect the will of the people, it is also important to maintain the purity of an election."

Maraga said irregularities by the commission were of a substantial nature so they cannot be ignored.

"Some forms did not have security features but were said to have been printed by the same printers," he said.

In her address earlier on Wednesday, Deputy Chief Justice Philomena Mwilu said the electoral agency's system was infiltrated and data contaminated.

Read: IEBC's system was infiltrated, restricted access suspicious - Mwilu

Maraga further said IEBC's Immaculate Kassait swore an affidavit misleading the Supreme Court that all forms had security features.

"Where did the security features on the forms declared by the IEBC disappear to?" he posed.



 

He said no reasonable explanation was given as to why some forms lacked the features and asked how a presiding officer failed to append a signature to a document he or she prepared.

"Could the critical documents be considered genuine with no security features? We were left wondering. Form 34C that was used to declare the result was not by itself free from doubts of authenticity," he said.

"Some of the forms used were carbon copies while others were originals hence authenticity could not be guaranteed."

The top court president said that at the end of the day, the elections must reflect the true will of the people whether they are about numbers or laws.

Maraga noted the court cannot nullify elections when errors are minimal, and that no election is perfect, but reiterated irregularities cannot be ignored when they are "enormous".

"Where do all those irregularities leave this election? It is true that where the quantitative difference is manageable, we should not disturb the election. What if the numbers [raise] many unanswered questions? The quality is as important as the quantity."

Maraga said "the greatness of a nation lies not in the might of its army or its economy but its fidelity to its constitution".

"It is our finding, irregularities by IEBC would, in any court applying its right mind, be found unconstitutional."

The CJ has been criticised by many following the September 1 nullification of Uhuru's victory.

He talked tough on Tuesday saying if leaders are tired of a strong and independent Judiciary, they can call a referendum and abolish it all together.



The final arbiter is kenyan vote - who will embarrass these judges in few weeks. When Uhuru win again with even bigger margin - then you'll know these judges just wasted our time and money - with horrible decision.
OMG!! the decision was made 20 days ago.  Your lawyers did not convince enough judges to win. Give credit to the NASA lawyers where credit is due. There is a reason why Supreme court is the last arbiter because these cases can be argued to the end of the world.  Just take this as a dog beating and move on already.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 08:35:27 PM
Whatever measure IEBC put - Uhuru will still win. If Uhuru had rigged this - then I'd be worried. But he has more support than Odinga - and there is nothing IEBC can do about that.
Yeah! yeah! yawn! yawn!.. meanwhile Maraga is the CJ and he gets to make the decisions.

Chief Justice David Maraga has directed IEBC to put in place a complementary system for the October vote as previous elections had "enormous illegalities and irregularities".

Maraga said the electoral agency should go back to the drawing board before NASA chief Raila Odinga and President Uhuru Kenyatta vie again.

The election has been scheduled for October 17 but this could change.

"In conducting the fresh election, IEBC must conform to the constitution for what is the need of having a constitution when it is not respected?" he asked.

"If anomalies remain, the same court will annul the elections regardless of the aspirants....As it is important to respect the will of the people, it is also important to maintain the purity of an election."

Maraga said irregularities by the commission were of a substantial nature so they cannot be ignored.

"Some forms did not have security features but were said to have been printed by the same printers," he said.

In her address earlier on Wednesday, Deputy Chief Justice Philomena Mwilu said the electoral agency's system was infiltrated and data contaminated.

Read: IEBC's system was infiltrated, restricted access suspicious - Mwilu

Maraga further said IEBC's Immaculate Kassait swore an affidavit misleading the Supreme Court that all forms had security features.

"Where did the security features on the forms declared by the IEBC disappear to?" he posed.



 

He said no reasonable explanation was given as to why some forms lacked the features and asked how a presiding officer failed to append a signature to a document he or she prepared.

"Could the critical documents be considered genuine with no security features? We were left wondering. Form 34C that was used to declare the result was not by itself free from doubts of authenticity," he said.

"Some of the forms used were carbon copies while others were originals hence authenticity could not be guaranteed."

The top court president said that at the end of the day, the elections must reflect the true will of the people whether they are about numbers or laws.

Maraga noted the court cannot nullify elections when errors are minimal, and that no election is perfect, but reiterated irregularities cannot be ignored when they are "enormous".

"Where do all those irregularities leave this election? It is true that where the quantitative difference is manageable, we should not disturb the election. What if the numbers [raise] many unanswered questions? The quality is as important as the quantity."

Maraga said "the greatness of a nation lies not in the might of its army or its economy but its fidelity to its constitution".

"It is our finding, irregularities by IEBC would, in any court applying its right mind, be found unconstitutional."

The CJ has been criticised by many following the September 1 nullification of Uhuru's victory.

He talked tough on Tuesday saying if leaders are tired of a strong and independent Judiciary, they can call a referendum and abolish it all together.



The final arbiter is kenyan vote - who will embarrass these judges in few weeks. When Uhuru win again with even bigger margin - then you'll know these judges just wasted our time and money - with horrible decision.
OMG!! the decision was made 20 days ago.  Your lawyers did not convince enough judges to win. Give credit to the NASA lawyers where credit is due. There is a reason why Supreme court is the last arbiter because these cases can be argued to the end of the world.  Just take this as a dog beating and move on already.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 08:40:06 PM
Njoki
Procedural and administrative irregularities and errors are not enough by and of themselves to vitiate an election
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 08:41:02 PM
My God, did Njoki really say she examined forms and found them clean? :D I hope this is a GROSS misrepresentation of what was said. I mean. When did she examine these forms?  :D Did she do it all by herself at night while the petition was going on? Does she know how many peopke it took to exclusively focuss on and examine the random sample of about 4,500 forms? Did she mistrust the inter-parties scrutiny the court ordered and the report on it? Was this report disputed by IEBC or Jubilee? If she really said this she just proved herself to be far "slower" than anyone thought up to this point! Lol. :D
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kichwa on September 20, 2017, 08:42:11 PM
If you really believe that Ouru has numbers to win free and fair elections then you would be calm, kool and very collect supporting all the reasonable changes that need to be made. Instead you are argumentative, bitter and querulous. That indicates to me that you are just blowing hot air and is not sure of the numbers either.

Whatever measure IEBC put - Uhuru will still win. If Uhuru had rigged this - then I'd be worried. But he has more support than Odinga - and there is nothing IEBC can do about that.
Yeah! yeah! yawn! yawn!.. meanwhile Maraga is the CJ and he gets to make the decisions.

Chief Justice David Maraga has directed IEBC to put in place a complementary system for the October vote as previous elections had "enormous illegalities and irregularities".

Maraga said the electoral agency should go back to the drawing board before NASA chief Raila Odinga and President Uhuru Kenyatta vie again.

The election has been scheduled for October 17 but this could change.

"In conducting the fresh election, IEBC must conform to the constitution for what is the need of having a constitution when it is not respected?" he asked.

"If anomalies remain, the same court will annul the elections regardless of the aspirants....As it is important to respect the will of the people, it is also important to maintain the purity of an election."

Maraga said irregularities by the commission were of a substantial nature so they cannot be ignored.

"Some forms did not have security features but were said to have been printed by the same printers," he said.

In her address earlier on Wednesday, Deputy Chief Justice Philomena Mwilu said the electoral agency's system was infiltrated and data contaminated.

Read: IEBC's system was infiltrated, restricted access suspicious - Mwilu

Maraga further said IEBC's Immaculate Kassait swore an affidavit misleading the Supreme Court that all forms had security features.

"Where did the security features on the forms declared by the IEBC disappear to?" he posed.



 

He said no reasonable explanation was given as to why some forms lacked the features and asked how a presiding officer failed to append a signature to a document he or she prepared.

"Could the critical documents be considered genuine with no security features? We were left wondering. Form 34C that was used to declare the result was not by itself free from doubts of authenticity," he said.

"Some of the forms used were carbon copies while others were originals hence authenticity could not be guaranteed."

The top court president said that at the end of the day, the elections must reflect the true will of the people whether they are about numbers or laws.

Maraga noted the court cannot nullify elections when errors are minimal, and that no election is perfect, but reiterated irregularities cannot be ignored when they are "enormous".

"Where do all those irregularities leave this election? It is true that where the quantitative difference is manageable, we should not disturb the election. What if the numbers [raise] many unanswered questions? The quality is as important as the quantity."

Maraga said "the greatness of a nation lies not in the might of its army or its economy but its fidelity to its constitution".

"It is our finding, irregularities by IEBC would, in any court applying its right mind, be found unconstitutional."

The CJ has been criticised by many following the September 1 nullification of Uhuru's victory.

He talked tough on Tuesday saying if leaders are tired of a strong and independent Judiciary, they can call a referendum and abolish it all together.



The final arbiter is kenyan vote - who will embarrass these judges in few weeks. When Uhuru win again with even bigger margin - then you'll know these judges just wasted our time and money - with horrible decision.
OMG!! the decision was made 20 days ago.  Your lawyers did not convince enough judges to win. Give credit to the NASA lawyers where credit is due. There is a reason why Supreme court is the last arbiter because these cases can be argued to the end of the world.  Just take this as a dog beating and move on already.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 08:42:48 PM
Njoki
Qualitative questions must affect constitutional quantitative thresholds
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 08:44:07 PM
Njoki please
Preserving Kenyas electoral jurisprudence
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 08:44:26 PM
Njoki
Procedural and administrative irregularities and errors are not enough by and of themselves to vitiate an election
I wish they defined these "procedural/administrative errors" though. For example, if signatures/stamps etc become unnecessary, how could we tell fake forms from real ones?
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 08:47:42 PM
Njoki
Theres wholesale reversal of electoral jurisprudence
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kim Jong-Un's Pajama Pants on September 20, 2017, 08:48:00 PM
My God, did Njoki really say she examined forms and found them clean? :D I hope this is a GROSS misrepresentation of what was said. I mean. When did she examine these forms?  :D Did she do it all by herself at night while the petition was going on? Does she know how many peopke it took to exclusively focuss and examine the random sample of about 4,500 forms? Did she mistrust the inter-parties scrutiny the court ordered and the report on it? Was this report disputed by IEBC or Jubilee? If she really said this she just proved herself to be far "slower" than anyone thought up to this point! Lol. :D

Is she still on?  Why doesn't she save the rest for Larry Madowo show?  I am sure he will be happy to let her ventilate on his show.  Some jokers simply pay lip service to the rule of law but would not recognize it if it slapped them in the face.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kim Jong-Un's Pajama Pants on September 20, 2017, 08:49:46 PM
Njoki
Theres wholesale reversal of electoral jurisprudence

That is true.  You can no longer rig and expect the courts to rubber stamp it.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kichwa on September 20, 2017, 08:50:59 PM
She was probably nursing a hangover everyday and did not bother to ask any questions because she had already made up her mind.  I believe just like in 2013 the lawyers for Jubilee wrote for her. I like judges like Mwilu who are down to earth and the lay person can clearly follow their thinking process. I think Maraga explained in plain language why they nullified the elections in a way that those who are open minded can appreciate. He stated that the constitution clearly describes the way an election is supposed to be carried out and that the 2017 elections did not follow those clearly stated rules.  He stated that they found that IEBC did so in such a substantial manner to render the elections null and void. Of course two judges disagreed but the rule of the game is that the majority of judges carry the day.

My God, did Njoki really say she examined forms and found them clean? :D I hope this is a GROSS misrepresentation of what was said. I mean. When did she examine these forms?  :D Did she do it all by herself at night while the petition was going on? Does she know how many peopke it took to exclusively focuss and examine the random sample of about 4,500 forms? Did she mistrust the inter-parties scrutiny the court ordered and the report on it? Was this report disputed by IEBC or Jubilee? If she really said this she just proved herself to be far "slower" than anyone thought up to this point! Lol. :D
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 08:52:51 PM
Njoki
Departure from electoral jurisprudence was unwarranted
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 08:55:37 PM
My God, did Njoki really say she examined forms and found them clean? :D I hope this is a GROSS misrepresentation of what was said. I mean. When did she examine these forms?  :D Did she do it all by herself at night while the petition was going on? Does she know how many peopke it took to exclusively focuss and examine the random sample of about 4,500 forms? Did she mistrust the inter-parties scrutiny the court ordered and the report on it? Was this report disputed by IEBC or Jubilee? If she really said this she just proved herself to be far "slower" than anyone thought up to this point! Lol. :D

Is she still on?  Why doesn't she save the rest for Larry Madowo show?  I am sure he will be happy to let her ventilate on his show.  Some jokers simply pay lip service to the rule of law but would not recognize it if it slapped them in the face.
I was shocked when I got back here and found she was still on. Do you know Maraga asked them before starting to skip descriptive parts and emphasize only pertinent issues due to time, so they wouldnt read till 6 pm, as the judgments were very long? Advocates agreed. Kumbe! Lol. Others decided to read everything. Maraga didnt want to be there till 6, poor dude: What time is it in Kenya now? Lol :D The mzee must feel like slapping her. And I thought Ojwang was verbose....Dang!
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kim Jong-Un's Pajama Pants on September 20, 2017, 08:59:43 PM
My God, did Njoki really say she examined forms and found them clean? :D I hope this is a GROSS misrepresentation of what was said. I mean. When did she examine these forms?  :D Did she do it all by herself at night while the petition was going on? Does she know how many peopke it took to exclusively focuss and examine the random sample of about 4,500 forms? Did she mistrust the inter-parties scrutiny the court ordered and the report on it? Was this report disputed by IEBC or Jubilee? If she really said this she just proved herself to be far "slower" than anyone thought up to this point! Lol. :D

Is she still on?  Why doesn't she save the rest for Larry Madowo show?  I am sure he will be happy to let her ventilate on his show.  Some jokers simply pay lip service to the rule of law but would not recognize it if it slapped them in the face.
I was shocked when I got back here and found she was still on. Do you know Maraga asked them before starting to skip descriptive parts and emphasize only pertinent issues due to time, so they wouldnt read till 6 pm, as the judgments were very long? Advocates agreed. Kumbe! Lol. Others decided to read everything. Maraga didnt want to be there till 6, poor dude: What time is it in Kenya now? Lol :D The mzee must feel like slapping her. And I thought Ojwang was verbose....Dang!

At least Ojwang had his legal chops to show off.  I can't imagine what she has been saying the last 2 (or is it 3?)hours.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 09:07:34 PM
Njoki
No illegalities proven
Irregularities did not favor any candidate
Election was properly conducted

Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kim Jong-Un's Pajama Pants on September 20, 2017, 09:07:44 PM
She is still on.  She is now sounding like Duale.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 09:09:35 PM
Maraga: NO IEBC official culpable. There goes Raila and his list of IEBC litany. No misconduct on both IEBC and Uhuru.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 09:09:57 PM
Maraga
Systematic institutional problem...not able to impute any criminal culpability on anyone in IEBC
No evidence of misconduct on Uhunye


To IEBC- drop casualness

All parties bear their costs
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 09:10:48 PM
Each party to bear it's own cost.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 09:11:53 PM
Maraga

Irregularities affected integrity (not results)
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 09:12:39 PM
Orders
1) Presidential election invalid - null and void
2) Illegalities and irregulatires were substantial and significant they affected the integrity..
3) Uhuru not validity elected
4) IEBC to conduct election within 60 days.

That is pretty much the end.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 09:12:56 PM
:)
Maraga

Irregularities affected integrity (not results)
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kim Jong-Un's Pajama Pants on September 20, 2017, 09:14:40 PM
Maraga

Irregularities affected integrity (notwithstanding the results)

Fixed that for ya.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kichwa on September 20, 2017, 09:16:03 PM
Thank  you Windy for being succinct.  This is why Judges like Magara and Mwilu are dangerous to the wakora. They represent an ordinary upright, commonsense, no-nonsense, judges that  Wanjiku can understand and identify with. The decision is supposed to be clear and simple, because this  is the peoples court adjudicating a real issue based on the peoples constitution  and not a legal scholars seminar to discuss hypothetical legal matters on whether the court should nullify elections or NOT.

Njoki
Theres wholesale reversal of electoral jurisprudence

That is true.  You can no longer rig and expect the courts to rubber stamp it.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Nefertiti on September 20, 2017, 09:16:46 PM
Maraga should have asked them to restrict themselves during the drafting and compilation in chambers - during the 3 weeks. Not today morning when they were already in court! I do however think it's commonsense to have a brief/summary version (1hr max) and the prose version for publication.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 09:16:53 PM
Muite: Want to unsealed the ballots.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 09:17:47 PM
NASA guys were thinking they'll get something to use in their wars against IEBC.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Nefertiti on September 20, 2017, 09:20:32 PM
I heard FUMBLING. No rigging by Raila or Uhuru.


NASA guys were thinking they'll get something to use in their wars against IEBC.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 09:21:24 PM
Muite seems direction
Ballots need not be preserved....let them be unsealed and used in the re-run

Good point
If results are invalidated,why preserve the records?

Orengo
Elections are preserved for other purposes as well since they are kept for longer then the petition timelines...any member of the public may apply for scrutiny without seeking a determination.


Ngatia
Opposes destruction
Shillings and cents dont matter in the light of billions blown over invalidation
(Jubilee/Kuria will pay for scrutiny hence the placards off open the ballot)

 
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 09:23:41 PM
I'm with Ngatia on this. Can IEBC really not afford other ballots?

EDIT: lOL! He just said so too. Surely IEBC can buy other materials.  :D IEBC cant get new boxes.  :o
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 09:26:24 PM
Muite wacha Upus
Once opened up ,preserving the contents is hell
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 09:26:56 PM
Ngatia: We are no done with this - I agree - we need to really find out what happened - Njoki basically showed the Registar report was HOGWASH. There is need to investigate the four judges, the registar, the experts and NASA so we know how this horrible decision was arrived  at.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 09:28:33 PM
Maraga

Irregularities affected integrity (notwithstanding the results)

Fixed that for ya.
Lol! Small word, mountain of a difference.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 09:30:43 PM
Muite withdraws
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 09:31:25 PM
Ngatia: We are no done with this - I agree - we need to really find out what happened - Njoki basically showed the Registar report was HOGWASH. There is need to investigate the four judges, the registar, the experts and NASA so we know how this horrible decision was arrived  at.
:lolz: When she did her own scrutiny at night? :D Let Jubilee also be investigated, they were part of the scrutiny.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Nefertiti on September 20, 2017, 09:34:09 PM
MWILU is just brilliant: Is the ballot box an election material?
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 09:35:40 PM





(https://s26.postimg.org/54l65hmkp/59_C9_CE1_B-_F9_B8-48_E8-_BB3_A-_ACBD14_EA153_D.jpg)
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 09:37:23 PM
Maraga
Systematic institutional problem...not able to impute any criminal culpability on anyone in IEBC
No evidence of misconduct on Uhunye


To IEBC- drop casualness

All parties bear their costs
That makes sense. The court wasn't carrying out an audit of the system as such. They pointed out the irregularities/illegaties and the duty to comply with the laws. Now its up to IEBC to deal with those it knows were in charge of doing all these things but failed.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Nefertiti on September 20, 2017, 09:39:18 PM
I think Njoki - despite taking eternity - her approach of personal scrutiny of the forms is commendable. She should not be demonized for laboring overtime. She's however sanctimonious calling out the majority for not doing abc.

And of course no judge can be investigated for their decision - that's the core of judicial independence.

Ngatia: We are no done with this - I agree - we need to really find out what happened - Njoki basically showed the Registar report was HOGWASH. There is need to investigate the four judges, the registar, the experts and NASA so we know how this horrible decision was arrived  at.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 09:39:33 PM
MWILU is just brilliant: Is the ballot box an election material?

She is undeniably quick and sharp. Some people only hear the Kamba accent. Like I said before, the lady knows all the bottom lines and gets there straight, clean-slicing data, not wasting time with ambiguities.  :D
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 09:39:38 PM
I am okay with investigating everyone. We need to know what exactly happened.
:lolz: When she did her own scrutiny at night? :D Let Jubilee also be investigated, they were part of the scrutiny.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 09:40:21 PM
I think Njoki - despite taking eternity - her approach of personal scrutiny of the forms is commendable. She should not be demonized for laboring overtime. She's however sanctimonious calling out the majority for not doing abc. No judge can be investigated for their decision - that's the core of judicial independence.

Ngatia: We are no done with this - I agree - we need to really find out what happened - Njoki basically showed the Registar report was HOGWASH. There is need to investigate the four judges, the registar, the experts and NASA so we know how this horrible decision was arrived  at.
She can't be commended for lying, sorry. No cigar.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 20, 2017, 09:40:57 PM
Note if the judgement was under influence.
I think Njoki - despite taking eternity - her approach of personal scrutiny of the forms is commendable. She should not be demonized for laboring overtime. She's however sanctimonious calling out the majority for not doing abc.

And if course no judge can be investigated for their decision - that's the core of judicial independence.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 09:45:11 PM
Its unbelievable anyone would take the tale about "personal scrutiny" seriously. That's literally the dumbest thing I've heard from this court today. In fact I'm suspending belief until I hear what she said and confirm she's not being grossly misrepresented. You understand the scrutiny was inter-partes and its findings not disputed by anyone, including the IEBC and Jubilee? You understand it was done for 4.500 forms? How many of those did she "re-do" herself? When did she do this scrutiny? Before or after she wrote her dissenting summary on Thursday night 31st August? If you believe this I have a golden bridge to sell fo the low low price of a million bucks, please.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Nefertiti on September 20, 2017, 09:49:58 PM
MWILU is just brilliant: Is the ballot box an election material?

She is undeniably quick and sharp. Some people only hear the Kamba accent. Like I said before, the lady knows all the bottom lines and gets there straight, clean-slicing data, not wasting time with ambiguities.  :D

Yup - the slow AG had to swallow his own word - about the "spirit" of the 3yr material preservation law being not to sequester the boxes - barely a minute later 8)
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Nefertiti on September 20, 2017, 09:57:50 PM
Well some people have run to JSC - and more to follow - asking for investigation. JSC will make that determination. These are allegations of bias.

I doubt Tobiko or EACC will be doing anything - because those stories of attempted bribes or canvassing by Matiang'i, etc - are just rumor.

Note if the judgement was under influence.
I think Njoki - despite taking eternity - her approach of personal scrutiny of the forms is commendable. She should not be demonized for laboring overtime. She's however sanctimonious calling out the majority for not doing abc.

And if course no judge can be investigated for their decision - that's the core of judicial independence.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Nefertiti on September 20, 2017, 10:05:51 PM
Its unbelievable anyone would take the tale about "personal scrutiny" seriously. That's literally the dumbest thing I've heard from this court today. In fact I'm suspending belief until I hear what she said and confirm she's not being grossly misrepresented. You understand the scrutiny was inter-partes and its findings not disputed by anyone, including the IEBC and Jubilee? You understand it was done for 4.500 forms? How many of those did she "re-do" herself? When did she do this scrutiny? Before or after she wrote her dissenting summary on Thursday night 31st August? If you believe this I have a golden bridge to sell fo the low low price of a million bucks, please.

Your post has all these question marks because you don't know how she did the personal scrutiny. She gave very specific details about some Kisauni forms for instance - quoting number of pages, serial numbers, number of agent signatures, etc - and drawing her conclusions.

You think she's lying... you're jumping the gun.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Nefertiti on September 20, 2017, 10:10:02 PM
ORENGO: Uhuru will cease to be president on 1st November
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 10:16:00 PM
Its unbelievable anyone would take the tale about "personal scrutiny" seriously. That's literally the dumbest thing I've heard from this court today. In fact I'm suspending belief until I hear what she said and confirm she's not being grossly misrepresented. You understand the scrutiny was inter-partes and its findings not disputed by anyone, including the IEBC and Jubilee? You understand it was done for 4.500 forms? How many of those did she "re-do" herself? When did she do this scrutiny? Before or after she wrote her dissenting summary on Thursday night 31st August? If you believe this I have a golden bridge to sell fo the low low price of a million bucks, please.

Your post has all these question marks because you don't know how she did the personal scrutiny. She gave very specific details about some Kisauni forms for instance - quoting number of pages, serial numbers, number of agent signatures, etc - and drawing her conclusions.

You think she's lying... you're jumping the gun.
I said I'm refusing to believe she said what is attributed to her until I hear her exact words for myself. I refuse to believe she could say something so dumb. She could be being grossly misrepresented. My questions are rhetorical, perfect answers in themselves to the claim that was being made about wht she said.  They are not meant to be answered, they are answers.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kim Jong-Un's Pajama Pants on September 20, 2017, 10:20:09 PM
MWILU is just brilliant: Is the ballot box an election material?

She is undeniably quick and sharp. Some people only hear the Kamba accent. Like I said before, the lady knows all the bottom lines and gets there straight, clean-slicing data, not wasting time with ambiguities.  :D

In an alternate life, she'd make a very good programmer.  Njoki and Ojwang would be the folks that have left the field strewn with lines of spaghetti code and would be proud of it too.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 10:23:43 PM
For some reason I never picked Mwilu's Kao accent...was too busy listening.

Did the majority judges write what they read ?
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kim Jong-Un's Pajama Pants on September 20, 2017, 10:28:51 PM
For some reason I never picked Mwilu's Kao accent...was too busy listening.

Did the majority judges write what they read ?

Lenaola did not read any substantive part, so I am assuming it was all merged up.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 10:29:08 PM
For some reason I never picked Mwilu's Kao accent...was too busy listening.

Did the majority judges write what they read ?
Jubilants were making fun of her online as she read. They were mesmerized with Ojwang's kisungu, his verbosity notwithstanding! :D I think given what Maraga said before they read, they probably picked from the bits they wrote. But the entire judgment is by all four. In other courts, they pick one judge to write, usually the one with senior rank.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 10:42:38 PM
I've gone back to listen to Njoki for her last hour to find this "I did my own scrutiny" bit. I honestly find her irritating. When did she start shouting? After I switched off?  :o
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kim Jong-Un's Pajama Pants on September 20, 2017, 10:44:04 PM
Despite the clarity of what they need to do, IEBC are going to defy the  law and carry out a sham election.  If there is something predictable about the Kenyan, it's his addiction to lawlessness.  They will be quoting Njoki as they go about it.  Hopefully the other actors have taken something away from this ruling that they can use in lower courts to force change in IEBC.

I think they are hoping that by the time of elections, they would have put the 4 justices in a bad spot with threats, intimidation, sham investigations etc and they wont be in a position to participate the petition.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 10:46:01 PM
Despite the clarity of what they need to do, IEBC are going to defy the  law and carry out a sham election.  If there is something predictable about the Kenyan, its his addiction to lawlessness.  They will be quoting Njoki as they go about it.  Hopefully the other actors have taken something away from this ruling that they can use in lower courts to force change in IEBC.

I think they are hoping that by the time of elections, they would have put the 4 justices in a bad spot with threats, intimidation, sham investigations etc and they wont be in a position to participate the petition.
They will have the written majority judgment. It's binding.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: GeeMail on September 20, 2017, 10:46:40 PM
What a day! Thanks Voke, Kadame, Bryo, Omollo, Windy, Robina, Pundit et al for the updates. Kichwa is in a class of his own. I've taken two hours just catching up. Im still digesting it but all in all I see why majority ruled the way they did. Jubilee took it for granted that if their ballots are more the process does not matter. They also seemed to believe that because IEBC has the word independent then nobody should question or doubt Cheukati's results. I'm surprised I did not hear Justice Philonena's bonbshell question in the detailed judgement. The question of what happens to the ballots given to those who only voted for president. It is a big question still that IEBC itself can't answer. I particularly like Maraga's assurane that if IEBC messes up again they can be sure the election will be nullified again. This judgement will be cited from Angola to Norway. Mutungaroo must be recoiling in shame.
Back to bean counting.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kim Jong-Un's Pajama Pants on September 20, 2017, 10:50:02 PM
Despite the clarity of what they need to do, IEBC are going to defy the  law and carry out a sham election.  If there is something predictable about the Kenyan, its his addiction to lawlessness.  They will be quoting Njoki as they go about it.  Hopefully the other actors have taken something away from this ruling that they can use in lower courts to force change in IEBC.

I think they are hoping that by the time of elections, they would have put the 4 justices in a bad spot with threats, intimidation, sham investigations etc and they wont be in a position to participate the petition.
They will have the written majority judgment. It's binding.

The law is binding.  But they always break it.  I suspect they are going to try and politicize this ruling and this court to a point of irrelevance.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 10:50:16 PM
For some reason I never picked Mwilu's Kao accent...was too busy listening.

Did the majority judges write what they read ?
Jubilants were making fun of her online as she read. They were mesmerized with Ojwang's kisungu, his verbosity notwithstanding! :D I think given what Maraga said before they read, they probably picked from the bits they wrote. But the entire judgment is by all four. In other courts, they pick one judge to write, usually the one with senior rank.

Haters gonna hate.
She had an annoying stutter at long words but minutes into her part I was at ease.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kim Jong-Un's Pajama Pants on September 20, 2017, 10:52:07 PM
What a day! Thanks Voke, Kadame, Bryo, Omollo, Windy, Robina, Pundit et al for the updates. Kichwa is in a class of his own. I've taken two hours just catching up. Im still digesting it but all in all I see why majority ruled the way they did. Jubilee took it for granted that if their ballots are more the process does not matter. They also seemed to believe that because IEBC has the word independent then nobody should question or doubt Cheukati's results. I'm surprised I did not hear Justice Philonena's bonbshell question in the detailed judgement. The question of what happens to the ballots given to those who only voted for president. It is a big question still that IEBC itself can't answer. I particularly like Maraga's assurane that if IEBC messes up again they can be sure the election will be nullified again. This judgement will be cited from Angola to Norway. Mutungaroo must be recoiling in shame.
Back to bean counting.

The majority ruling was not read out in full.  They skipped quite a bit to save time.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 10:54:15 PM
What a day! Thanks Voke, Kadame, Bryo, Omollo, Windy, Robina, Pundit et al for the updates. Kichwa is in a class of his own. I've taken two hours just catching up. Im still digesting it but all in all I see why majority ruled the way they did. Jubilee took it for granted that if their ballots are more the process does not matter. They also seemed to believe that because IEBC has the word independent then nobody should question or doubt Cheukati's results. I'm surprised I did not hear Justice Philonena's bonbshell question in the detailed judgement. The question of what happens to the ballots given to those who only voted for president. It is a big question still that IEBC itself can't answer. I particularly like Maraga's assurane that if IEBC messes up again they can be sure the election will be nullified again. This judgement will be cited from Angola to Norway. Mutungaroo must be recoiling in shame.
Back to bean counting.
The majority read very little from their judgment. Maraga did not want to be there till 6 pm. Poor mzee! :D He had no idea Ojwang n Noki were planning to take 8 hours, lol! He said their judgment is too big. Wait for the written version, you might see your question discussed.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: bryan275 on September 20, 2017, 10:58:45 PM
Njoki
Procedural and administrative irregularities and errors are not enough by and of themselves to vitiate an election
I wish they defined these "procedural/administrative errors" though. For example, if signatures/stamps etc become unnecessary, how could we tell fake forms from real ones?

I think Jubilidiots need to fully understand and appreciate the function of the signature of the appointed person on legal forms such as contracts/form 34s.  The signature of the appointed person is what "operationalises" the document.  It's scrap paper until that valid signature is applied.

A missing RO signature is a very serious matter...
 
This is not rocket science.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Nefertiti on September 20, 2017, 11:04:23 PM
MWILU is just brilliant: Is the ballot box an election material?

She is undeniably quick and sharp. Some people only hear the Kamba accent. Like I said before, the lady knows all the bottom lines and gets there straight, clean-slicing data, not wasting time with ambiguities.  :D

In an alternate life, she'd make a very good programmer.  Njoki and Ojwang would be the folks that have left the field strewn with lines of spaghetti code and would be proud of it too.

Yes programmers are brilliant. Thanks for the reminder.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 11:05:33 PM
MWILU is just brilliant: Is the ballot box an election material?

She is undeniably quick and sharp. Some people only hear the Kamba accent. Like I said before, the lady knows all the bottom lines and gets there straight, clean-slicing data, not wasting time with ambiguities.  :D
In an alternate life, she'd make a very good programmer.  Njoki and Ojwang would be the folks that have left the field strewn with lines of spaghetti code and would be proud of it too.

Yes programmers are brilliant. Thanks for the reminder.
Hahaha! :D

Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: bryan275 on September 20, 2017, 11:07:32 PM
Its unbelievable anyone would take the tale about "personal scrutiny" seriously. That's literally the dumbest thing I've heard from this court today. In fact I'm suspending belief until I hear what she said and confirm she's not being grossly misrepresented. You understand the scrutiny was inter-partes and its findings not disputed by anyone, including the IEBC and Jubilee? You understand it was done for 4.500 forms? How many of those did she "re-do" herself? When did she do this scrutiny? Before or after she wrote her dissenting summary on Thursday night 31st August? If you believe this I have a golden bridge to sell fo the low low price of a million bucks, please.

She said it.  Her judgement was shouty shouty.  Proper response from the Athamaki.  No matter how hard they dressed it, you could hear the communal propaganda screaming through.

What do you need 6 million bucks for? 
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 11:17:56 PM
Majority full Judgement
https://drive.google.com/file/d/0B2rMMQJiqMB8UHRlRzhUUXV3QlU/view?usp=drivesdk

Dissenting Opinion Jackton Ojwang
https://drive.google.com/file/d/0B2rMMQJiqMB8VzB5U21mTzZCZ3M/view?usp=drivesdk

Dissenting Opinion Njoki
https://drive.google.com/file/d/0B2rMMQJiqMB8eUpoLTJBWXFMYUE/view?usp=drivesdk
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kim Jong-Un's Pajama Pants on September 20, 2017, 11:20:59 PM
Majority full Judgement
https://drive.google.com/file/d/0B2rMMQJiqMB8UHRlRzhUUXV3QlU/view?usp=drivesdk (https://drive.google.com/file/d/0B2rMMQJiqMB8UHRlRzhUUXV3QlU/view?usp=drivesdk)

Dissenting Opinion Jackton Ojwang
https://drive.google.com/file/d/0B2rMMQJiqMB8VzB5U21mTzZCZ3M/view?usp=drivesdk (https://drive.google.com/file/d/0B2rMMQJiqMB8VzB5U21mTzZCZ3M/view?usp=drivesdk)

Dissenting Opinion Njoki
https://drive.google.com/file/d/0B2rMMQJiqMB8eUpoLTJBWXFMYUE/view?usp=drivesdk (https://drive.google.com/file/d/0B2rMMQJiqMB8eUpoLTJBWXFMYUE/view?usp=drivesdk)

Google drive is nice.  So this Njoki Negro wrote 400+ pages of manure about something she knows nothing about.  Interesting.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 11:25:53 PM
Majority full Judgement
https://drive.google.com/file/d/0B2rMMQJiqMB8UHRlRzhUUXV3QlU/view?usp=drivesdk (https://drive.google.com/file/d/0B2rMMQJiqMB8UHRlRzhUUXV3QlU/view?usp=drivesdk)

Dissenting Opinion Jackton Ojwang
https://drive.google.com/file/d/0B2rMMQJiqMB8VzB5U21mTzZCZ3M/view?usp=drivesdk (https://drive.google.com/file/d/0B2rMMQJiqMB8VzB5U21mTzZCZ3M/view?usp=drivesdk)

Dissenting Opinion Njoki
https://drive.google.com/file/d/0B2rMMQJiqMB8eUpoLTJBWXFMYUE/view?usp=drivesdk (https://drive.google.com/file/d/0B2rMMQJiqMB8eUpoLTJBWXFMYUE/view?usp=drivesdk)

Google drive is nice.  So this Njoki Negro wrote 400+ pages of manure about something she knows nothing about.  Interesting.

Yeah,
It's easy for anyone to download unlike scribd and the likes.

Haven't as much as looked any.  Njoki's excites me because she attacked Kiai. I have an issue with it though on a different aspect
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 11:28:23 PM
Njoki looks like shell be done in under 15min
Lol! Boy were you wrong. You've never been more wrong about anything I bet.  :D
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: bryan275 on September 20, 2017, 11:29:05 PM
Majority full Judgement
https://drive.google.com/file/d/0B2rMMQJiqMB8UHRlRzhUUXV3QlU/view?usp=drivesdk (https://drive.google.com/file/d/0B2rMMQJiqMB8UHRlRzhUUXV3QlU/view?usp=drivesdk)

Dissenting Opinion Jackton Ojwang
https://drive.google.com/file/d/0B2rMMQJiqMB8VzB5U21mTzZCZ3M/view?usp=drivesdk (https://drive.google.com/file/d/0B2rMMQJiqMB8VzB5U21mTzZCZ3M/view?usp=drivesdk)

Dissenting Opinion Njoki
https://drive.google.com/file/d/0B2rMMQJiqMB8eUpoLTJBWXFMYUE/view?usp=drivesdk (https://drive.google.com/file/d/0B2rMMQJiqMB8eUpoLTJBWXFMYUE/view?usp=drivesdk)

Google drive is nice.  So this Njoki Negro wrote 400+ pages of manure about something she knows nothing about.  Interesting.

Windy, I took Njoki's "opinion" as the collective uthamaki opinion, penned by the mortician and proof read by "baragraph".  This is probably the alternative judgment that Omollo spoke about on the 31st Aug.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: bryan275 on September 20, 2017, 11:29:49 PM
Njoki looks like shell be done in under 15min
Lol! Boy were you wrong. You've never been more wrong about anything I bet.  :D

lol...
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kim Jong-Un's Pajama Pants on September 20, 2017, 11:30:27 PM
Majority full Judgement
https://drive.google.com/file/d/0B2rMMQJiqMB8UHRlRzhUUXV3QlU/view?usp=drivesdk (https://drive.google.com/file/d/0B2rMMQJiqMB8UHRlRzhUUXV3QlU/view?usp=drivesdk)

Dissenting Opinion Jackton Ojwang
https://drive.google.com/file/d/0B2rMMQJiqMB8VzB5U21mTzZCZ3M/view?usp=drivesdk (https://drive.google.com/file/d/0B2rMMQJiqMB8VzB5U21mTzZCZ3M/view?usp=drivesdk)

Dissenting Opinion Njoki
https://drive.google.com/file/d/0B2rMMQJiqMB8eUpoLTJBWXFMYUE/view?usp=drivesdk (https://drive.google.com/file/d/0B2rMMQJiqMB8eUpoLTJBWXFMYUE/view?usp=drivesdk)

Google drive is nice.  So this Njoki Negro wrote 400+ pages of manure about something she knows nothing about.  Interesting.

Yeah,
It's easy for anyone to download unlike scribd and the likes.

Haven't as much as looked any.  Njoki's excites me because she attacked Kiai. I have an issue with it though on a different aspect

She attacked everything that moves from what I am starting to gather.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Nefertiti on September 20, 2017, 11:31:29 PM
Njoki is now a confirmed bimbo. Lenaola is suddenly not brilliant. Kweli democracy has a long way to go in Zamunda :D

Personally Mwilu is my shero in the judiciary.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kim Jong-Un's Pajama Pants on September 20, 2017, 11:32:28 PM
Majority full Judgement
https://drive.google.com/file/d/0B2rMMQJiqMB8UHRlRzhUUXV3QlU/view?usp=drivesdk (https://drive.google.com/file/d/0B2rMMQJiqMB8UHRlRzhUUXV3QlU/view?usp=drivesdk)

Dissenting Opinion Jackton Ojwang
https://drive.google.com/file/d/0B2rMMQJiqMB8VzB5U21mTzZCZ3M/view?usp=drivesdk (https://drive.google.com/file/d/0B2rMMQJiqMB8VzB5U21mTzZCZ3M/view?usp=drivesdk)

Dissenting Opinion Njoki
https://drive.google.com/file/d/0B2rMMQJiqMB8eUpoLTJBWXFMYUE/view?usp=drivesdk (https://drive.google.com/file/d/0B2rMMQJiqMB8eUpoLTJBWXFMYUE/view?usp=drivesdk)

Google drive is nice.  So this Njoki Negro wrote 400+ pages of manure about something she knows nothing about.  Interesting.

Windy, I took Njoki's "opinion" as the collective uthamaki opinion, penned by the mortician and proof read by "baragraph".  This is probably the alternative judgment that Omollo spoke about on the 31st Aug.

Yeah.  She is a PNU activist with no time to pore into the details of this stuff.  I can see the hands of baragraph and the mortal amigo all over it.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Nefertiti on September 20, 2017, 11:32:34 PM
Does this happen in the US? praise and scorn - caricature - of the SCOTUS justices.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kim Jong-Un's Pajama Pants on September 20, 2017, 11:33:38 PM
Njoki is now a confirmed bimbo. Lenaola is suddenly not brilliant. Kweli democracy has a long way to go in Zamunda :D

Personally Mwilu is my shero in the judiciary.

Lenaola became satan's spawn in the blink of an eye on September 1st.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Nefertiti on September 20, 2017, 11:36:22 PM
Njoki is now a confirmed bimbo. Lenaola is suddenly not brilliant. Kweli democracy has a long way to go in Zamunda :D

Personally Mwilu is my shero in the judiciary.

Lenaola became satan's spawn in the blink of an eye on September 1st.

And the prof was an instant no-good bumbling paper tiger. I don't mean to defend anyone - they signed up for it - just marveling at the power of a SCOK decision to transform.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 11:38:49 PM
Njoki is now a confirmed bimbo. Lenaola is suddenly not brilliant. Kweli democracy has a long way to go in Zamunda :D

Personally Mwilu is my shero in the judiciary.
In all honesty, though, why did she start shouting? I wanted to go back and listen to her personal scrutiny comments in context for myself but I couldn't get past 10 minutes. I listened to her for quite a while before I tuned out earlier today and I didn't realize then she had been shouting. I think she started towards the end. It doesn't help my esteem for her that she is said to have made incredible claims about counter-checking the work tens of people did for days in that short period of time either. Hopefully, I'll find it in the written judgment. My hunch is that Njoki was under lots of pressure to impress Jubilee masses with rhetoric.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 20, 2017, 11:42:32 PM
Njoki looks like shell be done in under 15min
Lol! Boy were you wrong. You've never been more wrong about anything I bet.  :D
Please dont rub it in
I was exhausted and I mistook my wishes for reality
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 11:44:41 PM
Does this happen in the US? praise and scorn - caricature - of the SCOTUS justices.
In fairness to SCOTUS, whichever side they fall on, they don't say stupid s***. :D That Githu interpretation from 2013 would have never seen the light of day. Dont get me started on British courts..... I think the problem is when courts do things you don't just consider "wrong" but dumb. Makes you think they must be corrupt.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Nefertiti on September 20, 2017, 11:46:06 PM
Njoki is now a confirmed bimbo. Lenaola is suddenly not brilliant. Kweli democracy has a long way to go in Zamunda :D

Personally Mwilu is my shero in the judiciary.
In all honesty, though, why did she start shouting? I wanted to go back and listen to her personal scrutiny comments in context for myself but I couldn't get past 10 minutes. I listened to her for quite a while before I tuned out earlier today and I didn't realize then she had been shouting. I think she started towards the end. It doesn't help my esteem for her that she is said to have made incredible claims about counter-checking the work tens of people did for days in that short period of time either. Hopefully, I'll find it in the written judgment. My hunch is that Njoki was under lots of pressure to impress Jubilee masses with rhetoric.

Yes she shouted for quite some time... :( I think she has emotional issues. Also she was quite condescending lecturing the majority - even with gestures! They are all her seniors. However that - style, temperament - does not bias me against her. I certainly don't believe unproven claims about any of the judges acting at the behest of the camps. I am going through her details to evaluate her rationales.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 20, 2017, 11:47:54 PM
Njoki is now a confirmed bimbo. Lenaola is suddenly not brilliant. Kweli democracy has a long way to go in Zamunda :D

Personally Mwilu is my shero in the judiciary.

Lenaola became satan's spawn in the blink of an eye on September 1st.

And the prof was an instant no-good bumbling paper tiger. I don't mean to defend anyone - they signed up for it - just marveling at the power of a SCOK decision to transform.
Ojwang is brilliant. But Robina come on. :D I don't think you were here today waiting forever for him to get to the bloody point, lol. He's the mirror opposite of Mwilu. I think he's much more a scholar/philosopher than he is a judge.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: bryan275 on September 20, 2017, 11:53:54 PM
Njoki is now a confirmed bimbo. Lenaola is suddenly not brilliant. Kweli democracy has a long way to go in Zamunda :D

Personally Mwilu is my shero in the judiciary.
In all honesty, though, why did she start shouting? I wanted to go back and listen to her personal scrutiny comments in context for myself but I couldn't get past 10 minutes. I listened to her for quite a while before I tuned out earlier today and I didn't realize then she had been shouting. I think she started towards the end. It doesn't help my esteem for her that she is said to have made incredible claims about counter-checking the work tens of people did for days in that short period of time either. Hopefully, I'll find it in the written judgment. My hunch is that Njoki was under lots of pressure to impress Jubilee masses with rhetoric.

Yes she shouted for quite some time... :( I think she has emotional issues. Also she was quite condescending lecturing the majority - even with gestures! They are all her seniors. However that - style, temperament - does not bias me against her. I certainly don't believe unproven claims about any of the judges acting at the behest of the camps. I am going through her details to evaluate her rationales.


Her behaviour was not surprising at all.  This is the same contempt that the GEMA wing of jubilee has approached our SCoK with as well as the general NASA population and specifically our Lakeside brothers and sisters.

Njoki besmirched the peoples' bench today when she read that pre-prepared political speech disguised as a bona-fide judgment of a supreme court judge.

It's a shame.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Nefertiti on September 21, 2017, 12:00:07 AM
Does this happen in the US? praise and scorn - caricature - of the SCOTUS justices.
In fairness to SCOTUS, whichever side they fall on, they don't say stupid s***. :D That Githu interpretation from 2013 would have never seen the light of day. Dont get me started on British courts..... I think the problem is when courts do things you don't just consider "wrong" but dumb. Makes you think they must be corrupt.

SCOTUS ... there is a BIG ideological divide. Even now with Trump guy Gorsuch it is 5-4 conservative. Matters landing there are predictable 8) I think that is just sad. I am ignorant of the 10yo SCUK.

Our SCOK and independent judiciary is just 7 years old. Like the counties. Hopefully they will develop jurisprudence with time and win the confidence of the public. I would never want predictability or political bias in this top court.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 21, 2017, 12:01:55 AM
Njoki's judgment is 440 goddam pages! :o What the hell was she writing, a book?
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Nefertiti on September 21, 2017, 12:02:48 AM
Ojwang is brilliant. But Robina come on. :D I don't think you were here today waiting forever for him to get to the bloody point, lol. He's the mirror opposite of Mwilu. I think he's much more a scholar/philosopher than he is a judge.

Judges are philosophers... most boring job on earth.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: bryan275 on September 21, 2017, 12:04:56 AM
Does this happen in the US? praise and scorn - caricature - of the SCOTUS justices.
In fairness to SCOTUS, whichever side they fall on, they don't say stupid s***. :D That Githu interpretation from 2013 would have never seen the light of day. Dont get me started on British courts..... I think the problem is when courts do things you don't just consider "wrong" but dumb. Makes you think they must be corrupt.

Ahem, what get's your back up about English and Welsh Courts?  and yes, they are separated out as the Scots have their own legal process...while the English and welsh manage theirs in tandem.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kim Jong-Un's Pajama Pants on September 21, 2017, 12:08:33 AM
Njoki is now a confirmed bimbo. Lenaola is suddenly not brilliant. Kweli democracy has a long way to go in Zamunda :D

Personally Mwilu is my shero in the judiciary.

Lenaola became satan's spawn in the blink of an eye on September 1st.

And the prof was an instant no-good bumbling paper tiger. I don't mean to defend anyone - they signed up for it - just marveling at the power of a SCOK decision to transform.
Ojwang is brilliant. But Robina come on. :D I don't think you were here today waiting forever for him to get to the bloody point, lol. He's the mirror opposite of Mwilu. I think he's much more a scholar/philosopher than he is a judge.

He is one of those guys that takes so long to answer a question that when he finally answers it you have forgotten what the question was.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 21, 2017, 12:09:44 AM
Does this happen in the US? praise and scorn - caricature - of the SCOTUS justices.
In fairness to SCOTUS, whichever side they fall on, they don't say stupid s***. :D That Githu interpretation from 2013 would have never seen the light of day. Dont get me started on British courts..... I think the problem is when courts do things you don't just consider "wrong" but dumb. Makes you think they must be corrupt.

SCOTUS ... there is a BIG ideological divide. Even now with Trump guy Gorsuch it is 5-4 conservative. Matters landing there are predictable 8) I think that is just sad. I am ignorant of the 10yo SCUK.

Our SCOK and independent judiciary is just 7 years old. Like the counties. Hopefully they will develop jurisprudence with time and win the confidence of the public. I would never want predictability or political bias in this top court.
Yes, that's true about SCOTUS and like any human institution, they've made their fair share of pretty bad calls in the past. With our tribalism, we are not in danger of developing those ideological splits just yet.

By the way, the British court is very old, older than SCOTUS and I believe any other courts in the commonwealth. Yes I know it was redesigned SCUK just the other day but we spent years reading about "the House of Lords" and its Lords and their landmark decisions and I'm sure kids in law school still do as they do all over the commonwealth. It was far more influential than SCOTUS outside the U.S..
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kim Jong-Un's Pajama Pants on September 21, 2017, 12:10:07 AM
Njoki is now a confirmed bimbo. Lenaola is suddenly not brilliant. Kweli democracy has a long way to go in Zamunda :D

Personally Mwilu is my shero in the judiciary.
In all honesty, though, why did she start shouting? I wanted to go back and listen to her personal scrutiny comments in context for myself but I couldn't get past 10 minutes. I listened to her for quite a while before I tuned out earlier today and I didn't realize then she had been shouting. I think she started towards the end. It doesn't help my esteem for her that she is said to have made incredible claims about counter-checking the work tens of people did for days in that short period of time either. Hopefully, I'll find it in the written judgment. My hunch is that Njoki was under lots of pressure to impress Jubilee masses with rhetoric.

Yes she shouted for quite some time... :( I think she has emotional issues. Also she was quite condescending lecturing the majority - even with gestures! They are all her seniors. However that - style, temperament - does not bias me against her. I certainly don't believe unproven claims about any of the judges acting at the behest of the camps. I am going through her details to evaluate her rationales.


Her behaviour was not surprising at all.  This is the same contempt that the GEMA wing of jubilee has approached our SCoK with as well as the general NASA population and specifically our Lakeside brothers and sisters.

Njoki besmirched the peoples' bench today when she read that pre-prepared political speech disguised as a bona-fide judgment of a supreme court judge.

It's a shame.

She seems arrogant.  Ignorance and arrogance are bad combination.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: MOON Ki on September 21, 2017, 12:10:49 AM
Despite the clarity of what they need to do, IEBC are going to defy the  law and carry out a sham election.  If there is something predictable about the Kenyan, it's his addiction to lawlessness.  They will be quoting Njoki as they go about it.  Hopefully the other actors have taken something away from this ruling that they can use in lower courts to force change in IEBC.

I think they are hoping that by the time of elections, they would have put the 4 justices in a bad spot with threats, intimidation, sham investigations etc and they wont be in a position to participate the petition.

Yep.   That's it.    And it's not just Kenya, by the way; much of The Beloved Continent seems to have the same difficulty.   Contrary to popular myth, it's not bad luck, or bad weather, of fickle gods ... that explains our woes.

On the matter at hand: some of the commentaries here are bizarre.   I can't tell whether it's because the writers don't really understand what the SC case was really all about, or whether they are simply into misguided mischief, or ... Whatever mission they are on, I know better than to try and point out facts and reality ... What I have to say can be summarized in one sentence: if the process is so f**ked up that one can't make sense of the numbers, then, for all practical purposes, the elections were not valid.

Moving along ...

I have been truly astonished by the mindless attacks on the judiciary, started and led by Uhuru, who should be at the forefront of urging respect for the judiciary, even when they rule against him, and then taken by by everyone keen to suck his <redacted>: Once Uhuru blew the horn, all sorts of scurrilous types emerged from the woodwork, all trying to outdo each other in sucking up to the Uhuru and Ruto ... complete with all sorts of nonsensical applications, affidavits and what not ... badly done crap (forgeries included) that, surprisingly, seems to as "truth until proven otherwise".

Let me go back and replace the "astonished" above with "truly horrified".   If that seems excessive, my explanation is as follows.     Countries that find themselves in dire straits don't just suddenly wake up one day and find themselves there.   If one looks carefully at the history, one will find that one of the chief reasons is a "small-small" erosion of real respect for the law, and it is sometimes worthwhile to reflect on why people have in the first place developed legal systems.   In Kenya, we continuously had small-small "erosion" under Johnstone Kamau, subsequently accelerated by Daniel Arap Moi.   We know how that turned out.   Even the 2007-2008 PEV was not a "sudden eruption", if one considers what had preceded it.

The wild attacks on the judiciary reflect a serious failure to think on a long-term basis.  Low-level, manamba types may be excused for not being able to think, but there are quite a few others who should know better.   

Regardless of who "wins" in the October elections, I see Kenya entering a period of "New Lawlessness" that, depending on who is declared president, will involve one of: (a) the legislature against what is good for the country, or (b) the legislature and the executive against what is good for the country.    In either case, there are just three things to watch out for: sucking-up, power and eating.   On the present path, it's guaranteed to end in tears for most Kenyans; the only issue will be how long it takes.    History.

I have mostly been an "active" contributor to nipate.org, but probably won't be anymore---except on things like the music thread and athletics.   Contrary to what I previously thought, all other discussions (politics, law, economics, ...) are good for entertainment and not much else---certainly not the hoped-for goal of having a better understanding of how we can improve things in Kenya.    The sheer stupidity, venality, mindless tribal hatred, ... that are currently on display all over the country (and partially reflected here) have shaken me out of my reverie.

Chief Justice Maraga:   A genuine and 100% surprise.   Expected by many to be a toe-the-line sucker-up---and I was among those who mocked his return to the "bird's nest", as a symbol of retrograde thinking----he has proved "wrong" many of those who were on either side of his appointment.    One hopes that his refusal to be cowed or bought will inspire the lower legions.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Nefertiti on September 21, 2017, 12:12:11 AM
Njoki is now a confirmed bimbo. Lenaola is suddenly not brilliant. Kweli democracy has a long way to go in Zamunda :D

Personally Mwilu is my shero in the judiciary.
In all honesty, though, why did she start shouting? I wanted to go back and listen to her personal scrutiny comments in context for myself but I couldn't get past 10 minutes. I listened to her for quite a while before I tuned out earlier today and I didn't realize then she had been shouting. I think she started towards the end. It doesn't help my esteem for her that she is said to have made incredible claims about counter-checking the work tens of people did for days in that short period of time either. Hopefully, I'll find it in the written judgment. My hunch is that Njoki was under lots of pressure to impress Jubilee masses with rhetoric.

Yes she shouted for quite some time... :( I think she has emotional issues. Also she was quite condescending lecturing the majority - even with gestures! They are all her seniors. However that - style, temperament - does not bias me against her. I certainly don't believe unproven claims about any of the judges acting at the behest of the camps. I am going through her details to evaluate her rationales.


Her behaviour was not surprising at all.  This is the same contempt that the GEMA wing of jubilee has approached our SCoK with as well as the general NASA population and specifically our Lakeside brothers and sisters.

Njoki besmirched the peoples' bench today when she read that pre-prepared political speech disguised as a bona-fide judgment of a supreme court judge.

It's a shame.

I had issues with Njoki's elevation to a justice particularly due to her past political activity. She was Safina nominated MP I think. 2002-2007. Basically her political leaning is public which should not be the case. Also her radical feminism. The rest of the criticism is simply driven by her dissenting opinion and her tribe. Just like Maraga and Lenaola are now hero or villain in the different camps.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 21, 2017, 12:13:00 AM
Does this happen in the US? praise and scorn - caricature - of the SCOTUS justices.
In fairness to SCOTUS, whichever side they fall on, they don't say stupid s***. :D That Githu interpretation from 2013 would have never seen the light of day. Dont get me started on British courts..... I think the problem is when courts do things you don't just consider "wrong" but dumb. Makes you think they must be corrupt.

Ahem, what get's your back up about English and Welsh Courts?  and yes, they are separated out as the Scots have their own legal process...while the English and welsh manage theirs in tandem.
I wasn't talking about all those. Just the unmatched House of Lords and the Judicial Committee of the Privy Council. The latter was the "Supreme Court" for the entire British empire that covered nearly a quarter of the world and was for the longest time the most important court in the world. The House of Lords was the "Supreme Court" for the UK..the only part of the "empire" that was outside the jurisdiction of the Privy Council.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 21, 2017, 12:16:50 AM
Njoki is now a confirmed bimbo. Lenaola is suddenly not brilliant. Kweli democracy has a long way to go in Zamunda :D

Personally Mwilu is my shero in the judiciary.
In all honesty, though, why did she start shouting? I wanted to go back and listen to her personal scrutiny comments in context for myself but I couldn't get past 10 minutes. I listened to her for quite a while before I tuned out earlier today and I didn't realize then she had been shouting. I think she started towards the end. It doesn't help my esteem for her that she is said to have made incredible claims about counter-checking the work tens of people did for days in that short period of time either. Hopefully, I'll find it in the written judgment. My hunch is that Njoki was under lots of pressure to impress Jubilee masses with rhetoric.

Yes she shouted for quite some time... :( I think she has emotional issues. Also she was quite condescending lecturing the majority - even with gestures! They are all her seniors. However that - style, temperament - does not bias me against her. I certainly don't believe unproven claims about any of the judges acting at the behest of the camps. I am going through her details to evaluate her rationales.


Her behaviour was not surprising at all.  This is the same contempt that the GEMA wing of jubilee has approached our SCoK with as well as the general NASA population and specifically our Lakeside brothers and sisters.

Njoki besmirched the peoples' bench today when she read that pre-prepared political speech disguised as a bona-fide judgment of a supreme court judge.

It's a shame.

I had issues with Njoki's elevation to a justice particularly due to her past political activity. She was Safina nominated MP I think. 2002-2007. Basically her political leaning is public which should not be the case. Also her radical feminism. The rest of the criticism is simply driven by her dissenting opinion and her tribe. Just like Maraga and Lenaola are now hero or villain in the different camps.
That's not true. My contention since they created the SCOK was that these fresh judges should start at the High Court not the SCOK. And Njoki, me I'm criticizing her for very specific things: her personal scrutiny and the treatise she has given u in 440 pages and a really unpleasantly long reading.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: bryan275 on September 21, 2017, 12:18:31 AM
Does this happen in the US? praise and scorn - caricature - of the SCOTUS justices.
In fairness to SCOTUS, whichever side they fall on, they don't say stupid s***. :D That Githu interpretation from 2013 would have never seen the light of day. Dont get me started on British courts..... I think the problem is when courts do things you don't just consider "wrong" but dumb. Makes you think they must be corrupt.

Ahem, what get's your back up about English and Welsh Courts?  and yes, they are separated out as the Scots have their own legal process...while the English and welsh manage theirs in tandem.
I wasn't talking about all those. Just the unmatched House of Lords and the Judicial Committee of the Privy Council. The latter was the "Supreme Court" for the entire British empire that covered nearly a quarter of the world and was for the longest time the most important court in the world. The House of Lords was the "Supreme Court" for the UK..the only part of the "empire" that was outside the jurisdiction of the Privy Council.


I see how the Privy council was an abnormality.. it still exists by the way.  Although these days the UK does have a "real" supreme court with The European Court of Justice and European Court of Human Rights being the highest courts in the EU.  These are the biggest thorns in the Brexit side.   
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 21, 2017, 12:25:39 AM
Does this happen in the US? praise and scorn - caricature - of the SCOTUS justices.
In fairness to SCOTUS, whichever side they fall on, they don't say stupid s***. :D That Githu interpretation from 2013 would have never seen the light of day. Dont get me started on British courts..... I think the problem is when courts do things you don't just consider "wrong" but dumb. Makes you think they must be corrupt.

Ahem, what get's your back up about English and Welsh Courts?  and yes, they are separated out as the Scots have their own legal process...while the English and welsh manage theirs in tandem.
I wasn't talking about all those. Just the unmatched House of Lords and the Judicial Committee of the Privy Council. The latter was the "Supreme Court" for the entire British empire that covered nearly a quarter of the world and was for the longest time the most important court in the world. The House of Lords was the "Supreme Court" for the UK..the only part of the "empire" that was outside the jurisdiction of the Privy Council.


I see how the Privy council was an abnormality.. it still exists by the way.  Although these days the UK does have a "real" supreme court with The European Court of Justice and European Court of Human Rights being the highest courts in the EU.  These are the biggest thorns in the Brexit side.
The House of Lords has always been a real supreme court, it just got officially permanently separated from the parliamentary house of Lords when it became the SCUK, but it has always been that. The Privy Council is the last appelate court for some British territories and a few ex-colonies in the Carribean. but it used to be yuuuge. It was an inspiration to the design of the PCIJ/ICJ (the "world court"/the court of the UN). Yes, I know about the European courts (kind of my field :)) Privy Council was a great court, if only it wasn't so associated with colonialism.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Nefertiti on September 21, 2017, 12:27:15 AM
Njoki is now a confirmed bimbo. Lenaola is suddenly not brilliant. Kweli democracy has a long way to go in Zamunda :D

Personally Mwilu is my shero in the judiciary.
In all honesty, though, why did she start shouting? I wanted to go back and listen to her personal scrutiny comments in context for myself but I couldn't get past 10 minutes. I listened to her for quite a while before I tuned out earlier today and I didn't realize then she had been shouting. I think she started towards the end. It doesn't help my esteem for her that she is said to have made incredible claims about counter-checking the work tens of people did for days in that short period of time either. Hopefully, I'll find it in the written judgment. My hunch is that Njoki was under lots of pressure to impress Jubilee masses with rhetoric.

Yes she shouted for quite some time... :( I think she has emotional issues. Also she was quite condescending lecturing the majority - even with gestures! They are all her seniors. However that - style, temperament - does not bias me against her. I certainly don't believe unproven claims about any of the judges acting at the behest of the camps. I am going through her details to evaluate her rationales.


Her behaviour was not surprising at all.  This is the same contempt that the GEMA wing of jubilee has approached our SCoK with as well as the general NASA population and specifically our Lakeside brothers and sisters.

Njoki besmirched the peoples' bench today when she read that pre-prepared political speech disguised as a bona-fide judgment of a supreme court judge.

It's a shame.

I had issues with Njoki's elevation to a justice particularly due to her past political activity. She was Safina nominated MP I think. 2002-2007. Basically her political leaning is public which should not be the case. Also her radical feminism. The rest of the criticism is simply driven by her dissenting opinion and her tribe. Just like Maraga and Lenaola are now hero or villain in the different camps.
That's not true. My contention since they created the SCOK was that these fresh judges should start at the High Court not the SCOK. And Njoki, me I'm criticizing her for very specific things: her personal scrutiny and the treatise she has given u in 440 pages and a really unpleasantly long reading.

Basically your critique if of style and cosmetics - not the substance. Not just you: Pundit told us Lenaola is a super-brilliant Sabaot with unquestionable integrity... but now he must be probed for corruption :D
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 21, 2017, 12:32:47 AM

Basically your critique if of style and cosmetics - not the substance. Not just you: Pundit told us Lenaola is a super-brilliant Sabaot with unquestionable integrity... but now he must be probed for corruption :D
But the scrutiny deal is plain idiotic and I gave my MANY reasons why I think so. Ignoring that to replace it with a simplistic and false motive itself shows you are yourself projecting your own biases here: basically, assuming that if you disagree, the other side's point is based on cosmetics. I like it when people engage my points and dont try to replace them with what they think they know about my motives.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Nefertiti on September 21, 2017, 12:39:05 AM

Basically your critique if of style and cosmetics - not the substance. Not just you: Pundit told us Lenaola is a super-brilliant Sabaot with unquestionable integrity... but now he must be probed for corruption :D
But the scrutiny deal is plain idiotic and I gave my MANY reasons why I think so. Ignoring that to replace it with a simplistic and false motive itself shows you are yourself projecting your own biases here: basically, assuming that if you disagree, the other side's point is based on cosmetics. I like it when people engage my points and dont try to replace them with what they think they know about my motives.

I am reading... soon to disprove your MANY points.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kim Jong-Un's Pajama Pants on September 21, 2017, 12:39:40 AM
Despite the clarity of what they need to do, IEBC are going to defy the  law and carry out a sham election.  If there is something predictable about the Kenyan, it's his addiction to lawlessness.  They will be quoting Njoki as they go about it.  Hopefully the other actors have taken something away from this ruling that they can use in lower courts to force change in IEBC.

I think they are hoping that by the time of elections, they would have put the 4 justices in a bad spot with threats, intimidation, sham investigations etc and they wont be in a position to participate the petition.

Yep.   That's it.    And it's not just Kenya, by the way; much of The Beloved Continent seems to have the same difficulty.   Contrary to popular myth, it's not bad luck, or bad weather, of fickle gods ... that explains our woes.

On the matter at hand: some of the commentaries here are bizarre.   I can't tell whether it's because the writers don't really understand what the SC case was really all about, or whether they are simply into misguided mischief, or ... Whatever mission they are on, I know better than to try and point out facts and reality ... What I have to say can be summarized in one sentence: if the process is so f**ked up that one can't make sense of the numbers, then, for all practical purposes, the elections were not valid.

Moving along ...

I have been truly astonished by the mindless attacks on the judiciary, started and led by Uhuru, who should be at the forefront of urging respect for the judiciary, even when they rule against him, and then taken by by everyone keen to suck his <redacted>: Once Uhuru blew the horn, all sorts of scurrilous types emerged from the woodwork, all trying to outdo each other in sucking up to the Uhuru and Ruto ... complete with all sorts of nonsensical applications, affidavits and what not ... badly done crap (forgeries included) that, surprisingly, seems to as "truth until proven otherwise".

Let me go back and replace the "astonished" above with "truly horrified".   If that seems excessive, my explanation is as follows.     Countries that find themselves in dire straits don't just suddenly wake up one day and find themselves there.   If one looks carefully at the history, one will find that one of the chief reasons is a "small-small" erosion of real respect for the law, and it is sometimes worthwhile to reflect on why people have in the first place developed legal systems.   In Kenya, we continuously had small-small "erosion" under Johnstone Kamau, subsequently accelerated by Daniel Arap Moi.   We know how that turned out.   Even the 2007-2008 PEV was not a "sudden eruption", if one considers what had preceded it.

The wild attacks on the judiciary reflect a serious failure to think on a long-term basis.  Low-level, manamba types may be excused for not being able to think, but there are quite a few others who should know better.   

Regardless of who "wins" in the October elections, I see Kenya entering a period of "New Lawlessness" that, depending on who is declared president, will involve one of: (a) the legislature against what is good for the country, or (b) the legislature and the executive against what is good for the country.    In either case, there are just three things to watch out for: sucking-up, power and eating.   On the present path, it's guaranteed to end in tears for most Kenyans; the only issue will be how long it takes.    History.

I have mostly been an "active" contributor to nipate.org, but probably won't be anymore---except on things like the music thread and athletics.   Contrary to what I previously thought, all other discussions (politics, law, economics, ...) are good for entertainment and not much else---certainly not the hoped-for goal of having a better understanding of how we can improve things in Kenya.    The sheer stupidity, venality, tribalism, ... have shaken me out of my reverie.

Chief Justice Maraga:   A genuine and 100% surprise.   Expected by many to be a toe-the-line sucker-up---and I was among those who mocked his return to the "bird's nest", as a symbol of retrograde thinking----he has proved "wrong" many of those who were on either side of his appointment.    One hopes that his refusal to be cowed or bought will inspire the lower legions.

Yeah.  The Kenyan is possibly the most hopelessly tribal African.  Tribe tells him when it is okay for someone to loot billions borrowed in his name, saddling him and his grand-kids with the debt, all while he continues to cheer the thief to greater heights.  And this shit is defended, even on national TV, with fairly serious sounding talk.  It's pathetic.

With Maraga, the irony is these guys will likely push him out in favor of Ojwang and Njoki, if his independence does not catch on fast in institutions like JSC(likely the next tool in their arsenal).  The cover of legalism, while doing illegal things, has been one of the secrets to their longevity in Kenya.  They are not about to lose it and be exposed.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 21, 2017, 12:41:04 AM

Basically your critique if of style and cosmetics - not the substance. Not just you: Pundit told us Lenaola is a super-brilliant Sabaot with unquestionable integrity... but now he must be probed for corruption :D
But the scrutiny deal is plain idiotic and I gave my MANY reasons why I think so. Ignoring that to replace it with a simplistic and false motive itself shows you are yourself projecting your own biases here: basically, assuming that if you disagree, the other side's point is based on cosmetics. I like it when people engage my points and dont try to replace them with what they think they know about my motives.
I am reading... soon to disprove your MANY points.
You are most welcome to, have a ball! :D Just don't tell me my motives please.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 21, 2017, 12:44:39 AM
Yep.   That's it.    And it's not just Kenya, by the way; much of The Beloved Continent seems to have the same difficulty.   Contrary to popular myth, it's not bad luck, or bad weather, of fickle gods ... that explains our woes.

On the matter at hand: some of the commentaries here are bizarre.   I can't tell whether it's because the writers don't really understand what the SC case was really all about, or whether they are simply into misguided mischief, or ... Whatever mission they are on, I know better than to try and point out facts and reality ... What I have to say can be summarized in one sentence: if the process is so f**ked up that one can't make sense of the numbers, then, for all practical purposes, the elections were not valid.

Moving along ...

I have been truly astonished by the mindless attacks on the judiciary, started and led by Uhuru, who should be at the forefront of urging respect for the judiciary, even when they rule against him, and then taken by by everyone keen to suck his <redacted>: Once Uhuru blew the horn, all sorts of scurrilous types emerged from the woodwork, all trying to outdo each other in sucking up to the Uhuru and Ruto ... complete with all sorts of nonsensical applications, affidavits and what not ... badly done crap (forgeries included) that, surprisingly, seems to as "truth until proven otherwise".

Let me go back and replace the "astonished" above with "truly horrified".   If that seems excessive, my explanation is as follows.     Countries that find themselves in dire straits don't just suddenly wake up one day and find themselves there.   If one looks carefully at the history, one will find that one of the chief reasons is a "small-small" erosion of real respect for the law, and it is sometimes worthwhile to reflect on why people have in the first place developed legal systems.   In Kenya, we continuously had small-small "erosion" under Johnstone Kamau, subsequently accelerated by Daniel Arap Moi.   We know how that turned out.   Even the 2007-2008 PEV was not a "sudden eruption", if one considers what had preceded it.

The wild attacks on the judiciary reflect a serious failure to think on a long-term basis.  Low-level, manamba types may be excused for not being able to think, but there are quite a few others who should know better.   

Regardless of who "wins" in the October elections, I see Kenya entering a period of "New Lawlessness" that, depending on who is declared president, will involve one of: (a) the legislature against what is good for the country, or (b) the legislature and the executive against what is good for the country.    In either case, there are just three things to watch out for: sucking-up, power and eating.   On the present path, it's guaranteed to end in tears for most Kenyans; the only issue will be how long it takes.    History.

I have mostly been an "active" contributor to nipate.org, but probably won't be anymore---except on things like the music thread and athletics.   Contrary to what I previously thought, all other discussions (politics, law, economics, ...) are good for entertainment and not much else---certainly not the hoped-for goal of having a better understanding of how we can improve things in Kenya.    The sheer stupidity, venality, tribalism, ... have shaken me out of my reverie.

Chief Justice Maraga:   A genuine and 100% surprise.   Expected by many to be a toe-the-line sucker-up---and I was among those who mocked his return to the "bird's nest", as a symbol of retrograde thinking----he has proved "wrong" many of those who were on either side of his appointment.    One hopes that his refusal to be cowed or bought will inspire the lower legions.

Yeah.  The Kenyan is possibly the most hopelessly tribal African.  Tribe tells him when it is okay for someone to loot billions borrowed in his name, saddling him and his grand-kids with the debt, all while he continues to cheer the thief to greater heights.  And this shit is defended, even on national TV, with fairly serious sounding talk.  It's pathetic.

With Maraga, the irony is these guys will likely push him out in favor of Ojwang and Njoki, if his independence does not catch on fast in institutions like JSC(likely the next tool in their arsenal).  The cover of legalism, while doing illegal things, has been one of the secrets to their longevity in Kenya.  They are not about to lose it and be exposed.
We are tired of tribal Kenya and are going to try and build another one and try this again and see if things will be different. You guys are welcome to join the adventure! :D
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kim Jong-Un's Pajama Pants on September 21, 2017, 12:50:19 AM
Yep.   That's it.    And it's not just Kenya, by the way; much of The Beloved Continent seems to have the same difficulty.   Contrary to popular myth, it's not bad luck, or bad weather, of fickle gods ... that explains our woes.

On the matter at hand: some of the commentaries here are bizarre.   I can't tell whether it's because the writers don't really understand what the SC case was really all about, or whether they are simply into misguided mischief, or ... Whatever mission they are on, I know better than to try and point out facts and reality ... What I have to say can be summarized in one sentence: if the process is so f**ked up that one can't make sense of the numbers, then, for all practical purposes, the elections were not valid.

Moving along ...

I have been truly astonished by the mindless attacks on the judiciary, started and led by Uhuru, who should be at the forefront of urging respect for the judiciary, even when they rule against him, and then taken by by everyone keen to suck his <redacted>: Once Uhuru blew the horn, all sorts of scurrilous types emerged from the woodwork, all trying to outdo each other in sucking up to the Uhuru and Ruto ... complete with all sorts of nonsensical applications, affidavits and what not ... badly done crap (forgeries included) that, surprisingly, seems to as "truth until proven otherwise".

Let me go back and replace the "astonished" above with "truly horrified".   If that seems excessive, my explanation is as follows.     Countries that find themselves in dire straits don't just suddenly wake up one day and find themselves there.   If one looks carefully at the history, one will find that one of the chief reasons is a "small-small" erosion of real respect for the law, and it is sometimes worthwhile to reflect on why people have in the first place developed legal systems.   In Kenya, we continuously had small-small "erosion" under Johnstone Kamau, subsequently accelerated by Daniel Arap Moi.   We know how that turned out.   Even the 2007-2008 PEV was not a "sudden eruption", if one considers what had preceded it.

The wild attacks on the judiciary reflect a serious failure to think on a long-term basis.  Low-level, manamba types may be excused for not being able to think, but there are quite a few others who should know better.   

Regardless of who "wins" in the October elections, I see Kenya entering a period of "New Lawlessness" that, depending on who is declared president, will involve one of: (a) the legislature against what is good for the country, or (b) the legislature and the executive against what is good for the country.    In either case, there are just three things to watch out for: sucking-up, power and eating.   On the present path, it's guaranteed to end in tears for most Kenyans; the only issue will be how long it takes.    History.

I have mostly been an "active" contributor to nipate.org, but probably won't be anymore---except on things like the music thread and athletics.   Contrary to what I previously thought, all other discussions (politics, law, economics, ...) are good for entertainment and not much else---certainly not the hoped-for goal of having a better understanding of how we can improve things in Kenya.    The sheer stupidity, venality, tribalism, ... have shaken me out of my reverie.

Chief Justice Maraga:   A genuine and 100% surprise.   Expected by many to be a toe-the-line sucker-up---and I was among those who mocked his return to the "bird's nest", as a symbol of retrograde thinking----he has proved "wrong" many of those who were on either side of his appointment.    One hopes that his refusal to be cowed or bought will inspire the lower legions.

Yeah.  The Kenyan is possibly the most hopelessly tribal African.  Tribe tells him when it is okay for someone to loot billions borrowed in his name, saddling him and his grand-kids with the debt, all while he continues to cheer the thief to greater heights.  And this shit is defended, even on national TV, with fairly serious sounding talk.  It's pathetic.

With Maraga, the irony is these guys will likely push him out in favor of Ojwang and Njoki, if his independence does not catch on fast in institutions like JSC(likely the next tool in their arsenal).  The cover of legalism, while doing illegal things, has been one of the secrets to their longevity in Kenya.  They are not about to lose it and be exposed.
We are tired of tribal Kenya and are going to try and build another one and try it again and see if things will be different. You guys are welcome to join the adventure! :D

These next few months could be interesting.  I have been seeing the S word coming up more and more openly.  Even Otiende Amollo brought it up in an interview recently.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Nefertiti on September 21, 2017, 12:52:07 AM
You are most welcome to, have a ball! :D Just don't tell me my motives please.

Sorry Kadame am not picking on you. Why do people hate Sussana :( Personally I am disappointed because she turned out not to be brilliant as I thought of her in the past. Before she joined SCOK. But you're brunt... guess am projecting my disillusion on you.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 21, 2017, 01:03:41 AM
You are most welcome to, have a ball! :D Just don't tell me my motives please.

Sorry Kadame am not picking on you. Why do people hate Sussana :( Personally I am disappointed because she turned out not to be brilliant as I thought of her in the past. Before she joined SCOK. But you're brunt... guess am projecting my disillusion on you.
Njoki was my hero when she came up with the sexual offenses act and was forefront in the Bomas movement. I remember all her talks of "Wanjiku" back in the day. I don't hate her and don't think she's dumb, even in 2013, I didn't hate her. I thought she and the rest chickened out of defying power. But to be fair, in 2013, she didn't give her own "work". Today, the only thing that made me say the "dumb" word was the claim by Pundit that she said she personally scrutinized those forms and on the basis of that personal scrutiny rubbished the scrutiny report done by tens of people on 4000 forms. I still find that amazing.  :o Otherwise, the rest are the same disagreements we've had about process/ballots, substance/procedure etc. Now THERE's your ideological divide. And of course anybody making us listen to them for hours unnecessarily had to be mercilessly roasted, that's just the rule of burning people's time! :D
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: bryan275 on September 21, 2017, 01:18:07 AM
Does this happen in the US? praise and scorn - caricature - of the SCOTUS justices.
In fairness to SCOTUS, whichever side they fall on, they don't say stupid s***. :D That Githu interpretation from 2013 would have never seen the light of day. Dont get me started on British courts..... I think the problem is when courts do things you don't just consider "wrong" but dumb. Makes you think they must be corrupt.

Ahem, what get's your back up about English and Welsh Courts?  and yes, they are separated out as the Scots have their own legal process...while the English and welsh manage theirs in tandem.
I wasn't talking about all those. Just the unmatched House of Lords and the Judicial Committee of the Privy Council. The latter was the "Supreme Court" for the entire British empire that covered nearly a quarter of the world and was for the longest time the most important court in the world. The House of Lords was the "Supreme Court" for the UK..the only part of the "empire" that was outside the jurisdiction of the Privy Council.


I see how the Privy council was an abnormality.. it still exists by the way.  Although these days the UK does have a "real" supreme court with The European Court of Justice and European Court of Human Rights being the highest courts in the EU.  These are the biggest thorns in the Brexit side.
The House of Lords has always been a real supreme court, it just got officially permanently separated from the parliamentary house of Lords when it became the SCUK, but it has always been that. The Privy Council is the last appelate court for some British territories and a few ex-colonies in the Carribean. but it used to be yuuuge. It was an inspiration to the design of the PCIJ/ICJ (the "world court"/the court of the UN). Yes, I know about the European courts (kind of my field :)) Privy Council was a great court, if only it wasn't so associated with colonialism.

OK, this is my stop.  I'm not one for reading lengthy legal opinions, that's why I chose a fairly numerical field. 
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Nefertiti on September 21, 2017, 01:44:06 AM
OK, this is my stop.  I'm not one for reading lengthy legal opinions, that's why I chose a fairly numerical field.

bryan we ok with your one-liners... opposites attract
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 21, 2017, 01:44:18 AM


OK, this is my stop.  I'm not one for reading lengthy legal opinions, that's why I chose a fairly numerical field.
Oh no! Hope I didnt offend you, Brian. Sometimes I get away from myself. Maybe I have Njoki's verbiage disease . I hate my field actually. I wish I could start over, do something else. :(
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 21, 2017, 04:38:54 AM
Njoki destroyed the four Judges by meticulously going through the forms.This now call for investigation of the so called scrutiny and roles of the registry.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 21, 2017, 04:39:52 AM
And in other news the NASA demand to Iebc now have no basis after wakora 4 found nothing on specific staff... seem the only change required is to improve kiems and verification
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kichwa on September 21, 2017, 06:29:33 AM
Stop misleading yourself.  This was not a criminal proceeding. Tobiko should have been on this case as soon as the judges found illegalities.  Like Orengo said, Iebc HQ should have been treated as a crime scene and evidence secured and preserved. Tobiko only needed suspicion that crimes were committed to begin an investigation.  The findings by the court that illegalities were committed was more than mere suspicion and rose above the level of  "probable cause" which is usually enough to arrest people, and to get a search and seize warrants.  These were very serious allegations that;  election documents were altered and forged; that servers were hacked; that IEBC's individuals not authorized logged into the IEBC servers and made changes and deletions; that Chebukati's log in credentials was used without his knowledge, etc. Parliament should be right now putting together a committee to investigate these irregularities and illegalities as an independent body. 

If this was the US or some western country,  there would be a special prosecutor with teams of lawyers, ICT experts and all kinds of experts being put together to commence  the biggest round up and prosecution of a criminal enterprise that could end up with the president, his Deputy, and ministers going to jail. There would be parliamentary committees being formed and public hearings being commenced with subpoen's flying left right and center.  Kenya is truly still a banana republic and it is pathetic to watch how people casually deal with these high crimes and misdemeanors. 

NASA is not going to let this go. Those who think they have gotten away with murder like chirchir who logged in from Bomet should not start celebrating yet. Tobiko will be compelled to investigate this matter if he refuses to do so on his own. There is really nothing he has been waiting for to do his job. 

And in other news the NASA demand to Iebc now have no basis after wakora 4 found nothing on specific staff... seem the only change required is to improve kiems and verification
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 21, 2017, 06:37:46 AM
And in other news the NASA demand to Iebc now have no basis after wakora 4 found nothing on specific staff... seem the only change required is to improve kiems and verification

Otiende Amollo was clear,
The only negro they charged with crime was Uhunye and they was rightly thrown out.

Maraga did not have to comment on criminal culpability of IEBC or its staff since it was not in the pleadings. He only did it because it was a national subject thanks to NASWA

Still, NASWA's claim for reforming IEBC are certainly deflated. Babu is still toying with the theory if 'withdraw-force-constitutional-crisis'.

Jubilee are elated, no rigging, Uhunye is clean, it's all about logs and barcodes not votes. They sure as hell will craft a campaign message around a stolen victory with much ease.

Maraga just threw them a lifeline, let the mzee be.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kim Jong-Un's Pajama Pants on September 21, 2017, 06:38:47 AM
Njoki spent 3 hours litigating a non-existent petition!
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 21, 2017, 06:44:40 AM
Stop misleading yourself.  This was not a criminal proceeding. Tobiko should have been on this case as soon as the judges found illegalities.  Like Orengo said, Iebc HQ should have been treated as a crime scene and evidence secured and preserved. Tobiko only needed suspicion that crimes were committed to begin an investigation.  The findings by the court that illegalities were committed was more than mere suspicion and rose above the level of  "probable cause" which is usually enough to arrest people, and to get a search and seize warrants.  These were very serious allegations that;  election documents were altered and forged; that servers were hacked; that IEBC's individuals not authorized logged into the IEBC servers and made changes and deletions; that Chebukati's log in credentials was used without his knowledge, etc. Parliament should be right now putting together a committee to investigate these irregularities and illegalities as an independent body. 

If this was the US or some western country,  there would be a special prosecutor with teams of lawyers, ICT experts and all kinds of experts being put together to commence  the biggest round up and prosecution of a criminal enterprise that could end up with the president, his Deputy, and ministers going to jail. There would be parliamentary committees being formed and public hearings being commenced with subpoen's flying left right and center.  Kenya is truly still a banana republic and it is pathetic to watch how people casually deal with these high crimes and misdemeanors. 

NASA is not going to let this go. Those who think they have gotten away with murder like chirchir who logged in from Bomet should not start celebrating yet. Tobiko will be compelled to investigate this matter if he refuses to do so on his own. There is really nothing he has been waiting for to do his job. 

And in other news the NASA demand to Iebc now have no basis after wakora 4 found nothing on specific staff... seem the only change required is to improve kiems and verification

You're right.
But criminal proceedings this late are unlikely to sway voters, unlikely o have gotten far by election date, and feeds into the stereotype of NASWA being litigious. If NASWA loses, it will make even less sense chasing them as it'll be overtaken by events.

And don't forget IEBC won't go down without a fight, they will have all the time in the court o defend themselves. ICT crimes are not exactly easy to prove.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kichwa on September 21, 2017, 06:47:46 AM
Nobody should celebrate yet.  The findings of illegalities is now enough for NASA to demand that Tobiko do his job.  Tobiko did not expect an electoral court to do a criminal investigation and hand him evidence to prosecute. Immediately a finding of illegality was made by the court, Tobiko more than a suspicion which is usually needed to commence a criminal investigation. He has given these criminals so much time to destroy evidence.  Actually Tobiko should be removed for dereliction of duty.

And in other news the NASA demand to Iebc now have no basis after wakora 4 found nothing on specific staff... seem the only change required is to improve kiems and verification

Otiende Amollo was clear,
The only negro they charged with crime was Uhunye and they was rightly thrown out.

Maraga did not have to comment on criminal culpability of IEBC or its staff since it was not in the pleadings. He only did it because it was a national subject thanks to NASWA

Still, NASWA's claim for reforming IEBC are certainly deflated. Babu is still toying with the theory if 'withdraw-force-constitutional-crisis'.

Jubilee are elated, no rigging, Uhunye is clean, it's all about logs and barcodes not votes. They sure as hell will craft a campaign message around a stolen victory with much ease.

Maraga just threw them a lifeline, let the mzee be.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kichwa on September 21, 2017, 06:49:13 AM
Criminal prosecutions are usually not supposed to sway voters.

Stop misleading yourself.  This was not a criminal proceeding. Tobiko should have been on this case as soon as the judges found illegalities.  Like Orengo said, Iebc HQ should have been treated as a crime scene and evidence secured and preserved. Tobiko only needed suspicion that crimes were committed to begin an investigation.  The findings by the court that illegalities were committed was more than mere suspicion and rose above the level of  "probable cause" which is usually enough to arrest people, and to get a search and seize warrants.  These were very serious allegations that;  election documents were altered and forged; that servers were hacked; that IEBC's individuals not authorized logged into the IEBC servers and made changes and deletions; that Chebukati's log in credentials was used without his knowledge, etc. Parliament should be right now putting together a committee to investigate these irregularities and illegalities as an independent body. 

If this was the US or some western country,  there would be a special prosecutor with teams of lawyers, ICT experts and all kinds of experts being put together to commence  the biggest round up and prosecution of a criminal enterprise that could end up with the president, his Deputy, and ministers going to jail. There would be parliamentary committees being formed and public hearings being commenced with subpoen's flying left right and center.  Kenya is truly still a banana republic and it is pathetic to watch how people casually deal with these high crimes and misdemeanors. 

NASA is not going to let this go. Those who think they have gotten away with murder like chirchir who logged in from Bomet should not start celebrating yet. Tobiko will be compelled to investigate this matter if he refuses to do so on his own. There is really nothing he has been waiting for to do his job. 

And in other news the NASA demand to Iebc now have no basis after wakora 4 found nothing on specific staff... seem the only change required is to improve kiems and verification

You're right.
But criminal proceedings this late are unlikely to sway voters, unlikely o have gotten far by election date, and feeds into the stereotype of NASWA being litigious. If NASWA loses, it will make even less sense chasing them as it'll be overtaken by events.

And don't forget IEBC won't go down without a fight, they will have all the time in the court o defend themselves. ICT crimes are not exactly easy to prove.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kim Jong-Un's Pajama Pants on September 21, 2017, 06:49:54 AM
Stop misleading yourself.  This was not a criminal proceeding. Tobiko should have been on this case as soon as the judges found illegalities.  Like Orengo said, Iebc HQ should have been treated as a crime scene and evidence secured and preserved. Tobiko only needed suspicion that crimes were committed to begin an investigation.  The findings by the court that illegalities were committed was more than mere suspicion and rose above the level of  "probable cause" which is usually enough to arrest people, and to get a search and seize warrants.  These were very serious allegations that;  election documents were altered and forged; that servers were hacked; that IEBC's individuals not authorized logged into the IEBC servers and made changes and deletions; that Chebukati's log in credentials was used without his knowledge, etc. Parliament should be right now putting together a committee to investigate these irregularities and illegalities as an independent body. 

If this was the US or some western country,  there would be a special prosecutor with teams of lawyers, ICT experts and all kinds of experts being put together to commence  the biggest round up and prosecution of a criminal enterprise that could end up with the president, his Deputy, and ministers going to jail. There would be parliamentary committees being formed and public hearings being commenced with subpoen's flying left right and center.  Kenya is truly still a banana republic and it is pathetic to watch how people casually deal with these high crimes and misdemeanors. 

NASA is not going to let this go. Those who think they have gotten away with murder like chirchir who logged in from Bomet should not start celebrating yet. Tobiko will be compelled to investigate this matter if he refuses to do so on his own. There is really nothing he has been waiting for to do his job. 

And in other news the NASA demand to Iebc now have no basis after wakora 4 found nothing on specific staff... seem the only change required is to improve kiems and verification

Mwilu categorically said that IEBC disobeyed the court order on servers.  It should not be difficult to finger the crook(s) behind this defiance.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: GeeMail on September 21, 2017, 07:28:49 AM
Njoki destroyed the four Judges by meticulously going through the forms.This now call for investigation of the so called scrutiny and roles of the registry.
Pundit this is it for me in this Njoki dissenting opinion. Njoki went through all the forms? Counting, scrutinizing and perhaps tallying? As who? Where was the court at the time? With hindsight, this is the precise problem with Kenyan elections. As soon as voting is done or before voting is done, private persons mark, count, tally and transmit the results. This is what she did. She knows we can't trust that. Did NIS help her?
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 21, 2017, 07:36:50 AM
What do you mean as who? That role of judges - to scrutinize forms and even ballots - that is why IEBC are ordered by law to deposit all the forms at SCOK as soon as petition is filled. What Njoki did calls for investigation into the scrutiny by Registar - which the Wakora 4 relied heavily to make the rulling. This ought to be done as of today. Something clearly isn't right - because Njoki is saying she examined the forms..and they were all good...while Registry led process raised issues.

I've heard Akombe and some IEBC staff might have planted fake forms.....

In short nothing short we need a public inquiry. Parliament should immediately commence investigation into this.

Pundit this is it for me in this Njoki dissenting opinion. Njoki went through all the forms? Counting, scrutinizing and perhaps tallying? As who? Where was the court at the time? With hindsight, this is the precise problem with Kenyan elections. As soon as voting is done or before voting is done, private persons mark, count, tally and transmit the resukts. This is what she did. She kniws we can't trust that. Did NIS help her?
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Omollo on September 21, 2017, 07:38:41 AM
The report commissioned by the court - Njoki included - is there for all to see, She can rub each form 34 with her pussy a hundred times if she wishes but it will not change the facts.

What she did is to declare that there is no such thing as a forgery. She then went ahead to please her tribesmen and Pundit (assuming he stayed awake as we listened and watched the entire crap out of habit!)

The majority followed the dictates of the law. Forgeries, counterfeits are illegalities that confer no benefit and must be discarded. In Njoki's Uthamaki jurisprudence, if you turn up at the bank with bank notes amounting to 1 billion shillings, the bank manager must credit your account with the full amount even while knowing full well that all or most the said bank notes are counterfeit wash wash! Because in her opinion every bank note must count! Crap!
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 21, 2017, 07:41:38 AM
Go slow on Choo.com kind of matusi. She has put his scrutiny on records. The questions now is why does he scrutiny differs with Nyakai's led process. Nothing prevent SCOK judges from doing her own scrutiny. In fact that is what the law expect them to do....not to delegate that job to the registar. Something clearly is broken here. It's either Njoki is lying or Nyakai is lying.
The report commissioned by the court - Njoki included - is there for all to see, She can rub each form 34 with her pussy a hundred times if she wishes but it will not change the facts.

What she did is to declare that there is no such thing as a forgery. She then went ahead to please her tribesmen and Pundit (assuming he stayed awake as we listened and watched the entire crap out of habit!)

The majority followed the dictates of the law. Forgeries, counterfeits are illegalities that confer no benefit and must be discarded. In Njoki's Uthamaki jurisprudence, if you turn up at the bank with bank notes amounting to 1 billion shillings, the bank manager must credit your account with the full amount even while knowing full well that all or most the said bank notes are counterfeit wash wash! Because in her opinion every bank note must count! Crap!

Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Omollo on September 21, 2017, 07:46:36 AM
There is no law that orders anybody to deposit anything at the court because of a petition. A party may make such an application and leave it to the court to decide. The court may in so deciding also consider how best to accommodate the applications implementation.

What we have is a judge working closely with the state to sabotage an institution. The scrutiny was done in the presence of the respondents and by experts acceptable to all the parties. The parties had a clear opportunity (which all made use of) to dissent and cause their opinion to be recorded.

What is Njoki's expertise in counterfeiting? oh sorry I forgot ... she says that does not matter... what is on the forms is what matters! Serial numbers can miss etc.

Any way Pundit, this is for you to debate for the next several years! We debated 2013 for the last four years. It is your turn. Enjoy bro!

What do you mean as who? That role of judges - to scrutinize forms and even ballots - that is why IEBC are ordered by law to deposit all the forms at SCOK as soon as petition is filled. What Njoki did calls for investigation into the scrutiny by Registar - which the Wakora 4 relied heavily to make the rulling. This ought to be done as of today. Something clearly isn't right - because Njoki is saying she examined the forms..and they were all good...while Registry led process raised issues.

I've heard Akombe and some IEBC staff might have planted fake forms.....

In short nothing short we need a public inquiry. Parliament should immediately commence investigation into this.

Pundit this is it for me in this Njoki dissenting opinion. Njoki went through all the forms? Counting, scrutinizing and perhaps tallying? As who? Where was the court at the time? With hindsight, this is the precise problem with Kenyan elections. As soon as voting is done or before voting is done, private persons mark, count, tally and transmit the resukts. This is what she did. She kniws we can't trust that. Did NIS help her?
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 21, 2017, 07:49:18 AM
Njoki's claims are easy to disprove. She named specific forms. All you need is scrutinize them again...originals that is, and contrast your findings with hers and the scrutiny report.

Why does this hurt many here?
Shouldn't they be interested in the veracity of her statement?
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Omollo on September 21, 2017, 07:51:10 AM
I will look at her written judgment when Mucheru allows the judiciary website back online.

The registrar cannot be lying when Uhuru people were present and did not DISPUTE her findings and went ahead to sign. Their recorded objections are noted (both Raila and Uhuru) while other cases were not disputed. So where did Njoki obtain forms that previously missed serial numbers? Do bar codes grow back on forms? Do photo copies suddenly become original after a week of "growth"

Go slow on Choo.com kind of matusi. She has put his scrutiny on records. The questions now is why does he scrutiny differs with Nyakai's led process. Nothing prevent SCOK judges from doing her own scrutiny. In fact that is what the law expect them to do....not to delegate that job to the registar. Something clearly is broken here. It's either Njoki is lying or Nyakai is lying.
The report commissioned by the court - Njoki included - is there for all to see, She can rub each form 34 with her pussy a hundred times if she wishes but it will not change the facts.

What she did is to declare that there is no such thing as a forgery. She then went ahead to please her tribesmen and Pundit (assuming he stayed awake as we listened and watched the entire crap out of habit!)

The majority followed the dictates of the law. Forgeries, counterfeits are illegalities that confer no benefit and must be discarded. In Njoki's Uthamaki jurisprudence, if you turn up at the bank with bank notes amounting to 1 billion shillings, the bank manager must credit your account with the full amount even while knowing full well that all or most the said bank notes are counterfeit wash wash! Because in her opinion every bank note must count! Crap!

Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Omollo on September 21, 2017, 07:53:25 AM
I will scrutinize for academic purposes.

vooke do you think the judge hearing the Musando Inquest (whenever it is called) should conduct her own autopsy? Njoki could have ordered another exercise. BTW I have a lot of doubts that she had the time and capacity to do that in the limited time available.

Use your usually sharp mind to see through this.

Njoki's claims are easy to disprove. She named specific forms. All you need is scrutinize them again...originals that is, and contrast your findings with hers and the scrutiny report.

Why does this hurt many here?
Shouldn't they be interested in the veracity of her statement?
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 21, 2017, 07:55:47 AM
After IEBC conducts elections the re-run on 17th October and Uhuru is sworn in - you can have them for breakfast, lunch and dinner. My worry was the Wakora 4 would aid Raila's attempt to paralyze IEBC by slicing key staff when we have one month to go.
Stop misleading yourself.  This was not a criminal proceeding. Tobiko should have been on this case as soon as the judges found illegalities.  Like Orengo said, Iebc HQ should have been treated as a crime scene and evidence secured and preserved. Tobiko only needed suspicion that crimes were committed to begin an investigation.  The findings by the court that illegalities were committed was more than mere suspicion and rose above the level of  "probable cause" which is usually enough to arrest people, and to get a search and seize warrants.  These were very serious allegations that;  election documents were altered and forged; that servers were hacked; that IEBC's individuals not authorized logged into the IEBC servers and made changes and deletions; that Chebukati's log in credentials was used without his knowledge, etc. Parliament should be right now putting together a committee to investigate these irregularities and illegalities as an independent body. 

If this was the US or some western country,  there would be a special prosecutor with teams of lawyers, ICT experts and all kinds of experts being put together to commence  the biggest round up and prosecution of a criminal enterprise that could end up with the president, his Deputy, and ministers going to jail. There would be parliamentary committees being formed and public hearings being commenced with subpoen's flying left right and center.  Kenya is truly still a banana republic and it is pathetic to watch how people casually deal with these high crimes and misdemeanors. 

NASA is not going to let this go. Those who think they have gotten away with murder like chirchir who logged in from Bomet should not start celebrating yet. Tobiko will be compelled to investigate this matter if he refuses to do so on his own. There is really nothing he has been waiting for to do his job. 
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 21, 2017, 07:56:56 AM
I will scrutinize for academic purposes.

vooke do you think the judge hearing the Musando Inquest (whenever it is called) should conduct her own autopsy?
Njoki's claims are easy to disprove. She named specific forms. All you need is scrutinize them again...originals that is, and contrast your findings with hers and the scrutiny report.

Why does this hurt many here?
Shouldn't they be interested in the veracity of her statement?
Bro
I found her claim preposterous and super easily disprovable. Someone should go for it. That's all.


Majority full Judgement
https://drive.google.com/file/d/0B2rMMQJiqMB8UHRlRzhUUXV3QlU/view?usp=drivesdk

Dissenting Opinion Jackton Ojwang
https://drive.google.com/file/d/0B2rMMQJiqMB8VzB5U21mTzZCZ3M/view?usp=drivesdk

Dissenting Opinion Njoki
https://drive.google.com/file/d/0B2rMMQJiqMB8eUpoLTJBWXFMYUE/view?usp=drivesdk



Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Omollo on September 21, 2017, 07:58:30 AM
Wake me up when the election is over and Uhuru is sworn in
Quote
[290] Suppose, however, that the candidates, or a candidate who took part in the original election, dies or abandons the electoral quest before the scheduled date: then the provisions of Article 138(1) (b) would become applicable, with fresh nominations ensuing.
After IEBC conducts elections the re-run on 17th October and Uhuru is sworn in - you can have them for breakfast, lunch and dinner.

Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 21, 2017, 07:58:55 AM
The issues then becomes did IEBC present different set of papers? Was there moles in IEBC who planted fake forms? If you read the scrutiny report - NASA seem to know which forms to look for? In short this call for public inquiry where all the parties involved get to testify. I'd expect parliament and Uhuru to do that - if Judiciary don't do this. Njoki should present his forms...and Nyakai her forms...and IEBC should explain why there is such discrepancies?
I will look at her written judgment when Mucheru allows the judiciary website back online.

The registrar cannot be lying when Uhuru people were present and did not DISPUTE her findings and went ahead to sign. Their recorded objections are noted (both Raila and Uhuru) while other cases were not disputed. So where did Njoki obtain forms that previously missed serial numbers? Do bar codes grow back on forms? Do photo copies suddenly become original after a week of "growth"
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 21, 2017, 08:01:08 AM
Yeah it sure hurts the likes of Kadame or Omollo - coz they know Njoki methodologically deconstructed the main evidence used by the majority. She has my respect now. Lenaola has disappointed but Njoki has suprised with her thoroughness.
Njoki's claims are easy to disprove. She named specific forms. All you need is scrutinize them again...originals that is, and contrast your findings with hers and the scrutiny report.
Why does this hurt many here?
Shouldn't they be interested in the veracity of her statement?
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 21, 2017, 08:02:32 AM
When is Raila abandoing her quest...let him do it today so we can have the so called fresh nomination and get done with this.
Wake me up when the election is over and Uhuru is sworn in
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Omollo on September 21, 2017, 08:06:26 AM
This is nonsense. There is a reason judges do not conduct autopsies or conduct searches. We have a different system from Italy, Spain etc where Judges are also investigators.

Will she vacate her bench seat take the witness stand cross examine herself before returning to the bench to rule. That hinges on misconduct. She could have ordered another examination. This smells like the NIS out to cause mischief.

The issues then becomes did IEBC present different set of papers? Was there moles in IEBC who planted fake forms? If you read the scrutiny report - NASA seem to know which forms to look for? In short this call for public inquiry where all the parties involved get to testify. I'd expect parliament and Uhuru to do that - if Judiciary don't do this. Njoki should present his forms...and Nyakai her forms...and IEBC should explain why there is such discrepancies?
I will look at her written judgment when Mucheru allows the judiciary website back online.

The registrar cannot be lying when Uhuru people were present and did not DISPUTE her findings and went ahead to sign. Their recorded objections are noted (both Raila and Uhuru) while other cases were not disputed. So where did Njoki obtain forms that previously missed serial numbers? Do bar codes grow back on forms? Do photo copies suddenly become original after a week of "growth"
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Omollo on September 21, 2017, 08:07:04 AM
Does he owe you a favor?
When is Raila abandoing her quest...let him do it today so we can have the so called fresh nomination and get done with this.
Wake me up when the election is over and Uhuru is sworn in
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 21, 2017, 08:08:47 AM
When is Raila abandoing her quest...let him do it today so we can have the so called fresh nomination and get done with this.
Wake me up when the election is over and Uhuru is sworn in
This shity idea I'm dead sure Babu has not bought it.

If he has, the strategy is to pull out very late when there's no time for IEBC or anybody else to seek an advisory opinion on the same at SCOK.

But I doubt the words of an Amica are binding though they form part of the 2013 judgement. My own layman thoughts.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: GeeMail on September 21, 2017, 08:11:47 AM
I will scrutinize for academic purposes.

vooke do you think the judge hearing the Musando Inquest (whenever it is called) should conduct her own autopsy? Njoki could have ordered another exercise. BTW I have a lot of doubts that she had the time and capacity to do that in the limited time available.

Use your usually sharp mind to see through this.

Njoki's claims are easy to disprove. She named specific forms. All you need is scrutinize them again...originals that is, and contrast your findings with hers and the scrutiny report.

Why does this hurt many here?
Shouldn't they be interested in the veracity of her statement?
That is what is even more baffling. She somehow chose to scrutinize forms on her own when even Moses Kulia opted for counting of fake ballots in Kasarani. Then she uses that as a basis for a SCOK judgement? Where did she find the time to scrutinize forms and write her judgement?
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Omollo on September 21, 2017, 08:12:20 AM
There is the little question of who becomes president after that period is expired. Temporary incumbency is not provided for beyond the 60 days. Or do you want me to spend another ten days explaining.

BTW I am glad you finally understood that if Raila pulls out Uhuru must face fresh nominations. Of course he can support Aukot's application but that would mean 60 days from the day of judgment... which would exceed the original sixty days... what a mess... by Consigliere Githu Muigai
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 21, 2017, 08:13:17 AM
Something about SCOK.
I have always wondered why Uhuruto went around advertising and using CS yet it is clearly illegal.

Kumbe the matter is before High Court and Maraga can't do nothing?

That is smart

But trust NASWA legal brains to play dumb and shove it anyway.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Omollo on September 21, 2017, 08:16:04 AM
We are still there.

The Consigliere invited the court. The court took the bait and gave the binding opinion. They are not words. It is the SCOK opinion.

shall we call this response number 5 to the same question?
This shity idea I'm dead sure Babu has not bought it.

If he has, the strategy is to pull out very late when there's no time for IEBC or anybody else to seek an advisory opinion on the same at SCOK.

But I doubt the words of an Amica are binding though they form part of the 2013 judgement. My own layman thoughts.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 21, 2017, 08:16:11 AM
There is the little question of who becomes president after that period is expired. Temporary incumbency is not provided for beyond the 60 days. Or do you want me to spend another ten days explaining.

BTW I am glad you finally understood that if Raila pulls out Uhuru must face fresh nominations. Of course he can support Aukot's application but that would mean 60 days from the day of judgment... which would exceed the original sixty days... what a mess... by Consigliere Githu Muigai
Temporary Incumbency has no fixed timelines, started on nane nane and lasts till somebody is sworn in.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 21, 2017, 08:18:09 AM
We are still there.

The Consigliere invited the court. The court took the bait and gave the binding opinion. They are not words. It is the SCOK opinion.

shall we call this response number 5 to the same question?
This shity idea I'm dead sure Babu has not bought it.

If he has, the strategy is to pull out very late when there's no time for IEBC or anybody else to seek an advisory opinion on the same at SCOK.

But I doubt the words of an Amica are binding though they form part of the 2013 judgement. My own layman thoughts.
Negro be easy,
I'm no lawyer

Ok it's binding. I still have my doubts

And you never answered on Aukot's case. If the previous opinion was set aside would Aukot be on the ballot next month, or would it be applicable to FUTURE elections?
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Omollo on September 21, 2017, 08:23:22 AM
I note that Pundit says she has a right to scrutinize the forms. I think as a judge that is not straightforward. For starters she is not an expert. Even if she were such an expert, her findings like all expert opinion must be subject to interrogation and cross examination. The parties must have a chance to be heard. If she carried out an examination, it is unilateral and no party got a chance to interrogate it.

Now will she be a witness? If she had brought up the matter in plenary, would she testify to it?

This is highly irregular and it amounts to a judge deviating seriously from the established civil procedure. It is misconduct. But I will await her written crap.

That is what is even more baffling. She somehow chose to scrutinize forms on her own when even Moses Kulia opted for counting of fake ballots in Kasarani. Then she uses that as a basis for a SCOK judgement? Where did she find the time to scrutinize forms and write her judgement?
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Omollo on September 21, 2017, 08:31:12 AM
That about Aukot is one big mess! The SCOK would have to make a determination on who got how many votes. That is yet another minefield. My take is that they will seize on his concession speech and the fact that he did not petition.
Quote
[291] Barring the foregoing scenario, does the fresh election contemplated under Article 140(3) bear the same meaning as the one contemplated under Article 138(5) and (7)? The answer depends on the nature of the petition that invalidated the original election. If the petitioner was only one of the candidates, and who had taken the second position in vote-tally to the President-elect, then the fresh election will, in law, be confined to the petitioner and the President-elect. And all the remaining candidates who did not contest the election of the President-elect, will be assumed to have either conceded defeat, or acquiesced in the results as declared by IEBC; and such candidates may not participate in the fresh election.

293] But suppose a successful petition challenging the President-elect were filed by more than one candidate who had participated in the original election. The only candidates in the fresh election, in such a case, in our opinion, would be the petitioners as well as the declared President-elect whose election had been annulled.

[294] Suppose further, that the election of a declared President-elect is annulled following the petition of a person who was not a candidate in the original election. In such a case, in our opinion, each of the Presidential-election candidates in the original election would be entitled to participate in the fresh election and no fresh nominations would be required.
Negro be easy,
I'm no lawyer

Ok it's binding. I still have my doubts

And you never answered on Aukot's case. If the previous opinion was set aside would Aukot be on the ballot next month, or would it be applicable to FUTURE elections?
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 21, 2017, 08:48:58 AM
 :lolz:
(https://s26.postimg.org/edv0mbrcp/IMG_20170921_084520.jpg)
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 21, 2017, 08:52:56 AM
You're truly nuts. This is actually the real job of a judge in a petition. They open ballots and scrutinize them. They check papers. That is job 101 of judge in a petition. The SCOK registar is not an expert. There are no expertise required to check if a form is indeed signed, stamped, has serial number and such. You may need special devices for bar codes and infra-reds but that wasn't necessary. The Wakora 4 obviously relied on the SCOK registar - and now with Njoki revelations - there is need to do an inquiry to establish where the difference came from? Did IEBC moles plant fakes forms?  That I believe is what Ngatia was alluding to when he talked of "other processes". Uhuru need to file for review of this case...in light of these evidences and the affidavit that shows improper contact btw some judges and the NASA lawyers.
I note that Pundit says she has a right to scrutinize the forms. I think as a judge that is not straightforward. For starters she is not an expert. Even if she were such an expert, her findings like all expert opinion must be subject to interrogation and cross examination. The parties must have a chance to be heard. If she carried out an examination, it is unilateral and no party got a chance to interrogate it.

Now will she be a witness? If she had brought up the matter in plenary, would she testify to it?

This is highly irregular and it amounts to a judge deviating seriously from the established civil procedure. It is misconduct. But I will await her written crap.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 21, 2017, 09:27:03 AM
Yeah it sure hurts the likes of Kadame or Omollo - coz they know Njoki methodologically deconstructed the main evidence used by the majority. She has my respect now. Lenaola has disappointed but Njoki has suprised with her thoroughness.
Njoki's claims are easy to disprove. She named specific forms. All you need is scrutinize them again...originals that is, and contrast your findings with hers and the scrutiny report.
Why does this hurt many here?
Shouldn't they be interested in the veracity of her statement?
Ati hurts me? Lol. It's a good way to put that after jumping on the single most stupid thing that was said in that court yesterday without thinking. In fact I gave her the benefit of the doubt and assumed you were putting words in her mouth for there is no way she actually said that.  :D
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 21, 2017, 09:33:31 AM
When is Raila abandoing her quest...let him do it today so we can have the so called fresh nomination and get done with this.
Wake me up when the election is over and Uhuru is sworn in
This shity idea I'm dead sure Babu has not bought it.

If he has, the strategy is to pull out very late when there's no time for IEBC or anybody else to seek an advisory opinion on the same at SCOK.

But I doubt the words of an Amica are binding though they form part of the 2013 judgment. My own layman thoughts.
Dude, they were the words of the SCOK: the amicus was simply the original source of the daft idea. :D And if you read the majority judgment, this court is not about to depart from its own previous decisions easily. In fact, yesterday I had the impression that they departed from the burden/stds of proof established in 2013, but actually, they refused to do so. Petitioners wanted them to but they maintained the same. I haven't seen anything that was challenged about SCOK previous decisions that the court agreed to change yesterday.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 21, 2017, 09:35:14 AM
All I read from you is the lols: engage your brain for a change.
lol lol bla de bla :lol: lol :lol
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 21, 2017, 09:44:36 AM
I will scrutinize for academic purposes.

vooke do you think the judge hearing the Musando Inquest (whenever it is called) should conduct her own autopsy? Njoki could have ordered another exercise. BTW I have a lot of doubts that she had the time and capacity to do that in the limited time available.

Use your usually sharp mind to see through this.

Njoki's claims are easy to disprove. She named specific forms. All you need is scrutinize them again...originals that is, and contrast your findings with hers and the scrutiny report.

Why does this hurt many here?
Shouldn't they be interested in the veracity of her statement?
That is what is even more baffling. She somehow chose to scrutinize forms on her own when even Moses Kulia opted for counting of fake ballots in Kasarani. Then she uses that as a basis for a SCOK judgement? Where did she find the time to scrutinize forms and write her judgement?
I used to think Njoki was biased but not dumb. The claim that she said this started giving me real doubts about the latter.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kichwa on September 21, 2017, 09:49:23 AM
Omollo is 100% correct on this one.  That statement destroyed her credibility completely. She will regret making it. It clearly showed she was lying or somebody wrote the opinion and she did not notice it's impact before she read it.  She cannot conduct her own investigations perform a test on her own outside the court room and include it in her decision without giving the other judges and the parties an opportunity to interrogate her findings. At this rate she might as well just want yolo and make the outrageous claim that she counted the votes herself  and found that Ouru won.

You're truly nuts. This is actually the real job of a judge in a petition. They open ballots and scrutinize them. They check papers. That is job 101 of judge in a petition. The SCOK registar is not an expert. There are no expertise required to check if a form is indeed signed, stamped, has serial number and such. You may need special devices for bar codes and infra-reds but that wasn't necessary. The Wakora 4 obviously relied on the SCOK registar - and now with Njoki revelations - there is need to do an inquiry to establish where the difference came from? Did IEBC moles plant fakes forms?  That I believe is what Ngatia was alluding to when he talked of "other processes". Uhuru need to file for review of this case...in light of these evidences and the affidavit that shows improper contact btw some judges and the NASA lawyers.
I note that Pundit says she has a right to scrutinize the forms. I think as a judge that is not straightforward. For starters she is not an expert. Even if she were such an expert, her findings like all expert opinion must be subject to interrogation and cross examination. The parties must have a chance to be heard. If she carried out an examination, it is unilateral and no party got a chance to interrogate it.

Now will she be a witness? If she had brought up the matter in plenary, would she testify to it?

This is highly irregular and it amounts to a judge deviating seriously from the established civil procedure. It is misconduct. But I will await her written crap.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 21, 2017, 09:50:29 AM
When is Raila abandoing her quest...let him do it today so we can have the so called fresh nomination and get done with this.
Wake me up when the election is over and Uhuru is sworn in
This shity idea I'm dead sure Babu has not bought it.

If he has, the strategy is to pull out very late when there's no time for IEBC or anybody else to seek an advisory opinion on the same at SCOK.

But I doubt the words of an Amica are binding though they form part of the 2013 judgment. My own layman thoughts.
Dude, they were the words of the SCOK: the amicus was simply the original source of the daft idea. :D And if you read the majority judgment, this court is not about to depart from its own previous decisions easily. In fact, yesterday I had the impression that they departed from the burden/stds of proof established in 2013, but actually, they refused to do so. Petitioners wanted them to but they maintained the same. I haven't seen anything that was challenged about SCOK previous decisions that the court agreed to change yesterday.
If there's such a risk of paralysis, you can bet Jubilee is on it. That they are daring Babu to withdraw tells me they are cocksure
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 21, 2017, 09:52:03 AM
All I read from you is the lols: engage your brain for a change.
lol lol bla de bla :lol: lol :lol
Njoki Ndung'u turned the collective interpartes scrutiny into hogwash by personally counter-checking the over 4000 forms before 1st September 2017. You are free to believe this but not to render advice on brains while doing so.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kichwa on September 21, 2017, 09:52:55 AM
Yeah. Like they were cocksure the petition would be dismissed.

When is Raila abandoing her quest...let him do it today so we can have the so called fresh nomination and get done with this.
Wake me up when the election is over and Uhuru is sworn in
This shity idea I'm dead sure Babu has not bought it.

If he has, the strategy is to pull out very late when there's no time for IEBC or anybody else to seek an advisory opinion on the same at SCOK.

But I doubt the words of an Amica are binding though they form part of the 2013 judgment. My own layman thoughts.
Dude, they were the words of the SCOK: the amicus was simply the original source of the daft idea. :D And if you read the majority judgment, this court is not about to depart from its own previous decisions easily. In fact, yesterday I had the impression that they departed from the burden/stds of proof established in 2013, but actually, they refused to do so. Petitioners wanted them to but they maintained the same. I haven't seen anything that was challenged about SCOK previous decisions that the court agreed to change yesterday.
If there's such a risk of paralysis, you can bet Jubilee is on it. That they are daring Babu to withdraw tells me they are cocksure
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 21, 2017, 09:55:10 AM
When is Raila abandoing her quest...let him do it today so we can have the so called fresh nomination and get done with this.
Wake me up when the election is over and Uhuru is sworn in
This shity idea I'm dead sure Babu has not bought it.

If he has, the strategy is to pull out very late when there's no time for IEBC or anybody else to seek an advisory opinion on the same at SCOK.

But I doubt the words of an Amica are binding though they form part of the 2013 judgment. My own layman thoughts.
Dude, they were the words of the SCOK: the amicus was simply the original source of the daft idea. :D And if you read the majority judgment, this court is not about to depart from its own previous decisions easily. In fact, yesterday I had the impression that they departed from the burden/stds of proof established in 2013, but actually, they refused to do so. Petitioners wanted them to but they maintained the same. I haven't seen anything that was challenged about SCOK previous decisions that the court agreed to change yesterday.
If there's such a risk of paralysis, you can bet Jubilee is on it. That they are daring Babu to withdraw tells me they are cocksure
They were cocksure about the petition too, don't forget.

EDIT: lOL! Sorry, Kichwa already said that. Let me add, Kibe is not exactly an outsider. His opinion gives me the impression that he feels many in his camp and outside have not fully considered the implications of that SCOK 2013 "gem" in full. Most people didn't even realize it existed until IEBC brought it up juzi.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 21, 2017, 10:24:24 AM
Njoki's claims are easy to disprove. She named specific forms. All you need is scrutinize them again...originals that is, and contrast your findings with hers and the scrutiny report.

Why does this hurt many here?
Shouldn't they be interested in the veracity of her statement?
It is the very idea that she has created ANY need to "counter-check" this to verify it that is puzzling. This was a judgment read from the bench of the SCOK! That's not how courts make their "findings".
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 21, 2017, 10:34:55 AM
Where did you get that info that scrutiny was done afterwards
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 21, 2017, 10:38:57 AM
Nobody should celebrate yet.  The findings of illegalities is now enough for NASA to demand that Tobiko do his job.  Tobiko did not expect an electoral court to do a criminal investigation and hand him evidence to prosecute. Immediately a finding of illegality was made by the court, Tobiko more than a suspicion which is usually needed to commence a criminal investigation. He has given these criminals so much time to destroy evidence.  Actually Tobiko should be removed for dereliction of duty.

And in other news the NASA demand to Iebc now have no basis after wakora 4 found nothing on specific staff... seem the only change required is to improve kiems and verification

Otiende Amollo was clear,
The only negro they charged with crime was Uhunye and they was rightly thrown out.

Maraga did not have to comment on criminal culpability of IEBC or its staff since it was not in the pleadings. He only did it because it was a national subject thanks to NASWA

Still, NASWA's claim for reforming IEBC are certainly deflated. Babu is still toying with the theory if 'withdraw-force-constitutional-crisis'.

Jubilee are elated, no rigging, Uhunye is clean, it's all about logs and barcodes not votes. They sure as hell will craft a campaign message around a stolen victory with much ease.

Maraga just threw them a lifeline, let the mzee be.
Kichwa, have you read the judgment? The courts indictment of IEBC is deep and far reaching. Anyone has a right to demand to know who was responsible for all the massive irregularities and illegalities, have them fired and then where aporopriate, prosecuted. What the court said in the end that Jubilee is harping on is that the evidence tabled before it did not show criminal culpability of any specific individuals. That was of course, true, as the court was not carrying out a criminal investigation but rather looking into the entire process of the elections. And it was indeed a massive systemic/institutional failure. The whole thing fell apart imnediately after counting of votes. Basically, after counting, it became the wild wild west in IEBC country and people did whatever the hell they wanted.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 21, 2017, 10:42:49 AM
Where did you get that info that scrutiny was done afterwards
??? After what?
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 21, 2017, 11:02:21 AM
After  the determination - on or before 1st September. Again your obtuseness is now chronic. You're alleging if I am not wrong that Njoki did the scrutiny as an afterthought (btw 1st sept-21st september) - which ambushed the other judges and is dishonest.
??? After what?
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 21, 2017, 11:06:30 AM
Of course DPP & IEBC can institute proceeding but after due course. Raila and Orengo cannot finger people on pretext of SCOK rulling. SCOK have washed their hands. Let have due process where Raila or IEBC or anybody can file complaint to DPP/Police or do private prosecution. The administrative changes including staff changes is now upon IEBC to do it independently.
Kichwa, have you read the judgment? The courts indictment of IEBC is deep and far reaching. Anyone has a right to demand to know who was responsible for all the massive irregularities and illegalities, have them fired and then where aporopriate, prosecuted. What the court said in the end that Jubilee is harping on is that the evidence tabled before it did not show criminal culpability of any specific individuals. That was of course, true, as the court was not carrying out a criminal investigation but rather looking into the entire process of the elections. And it was indeed a massive systemic/institutional failure. The whole thing fell apart imnediately after counting of votes. Basically, after counting, it became the wild wild west in IEBC country and people did whatever the hell they wanted.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 21, 2017, 11:14:17 AM
After  the determination - on or before 1st September. Again your obtuseness is now chronic. You're alleging if I am not wrong that Njoki did the scrutiny as an afterthought (btw 1st sept-21st september) - which ambushed the other judges and is dishonest.
??? After what?
Please cite said post with said allegation. YOU are saying she was able to countercheck that scrutiny before 1st September and I am simply laughing at you for it.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 21, 2017, 11:16:42 AM
Where did you get that info that scrutiny was done afterwards
Who has said any scrutiny was done at any point? And you have the gall to call others obtuse.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kim Jong-Un's Pajama Pants on September 21, 2017, 11:22:19 AM
When is Raila abandoing her quest...let him do it today so we can have the so called fresh nomination and get done with this.
Wake me up when the election is over and Uhuru is sworn in
This shity idea I'm dead sure Babu has not bought it.

If he has, the strategy is to pull out very late when there's no time for IEBC or anybody else to seek an advisory opinion on the same at SCOK.

But I doubt the words of an Amica are binding though they form part of the 2013 judgment. My own layman thoughts.
Dude, they were the words of the SCOK: the amicus was simply the original source of the daft idea. :D And if you read the majority judgment, this court is not about to depart from its own previous decisions easily. In fact, yesterday I had the impression that they departed from the burden/stds of proof established in 2013, but actually, they refused to do so. Petitioners wanted them to but they maintained the same. I haven't seen anything that was challenged about SCOK previous decisions that the court agreed to change yesterday.
If there's such a risk of paralysis, you can bet Jubilee is on it. That they are daring Babu to withdraw tells me they are cocksure

Let me be banal for a change.  They also dared baba to go to SCOK.  Maybe they are not infallible.

My bad.  Too obvious.

But I agree with your observation on that other thread the Njoki was rambling about questions not before the court.  She had a meltdown on national TV.  I now believe Mutunga's affidavit against her.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 21, 2017, 11:28:29 AM
You're beyond obtuse. Every judge did his or her own thing. Njoki chose to do her homework after getting SCOK Registar report and found it was baseless. Now I don't know if this new catholic faith - but clearly you're not after truth seeking --you're just out here with LOLS & obstufications-. It's every Judge duty to seek the truth. The issue moron is whether Njoki long analysis - she did 70 pages I think - of form 34As and 34Bs - is factual or NOT. The rest are omollosque nonsense which add nothing to anybody.  Who cares about her motive or how she did this? We only care about the TRUTH.

And the moronic version is simple. Njoki claims what Nyakai presented as her report is a total lie.

Who has said any scrutiny was done at any point? And you have the gall to call others obtuse.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: GeeMail on September 21, 2017, 11:30:34 AM
Where did you get that info that scrutiny was done afterwards
Who has said any scrutiny was done at any point? And you have the gall to call others obtuse.
Did she scrutinize the forms on her own or did she also invite Ojwang? Where and when? Pundit still does nit get it that it is this kind of thing Njoki is doing that invalidated the fraudulent election inthe first place. He says Chebukati has the right to correct ROs returns, that Bomas can correct on its own the tallies submitted from counties. He also says Uhuru has the right on his own to correct anybody or any judge suspected of meeting a NASA leader (through EJK he suggests).
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 21, 2017, 11:32:35 AM
Who said it's group work? Every judges sat on his or her own - by most account - they most locked themselves in their houses with their assistants (SCOK judges have personal staff working for them - researchers, analysts, personal assistants) - and took whatever approach - they deemed right to determine the truth. How they did this is irrelevant. The elephant in the house is that somebody is lying. It's either Njoki or Nyakai or IEBC. My prayer is we need to do another round of verification as legal review. The election has been annulled...but we have retained all the materials..precisely for such an exercise.
Did she scrutinize the forms on her own or did she also invite Ojwang? Where and when?
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: bryan275 on September 21, 2017, 11:40:44 AM


OK, this is my stop.  I'm not one for reading lengthy legal opinions, that's why I chose a fairly numerical field.
Oh no! Hope I didnt offend you, Brian. Sometimes I get away from myself. Maybe I have Njoki's verbiage disease . I hate my field actually. I wish I could start over, do something else. :(

Hello hello, I wasn't making for the door, but making way for one that is more learned in this area than I am.  But I agree with you on Njoki the time bandit.  I tried hard to keep on because I wanted to hear the speeches after her.  I gave up in the end, i couldn't stand the shouting.

     
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 21, 2017, 11:42:39 AM
You're beyond obtuse. Every judge did his or her own thing. Njoki chose to do her homework after getting SCOK Registar report and found it was baseless. Now I don't know if this new catholic faith - but clearly you're not after truth seeking --you're just out here with LOLS & obstufications-. It's every Judge duty to seek the truth. The issue moron is whether Njoki long analysis - she did 70 pages I think - of form 34As and 34Bs - is factual or NOT. The rest are omollosque nonsense which add nothing to anybody.  Who cares about her motive or how she did this? We only care about the TRUTH.

And the moronic version is simple. Njoki claims what Nyakai presented as her report is a total lie.

Who has said any scrutiny was done at any point? And you have the gall to call others obtuse.
The moronic version is simple: you willingly believe an impossibility. I'm just glad you found faith. I used to think you were an atheist.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: bryan275 on September 21, 2017, 11:44:15 AM
I find Jubilee's new found zeal to open the debes as quite mischievous.  Is it because the boxes have now been reconciled to the doctored Form 34s?

Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 21, 2017, 11:47:26 AM
Who said it's group work? Every judges sat on his or her own - by most account - they most locked themselves in their houses with their assistants (SCOK judges have personal staff working for them - researchers, analysts, personal assistants) - and took whatever approach - they deemed right to determine the truth. How they did this is irrelevant. The elephant in the house is that somebody is lying. It's either Njoki or Nyakai or IEBC. My prayer is we need to do another round of verification as legal review. The election has been annulled...but we have retained all the materials..precisely for such an exercise.
Did she scrutinize the forms on her own or did she also invite Ojwang? Where and when?
Nope! Thats not how its done. Judges dont ambush each other in court with fresh new findings. They each do they work and they all deliberate together. Thats how they know the majority decision and dissenting. They dont just discover that in court when each delivers their ideas and then they find, suprise suprise, my decision is in the minority! right along with the rest of us.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: bryan275 on September 21, 2017, 11:54:31 AM
OK, this is my stop.  I'm not one for reading lengthy legal opinions, that's why I chose a fairly numerical field.

bryan we ok with your one-liners... opposites attract

Hi Robina, thank you.  I used to have a massive opinion on most things Kenyan.  Obviously I can't top Njoki's but it was big.  Back then when RCB didn't have login requirements and it was a free for all.  But with a common goal to end Arap Moi's tyranny.  I became disenfranchised after tosharing Kibaki and then watching him completely tribalise and trample on our hard won freedoms.  I watched in horror as online comrades morphed into shocking tribalists leading us to this point where willful blindness is applied to blatant electoral theft and fraud. 

I gave up on the nation.  Regrettably. 

   
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 21, 2017, 11:59:04 AM
And what makes you think Njoki didn't do all that?
Nope! Thats not how its done. Judges dont ambush each other in court with fresh new findings. They each do they work and they all deliberate together. Thats how they know the majority decision and dissenting. They dont just discover that in court when each delivers their ideas and then they find, suprise suprise, my decision is in the minority! right along with the rest of us.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kim Jong-Un's Pajama Pants on September 21, 2017, 12:00:48 PM
Where did you get that info that scrutiny was done afterwards
Who has said any scrutiny was done at any point? And you have the gall to call others obtuse.
Did she scrutinize the forms on her own or did she also invite Ojwang? Where and when? Pundit still does nit get it that it is this kind of thing Njoki is doing that invalidated the fraudulent election inthe first place. He says Chebukati has the right to correct ROs returns, that Bomas can correct on its own the tallies submitted from counties. He also says Uhuru has the right on his own to correct anybody or any judge suspected of meeting a NASA leader (through EJK he suggests).

Giving short shrift to rules, regulations, norms is okay as long as it is in the service of the dear crooks.  The minute they find themselves on its receiving end, they try to dream up ways to circumvent the law.  Right now they want to punish the SCOK 4.  If they can't they will try to undermine or even destroy SCOK. 

Lawlessness is their oxygen.  They prefer to treat the law as a mere suggestion.  Njoki subscribes to that school.  The end, according to them, determines which laws to follow and which ones to ignore.  She literally dreamed up a petition and proceeded to "destroy it".  That is exactly the same thing the respondents lawyers were doing.

If Ojwang is also a jubilant hatchetman, he is too smart to make it as obvious as Njoki.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: bryan275 on September 21, 2017, 12:01:11 PM
Who said it's group work? Every judges sat on his or her own - by most account - they most locked themselves in their houses with their assistants (SCOK judges have personal staff working for them - researchers, analysts, personal assistants) - and took whatever approach - they deemed right to determine the truth. How they did this is irrelevant. The elephant in the house is that somebody is lying. It's either Njoki or Nyakai or IEBC. My prayer is we need to do another round of verification as legal review. The election has been annulled...but we have retained all the materials..precisely for such an exercise.
Did she scrutinize the forms on her own or did she also invite Ojwang? Where and when?
Nope! Thats not how its done. Judges dont ambush each other in court with fresh new findings. They each do they work and they all deliberate together. Thats how they know the majority decision and dissenting. They dont just discover that in court when each delivers their ideas and then they find, suprise suprise, my decision is in the minority! right along with the rest of us.

Kadame,

That is very true in an ideal world.  However, this is Kenya we're talking about, all is not as it seems.  While the judges were locked away writing their opinions, Njoki was waiting for the Mortician to deliver her opinions to her. 

The more I hear snippets of her submission the angrier I get, how can she get away with delivering a political statement, prepared by one of the respondents disguised as a dissenting opinion.

As far as I am concerned, Jubilee had it's lawyers, Muite, the unfriendly Amicus, Njoki and Ojwang all batting for them to try and reinforce an illegality onto the Kenyan people.

It's actions like these that fuel my desire for the People's Republic, we don't need to reside together hemmed in by the current Kenyan borders.  Jubilee are like that bad family in the village, corrupting everything and everyone...   

 
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: bryan275 on September 21, 2017, 12:02:06 PM
Where did you get that info that scrutiny was done afterwards
Who has said any scrutiny was done at any point? And you have the gall to call others obtuse.
Did she scrutinize the forms on her own or did she also invite Ojwang? Where and when? Pundit still does nit get it that it is this kind of thing Njoki is doing that invalidated the fraudulent election inthe first place. He says Chebukati has the right to correct ROs returns, that Bomas can correct on its own the tallies submitted from counties. He also says Uhuru has the right on his own to correct anybody or any judge suspected of meeting a NASA leader (through EJK he suggests).

Giving short shrift to rules, regulations, norms is okay as long as it is in the service of the dear crooks.  The minute they find themselves on its receiving end, they try to dream up ways to circumvent the law.  Right now they want to punish the SCOK 4.  If they can't they will try to undermine or even destroy SCOK. 

Lawlessness is their oxygen.  They prefer to treat the law as a mere suggestion.  Njoki subscribes to that school.  The end, according to them, determines which laws to follow and which ones to ignore.  She literally dreamed up a petition and proceeded to "destroy it".  That is exactly the same thing the respondents lawyers were doing.

If Ojwang is also a jubilant hatchetman, he is too smart to make it as obvious as Njoki.

Hear hear... we are dealing with a very serious criminal network.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 21, 2017, 12:05:07 PM
And what makes you think Njoki didn't do all that?
Nope! Thats not how its done. Judges dont ambush each other in court with fresh new findings. They each do they work and they all deliberate together. Thats how they know the majority decision and dissenting. They dont just discover that in court when each delivers their ideas and then they find, suprise suprise, my decision is in the minority! right along with the rest of us.
Did she indicate that they IGNORED the evidence she claims she discovered by herself or that they "failed to do their homework" and instead relied on the scrutiny?
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 21, 2017, 12:30:01 PM
lol :Did Maraga tell you she didn't consult him:lol: and more lol. Now can we deal with facts - and stop imputing stuff you've no clue was done or not done.
Did she indicate that they IGNORED the evidence she claims she discovered by herself or that they "failed to do their homework" and instead relied on the scrutiny?
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 21, 2017, 12:31:16 PM
And what makes you think Njoki didn't do all that?
Nope! Thats not how its done. Judges dont ambush each other in court with fresh new findings. They each do they work and they all deliberate together. Thats how they know the majority decision and dissenting. They dont just discover that in court when each delivers their ideas and then they find, suprise suprise, my decision is in the minority! right along with the rest of us.
Did she indicate that they IGNORED the evidence she claims she discovered by herself or that they "failed to do their homework" and instead relied on the scrutiny?

You dont know whether she shared it or not. You pick the an assumption most convenient to your bias, that she didnt .Robina was right,you too brunt for reasons known best to you. Not that you have to like her,but clearly theres something beyond objective in all this vitriol against her

I think she sampled these forms and shared the bad apples in her opinion
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 21, 2017, 12:33:19 PM
I am glad everyone is starting to notice she has huge chip on the shoulder. It's probably coz Maraga is the new pope?
You dont know whether she shared it or not. Its just a safe assumption,Robina was right,you too brunt for reasons known best to you. Not that you have to like her,but clearly theres something beyond objective in all this vitriol against her

I think she sampled these forms and shared the bad apples in her opinion
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 21, 2017, 12:37:07 PM
I am glad everyone is starting to notice she has huge chip on the shoulder. It's probably coz Maraga is the new pope?
You dont know whether she shared it or not. Its just a safe assumption,Robina was right,you too brunt for reasons known best to you. Not that you have to like her,but clearly theres something beyond objective in all this vitriol against her

I think she sampled these forms and shared the bad apples in her opinion
:lolz:
Sisemi  kitu
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 21, 2017, 12:40:29 PM
And what makes you think Njoki didn't do all that?
Nope! Thats not how its done. Judges dont ambush each other in court with fresh new findings. They each do they work and they all deliberate together. Thats how they know the majority decision and dissenting. They dont just discover that in court when each delivers their ideas and then they find, suprise suprise, my decision is in the minority! right along with the rest of us.
Did she indicate that they IGNORED the evidence she claims she discovered by herself or that they "failed to do their homework" and instead relied on the scrutiny?

You dont know whether she shared it or not. You pick the an assumption most convenient to your bias, that she didnt .Robina was right,you too brunt for reasons known best to you. Not that you have to like her,but clearly theres something beyond objective in all this vitriol against her

I think she sampled these forms and shared the bad apples in her opinion
Actually vooke, its guys assuming she shared it when she does not indicate that who are making a yuuuge assumption. The scrutiny involved signatures, barcodes, watermarks and over 4000 forms. You dont get what we are saying: the very idea she would decide to herself do these things on her own is beyond irregular.And dont confuse my irritation and replies to the resident insulter in chief with irritation with Njoki. I simply disbelieve Njoki's claims. They are beyind incredible.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 21, 2017, 12:43:17 PM
I am glad everyone is starting to notice she has huge chip on the shoulder. It's probably coz Maraga is the new pope?
You dont know whether she shared it or not. Its just a safe assumption,Robina was right,you too brunt for reasons known best to you. Not that you have to like her,but clearly theres something beyond objective in all this vitriol against her

I think she sampled these forms and shared the bad apples in her opinion
Chip on shoulders, from the resident chief believer at the church of correctly guessing form 34 B and Njoki doing her own scrutiny right in time for judgment day.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: RV Pundit on September 21, 2017, 12:44:51 PM
You're the fly in Njoki courtroom. You'll never amount to 1/4 to what she has done if your reasoning capacity is what I am seeing here. Pathetic.
Chip on shoulders, from the resident chief believer at the church of correctly guessing form 34 B and Njoki doing her own scrutiny right in time for judgment day.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 21, 2017, 12:47:04 PM
You're the fly in Njoki bedroom. You'll never amount to 1/4 to what she has done if your reasoning capacity is what I am seeing here. Pathetic.
Chip on shoulders, from the resident chief believer at the church of correctly guessing form 34 B and Njoki doing her own scrutiny right in time for judgment day.
And who are you? The cockroach in her kitchen?  :D Go back to primary school. What a child.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: bryan275 on September 21, 2017, 12:48:39 PM
You're the fly in Njoki bedroom. You'll never amount to 1/4 to what she has done if your reasoning capacity is what I am seeing here. Pathetic.
Chip on shoulders, from the resident chief believer at the church of correctly guessing form 34 B and Njoki doing her own scrutiny right in time for judgment day.
And who are you? The cockroach in her kitchen?  :D Go back to primary school. What a child.

Wow... another case for The People's Republic. 
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Nefertiti on September 21, 2017, 01:14:55 PM
Hi Robina, thank you.  I used to have a massive opinion on most things Kenyan.  Obviously I can't top Njoki's but it was big.  Back then when RCB didn't have login requirements and it was a free for all.  But with a common goal to end Arap Moi's tyranny.  I became disenfranchised after tosharing Kibaki and then watching him completely tribalise and trample on our hard won freedoms.  I watched in horror as online comrades morphed into shocking tribalists leading us to this point where willful blindness is applied to blatant electoral theft and fraud. 

I gave up on the nation.  Regrettably. 

 

Hehe bryan. You sound like Akombe... wanting to instill trust at IEBC. Living in the west tends to make folks quite naive.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kadame7 on September 21, 2017, 01:16:14 PM
You're the fly in Njoki bedroom. You'll never amount to 1/4 to what she has done if your reasoning capacity is what I am seeing here. Pathetic.
Chip on shoulders, from the resident chief believer at the church of correctly guessing form 34 B and Njoki doing her own scrutiny right in time for judgment day.
And who are you? The cockroach in her kitchen?  :D Go back to primary school. What a child.

Wow... another case for The People's Republic.
Yep. MOON KI had the right idea. See ya later Bryan. Lets leave the playground to others.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 21, 2017, 01:52:37 PM
And what makes you think Njoki didn't do all that?
Nope! Thats not how its done. Judges dont ambush each other in court with fresh new findings. They each do they work and they all deliberate together. Thats how they know the majority decision and dissenting. They dont just discover that in court when each delivers their ideas and then they find, suprise suprise, my decision is in the minority! right along with the rest of us.
Did she indicate that they IGNORED the evidence she claims she discovered by herself or that they "failed to do their homework" and instead relied on the scrutiny?

You dont know whether she shared it or not. You pick the an assumption most convenient to your bias, that she didnt .Robina was right,you too brunt for reasons known best to you. Not that you have to like her,but clearly theres something beyond objective in all this vitriol against her

I think she sampled these forms and shared the bad apples in her opinion
Actually vooke, its guys assuming she shared it when she does not indicate that who are making a yuuuge assumption. The scrutiny involved signatures, barcodes, watermarks and over 4000 forms. You dont get what we are saying: the very idea she would decide to herself do these things on her own is beyond irregular.And dont confuse my irritation and replies to the resident insulter in chief with irritation with Njoki. I simply disbelieve Njoki's claims. They are beyind incredible.
No kadame,
It is either she shared it or she didnt. We dont know if she did. Omorlo KM and I think Termie all claim it was irregular,outside courtroom,never shared with others. They are making a claim without any basis an then building on their baseless claim to make fun of her. You joined this brigade.

Pundito is not saying she shared nor am I,we are just wondering what makes you think she didnt,and you are in turn challenging us to prove she did :o

As for your disbelief, Im cool with that, I doubt she can make dubious claims which are ever so easily disprovable. But I dont believe them yet,what I cant do is dismiss them off hand
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: bryan275 on September 21, 2017, 04:48:32 PM
Hi Robina, thank you.  I used to have a massive opinion on most things Kenyan.  Obviously I can't top Njoki's but it was big.  Back then when RCB didn't have login requirements and it was a free for all.  But with a common goal to end Arap Moi's tyranny.  I became disenfranchised after tosharing Kibaki and then watching him completely tribalise and trample on our hard won freedoms.  I watched in horror as online comrades morphed into shocking tribalists leading us to this point where willful blindness is applied to blatant electoral theft and fraud. 

I gave up on the nation.  Regrettably. 

 

Hehe bryan. You sound like Akombe... wanting to instill trust at IEBC. Living in the west tends to make folks quite naive.


Naive in what regards?  I am very disappointed in the electoral fraudsters and their supporters.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: vooke on September 22, 2017, 10:16:22 PM

Jubilee is now going after SCOK registrar. Run Amadi.Run

(https://s26.postimg.org/8lku8hhdl/FB_IMG_1506107575042.jpg)
(https://s26.postimg.org/7xbzpjint/FB_IMG_1506107579929.jpg)
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Nefertiti on September 22, 2017, 11:22:52 PM
Hi Robina, thank you.  I used to have a massive opinion on most things Kenyan.  Obviously I can't top Njoki's but it was big.  Back then when RCB didn't have login requirements and it was a free for all.  But with a common goal to end Arap Moi's tyranny.  I became disenfranchised after tosharing Kibaki and then watching him completely tribalise and trample on our hard won freedoms.  I watched in horror as online comrades morphed into shocking tribalists leading us to this point where willful blindness is applied to blatant electoral theft and fraud. 

I gave up on the nation.  Regrettably. 

 

Hehe bryan. You sound like Akombe... wanting to instill trust at IEBC. Living in the west tends to make folks quite naive.


Naive in what regards?  I am very disappointed in the electoral fraudsters and their supporters.

That you thought your online "comrades" would remain objective and free of political and ethnic biases. Those are alien standards.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Kichwa on September 23, 2017, 04:20:27 AM
Theodore Parker The arc of the moral universe is long, but it bends towards justice.


Hi Robina, thank you.  I used to have a massive opinion on most things Kenyan.  Obviously I can't top Njoki's but it was big.  Back then when RCB didn't have login requirements and it was a free for all.  But with a common goal to end Arap Moi's tyranny.  I became disenfranchised after tosharing Kibaki and then watching him completely tribalise and trample on our hard won freedoms.  I watched in horror as online comrades morphed into shocking tribalists leading us to this point where willful blindness is applied to blatant electoral theft and fraud. 

I gave up on the nation.  Regrettably. 

 

Hehe bryan. You sound like Akombe... wanting to instill trust at IEBC. Living in the west tends to make folks quite naive.


Naive in what regards?  I am very disappointed in the electoral fraudsters and their supporters.

That you thought your online "comrades" would remain objective and free of political and ethnic biases. Those are alien standards.
Title: Re: Supreme Court of Kenya Presidential Petition Full Judgement
Post by: Nefertiti on September 23, 2017, 07:32:38 AM
We all loved the Cinderella stories... now we know: the law is an ass; reality is a deranged beast.

Theodore Parker The arc of the moral universe is long, but it bends towards justice.


Hi Robina, thank you.  I used to have a massive opinion on most things Kenyan.  Obviously I can't top Njoki's but it was big.  Back then when RCB didn't have login requirements and it was a free for all.  But with a common goal to end Arap Moi's tyranny.  I became disenfranchised after tosharing Kibaki and then watching him completely tribalise and trample on our hard won freedoms.  I watched in horror as online comrades morphed into shocking tribalists leading us to this point where willful blindness is applied to blatant electoral theft and fraud. 

I gave up on the nation.  Regrettably. 

 

Hehe bryan. You sound like Akombe... wanting to instill trust at IEBC. Living in the west tends to make folks quite naive.


Naive in what regards?  I am very disappointed in the electoral fraudsters and their supporters.

That you thought your online "comrades" would remain objective and free of political and ethnic biases. Those are alien standards.