Author Topic: Magara should not have opined on a case that may come before him  (Read 2694 times)

Offline Kichwa

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Magara had no business opining on a case that is very likely to get to the Supreme Court.  He did not have to say that the elections will be held on "August 8, 2017".  First and foremost, nobody is making that argument at this time and he the matter may come before him and that argument maybe made.  Will he therefore recuse himself is the matter comes before him and that argument is made. Even if that argument is not made, it maybe the only remedy at that time.  I do not understand why he felt obligated to make such a statement. Who was he reassuring? IEBC, Jubilee or was he forced to make that statement?  I hope we are not looking at another Willy Mutunga.
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Offline RV Pundit

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Re: Magara should not have opined on a case that may come before him
« Reply #1 on: June 22, 2017, 10:05:47 PM »
Election has to be held on 8.8.2017. If NASA were sincere - they should have rushed to court - 1 month ago - when IEBC gave the tender to Al Gurrair on May 20 something. They have waited until IEBC have started printing of ballot - this contract is already underway. The last two weeks NASA has basically not campaigned. It seem the idea is to delay the election - while bastardizing IEBC and Judiciary.

Supreme court should recall this case and promptly dismiss it. Only supreme court has original discretion on presidential elections.

Magara had no business opining on a case that is very likely to get to the Supreme Court.  He did not have to say that the elections will be held on "August 8, 2017".  First and foremost, nobody is making that argument at this time and he the matter may come before him and that argument maybe made.  Will he therefore recuse himself is the matter comes before him and that argument is made. Even if that argument is not made, it maybe the only remedy at that time.  I do not understand why he felt obligated to make such a statement. Who was he reassuring? IEBC, Jubilee or was he forced to make that statement?  I hope we are not looking at another Willy Mutunga.

Offline Kichwa

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Re: Magara should not have opined on a case that may come before him
« Reply #2 on: June 22, 2017, 10:18:39 PM »
I am sure the case was not ready for court one month ago.

Election has to be held on 8.8.2017. If NASA were sincere - they should have rushed to court - 1 month ago - when IEBC gave the tender to Al Gurrair on May 20 something. They have waited until IEBC have started printing of ballot - this contract is already underway. The last two weeks NASA has basically not campaigned. It seem the idea is to delay the election - while bastardizing IEBC and Judiciary.

Supreme court should recall this case and promptly dismiss it. Only supreme court has original discretion on presidential elections.

Magara had no business opining on a case that is very likely to get to the Supreme Court.  He did not have to say that the elections will be held on "August 8, 2017".  First and foremost, nobody is making that argument at this time and he the matter may come before him and that argument maybe made.  Will he therefore recuse himself is the matter comes before him and that argument is made. Even if that argument is not made, it maybe the only remedy at that time.  I do not understand why he felt obligated to make such a statement. Who was he reassuring? IEBC, Jubilee or was he forced to make that statement?  I hope we are not looking at another Willy Mutunga.
"I have done my job and I will not change anything dead or a live" Malonza

Offline RV Pundit

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Re: Magara should not have opined on a case that may come before him
« Reply #3 on: June 22, 2017, 10:25:13 PM »
And constitution does not take lightly those kind of stuff. It like presidential petition. You have 14 days to be ready. You cannot wait - a week to election date - to bring a case. These are serious stuff. Extremely serious. There is no relief court can grant NASA now. Printing press will start running in few hours now. You cannot wait for 1 month before bring a case on such serious matter...which can drive the country into constitutional crisis or worse.
I am sure the case was not ready for court one month ago.

Offline Kichwa

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Re: Magara should not have opined on a case that may come before him
« Reply #4 on: June 23, 2017, 12:16:23 AM »
That's why they are going to court. If there is any law which expressly bars NASA  from bringing this case then it should be cited, or argued in court and then the judge should rule.  Magara was correct in saying that NASA or anybody else has the right to go to court at anytime they wish to and it is up to the court to rule as to whether they have a case or not.  Magara was however wrong in saying that the election will go ahead as planed on August 8, 2017, because there is a strong likelihood that this argument will be made by either side and he needs to keep an open mind because the matter may reach him.

And constitution does not take lightly those kind of stuff. It like presidential petition. You have 14 days to be ready. You cannot wait - a week to election date - to bring a case. These are serious stuff. Extremely serious. There is no relief court can grant NASA now. Printing press will start running in few hours now. You cannot wait for 1 month before bring a case on such serious matter...which can drive the country into constitutional crisis or worse.
I am sure the case was not ready for court one month ago.
"I have done my job and I will not change anything dead or a live" Malonza

Offline MOON Ki

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Re: Magara should not have opined on a case that may come before him
« Reply #5 on: June 23, 2017, 12:39:56 AM »
Extremely serious. There is no relief court can grant NASA now. Printing press will start running in few hours now.

I believe the High Court has a "duty judge" who can be gotten up at any time, 24/7, to do the needful.

Quote
You cannot wait for 1 month before bring a case on such serious matter...which can drive the country into constitutional crisis or worse.

It is puzzling that the Opposition went to a great deal of trouble to have changes made in the IEBC, but I have since then been amazed at how much they left out of "our demands".  (Perhaps Omollo will clarify.)  Still, that is no excuse for dodgy business.
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Offline Omollo

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Re: Magara should not have opined on a case that may come before him
« Reply #6 on: June 23, 2017, 01:32:42 AM »
Moon Ki

I will share what I know in a narrative form and background information to generally address your question below. This is what is common knowledge within NASA. So take it as the NASA view if you like.

One thing I can admit is that CORD (then) was unaware of the extent of the rot in the IEBC. It is when Hassan had left along with his fellow crooks that some light was shade on the goings on in the iEBC.

NASA discovered that the IEBC was a machine tuned, programed and set to cheat the electorate. As time went, they also discovered that the Hassan Commissioners never actually left and were issuing instructions to the secretariat even after the new commissioners take the oath of office. Hassan is working full time.

It is not that NASA went to bed. Such issues could not be part of the earlier settlement.

Tender: IEBC simply refused to go to tender when it had time. It was reminded and came up with excuses. Then we learned two things: They were keen to award the job to Al Ghurair come what may. Raila went public. They kept quiet. The first award was cancelled because Chiloba lacked the power to award contracts. There was no Nyachae to give a fake advisory like he did with the EACC under Waqo.

They awarded again the matter went to court and they lost. The proper procedure had not been followed. Now we know it was deliberately done with instructions from Hassan. He followed the same trajectory in 2013 and CORD let it pass (the reason NASA won't let it pass).

NASA found all organy compromised. The Procurement Tribunal led by ICC fugitive was hell bent on breaking laws.

Finally the IEBC went single sourcing - just like Isaack Hassan did in 2013. That is where we are now. NASA has been relentless in this fight.

RESULTS: The issue of results is linked to the reversal of the Bipartisan agreement of last year. Jubilee intended to go manual then allow the results to be doctored at Bomas. But then three judges (Odunga not one of them) made a declaration that the results at constituency were final. We have the case rushing through the courts so that Maraga can rule in favor of Jubilee at the SC, They are waiting for it kwa hamu na gamu.

The matter is as clear as daylight in the constitution. The SC has already spoken on it. But there you are the Rigging Machine wants to reclaim its power to rig

Register: As of now the IEBC is in breach of the law and they are not complaining. the 60 days before elections past and no register had been published. The problem for them is simple: How do they explain 2.9 M voters who were entered in it without meeting the requirements? All those entries are missing one or more mandatory requirements. So how did they even become "voters"? Pundit says he is an ITC man. Yet he knows no database can accept an incomplete entry unless doctored to do so. At best the database would have place all those entries in sub databases depending on the missing criteria. KPMG carried out a FAKE AUDIT. No action can be taken before the register is released. We think they are doctoring it to favor Jubilee.

Meaning it is possible some of the people who verified their names in the register might find they are not in it after what they call "purge". The verification should have come AFTER the audit and purge.

As you can see these are issues of untrustworthy officers.

I read somewhere Pundit say they are ODM appointees. What a LIE.

Look at the selection committee.

Jubilee had a majority on that committee from the word go. But as I said CORD did not believe in ethnic loyalties so it went for structural changes.

The Commissioners are almost all leaning towards Jubilee. The Vice Chairman has over powered Chebukati and runs the commission as she deems fit. So the propaganda that Chebukati is a Raila man because he once contested a seat on an ODM ticket (something I have yet to verify like most claims from our friend require these days) is poppy cock. By the same logic (which is not his strongest point) Ruto is a Raila man as is Uhuru and the entire URP wing of Jubilee. Utter nonsense spoken in smoke-filled alcohol drinking dens amin mug upon mug of beer.



But that said, Jubilee is going home. It will not be easy. They will try to use force. They will attempt to doctor the results. But we are confident we shall beat them. How I am not at liberty to share.

Extremely serious. There is no relief court can grant NASA now. Printing press will start running in few hours now.

I believe the High Court has a "duty judge" who can be gotten up at any time, 24/7, to do the needful.

Quote
You cannot wait for 1 month before bring a case on such serious matter...which can drive the country into constitutional crisis or worse.

It is puzzling that the Opposition went to a great deal of trouble to have changes made in the IEBC, but I have since then been amazed at how much they left out of "our demands".  (Perhaps Omollo will clarify.)  Still, that is no excuse for dodgy business.
... [the ICC case] will be tried in Europe, where due procedure and expertise prevail.; ... Second-guessing Ocampo and fantasizing ..has obviously become a national pastime.- NattyDread

Offline RV Pundit

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Re: Magara should not have opined on a case that may come before him
« Reply #7 on: June 23, 2017, 06:28:12 AM »
Omollo going through the rubbish you've written up there. Let me help you -Ogla Karani Chepkemoi is ODM life member - appointed by Raila -She is also ODM National Deputy Treasurer and NEC Member. She is Kalenjin married to Kisii but Raila may not be aware of that & mistakenly appointer her?. Just like Chiloba & Chebukati are Luhyas (NASA stronghold?) - odm life members- whom kikuyus and Kalenjin conspired to appoint.

We have newly reconstituted IEBC. They will conduct elections. You can make long list of why Raila will lose or you can accept MOAS - it's tribal maths stupid. Raila has no path to victory because he is facing huge GEMA+Kalenjin voting machine that constitute certainly more than 42% of currently registered votes & 43% if we use the last election turn out.

That is elephant in the room. IEBC will not help you. Nothing will. Accept the will of the majority and live to fight another day.

Offline Kichwa

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Re: Magara should not have opined on a case that may come before him
« Reply #8 on: June 23, 2017, 03:34:24 PM »
The whole plan by Ouru and IEBC was to catch NASA flat footed and therefore to blame NASA for being caught flat footed is ridiculous to say the least.   Its like blaming the victim of a sucker punch for not being ready for the sucker punch.  NASA cannot go to court on rumors but has to wait until IEBC takes an action upon which they can base their challenge on. NASA should continue to bring this matters to the attention of Kenyans because it is about the future. Most of the people complaining about NASA now will be the beneficiaries of the rulings that NASA is getting today. There will be Kenya and more elections after August 8, 2017.  NASA should continue going to court if they discover any anomaly upto and including August 8, 2017 and beyond.  Raila, Ouru, Ruto will soon be a thing of the past but we need to clean up our electoral system because I believe this is where most of our governing problems begin.
"I have done my job and I will not change anything dead or a live" Malonza

Offline RV Pundit

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Re: Magara should not have opined on a case that may come before him
« Reply #9 on: June 23, 2017, 04:02:15 PM »
Does NASA has an end point? I mean they made lots of noise against Hassan and we disbanded it - and reconstituted it - but alas they seem to have lost IEBC somehow to Jubilee again. Now you're celebrating this ROS have final say like you're not aware who has the incumbency, the financial muscle, organizational muscle and intimidation power to get most of the ROs to declare fake results. You guys amaze me with you naivety. Jubilee must be celebrating..if rigging was hard before..now it easy. All Jubilee need is buy off ROs.
The whole plan by Ouru and IEBC was to catch NASA flat footed and therefore to blame NASA for being caught flat footed is ridiculous to say the least.   Its like blaming the victim of a sucker punch for not being ready for the sucker punch.  NASA cannot go to court on rumors but has to wait until IEBC takes an action upon which they can base their challenge on. NASA should continue to bring this matters to the attention of Kenyans because it is about the future. Most of the people complaining about NASA now will be the beneficiaries of the rulings that NASA is getting today. There will be Kenya and more elections after August 8, 2017.  NASA should continue going to court if they discover any anomaly upto and including August 8, 2017 and beyond.  Raila, Ouru, Ruto will soon be a thing of the past but we need to clean up our electoral system because I believe this is where most of our governing problems begin.

Offline Kichwa

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Re: Magara should not have opined on a case that may come before him
« Reply #10 on: June 23, 2017, 04:26:11 PM »
The end point will be when we have a perfect system of free and fair elections-which is NEVER.  Its NASA this political season but it maybe Chupilee in 2022.  The US has been doing this for over 200 years and candidates are still going to court.  Our electoral system has come along way, from the Kivuitu days, to Hassan and now to Chebukati days thanks to the tenacity of the opposition.  During Kivuitu and Hassan days Kenyans did not know what was going on behind the scenes but now every boda boda dude with a cell phone is discussing the same issues we are discussing here. Al Ghurair  is  a household name, its ties to the Kenyattaa family  is disclosed , and how extra presidential ballots can be printed and stuffed in favor of Ouru to be included somewhere before the  the final tally at Bomas.  This level of education the electorate is getting is more important to me than anything else that I know of because this is how you create better citizens who pays attention to how their government is ran.  We always complain about how ignorant our electorate is and yet when they are being educated we complain about expediency.

Does NASA has an end point? I mean they made lots of noise against Hassan and we disbanded it - and reconstituted it - but alas they seem to have lost IEBC somehow to Jubilee again. Now you're celebrating this ROS have final say like you're not aware who has the incumbency, the financial muscle, organizational muscle and intimidation power to get most of the ROs to declare fake results. You guys amaze me with you naivety. Jubilee must be celebrating..if rigging was hard before..now it easy. All Jubilee need is buy off ROs.
The whole plan by Ouru and IEBC was to catch NASA flat footed and therefore to blame NASA for being caught flat footed is ridiculous to say the least.   Its like blaming the victim of a sucker punch for not being ready for the sucker punch.  NASA cannot go to court on rumors but has to wait until IEBC takes an action upon which they can base their challenge on. NASA should continue to bring this matters to the attention of Kenyans because it is about the future. Most of the people complaining about NASA now will be the beneficiaries of the rulings that NASA is getting today. There will be Kenya and more elections after August 8, 2017.  NASA should continue going to court if they discover any anomaly upto and including August 8, 2017 and beyond.  Raila, Ouru, Ruto will soon be a thing of the past but we need to clean up our electoral system because I believe this is where most of our governing problems begin.
"I have done my job and I will not change anything dead or a live" Malonza

Offline MOON Ki

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Re: Magara should not have opined on a case that may come before him
« Reply #11 on: June 23, 2017, 11:25:53 PM »
Now you're celebrating this ROS have final say like you're not aware who has the incumbency, the financial muscle, organizational muscle and intimidation power to get most of the ROs to declare fake results. You guys amaze me with you naivety. Jubilee must be celebrating..if rigging was hard before..now it easy. All Jubilee need is buy off ROs.

This is a more honest approach and, in some ways, has more going for it than the fly-by-night "legal" arguments.   From your own own claims here, I hope you can see why the Opposition is doing whatever it can to make for an even playing field.    That you are sure of successful rigging by those you support need not stop them.
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Offline Kichwa

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Re: Magara should not have opined on a case that may come before him
« Reply #12 on: June 24, 2017, 02:28:44 AM »
In 2013 we were told that opposition was to be obliterated because of the incumbency has the financial muscle, the tyranny of numbers, organizational muscle and the intimidation power just to mention a few.  Here we are in 2017, with a robust opposition and race where there are several indications that the opposition has a very good chance of winning.  I am therefore not scared or intimidated by your incumbency muscles. All most Kenyans want is a country of laws not of powerful and muscular men.


Now you're celebrating this ROS have final say like you're not aware who has the incumbency, the financial muscle, organizational muscle and intimidation power to get most of the ROs to declare fake results. You guys amaze me with you naivety. Jubilee must be celebrating..if rigging was hard before..now it easy. All Jubilee need is buy off ROs.

This is a more honest approach and, in some ways, has more going for it than the fly-by-night "legal" arguments.   From your own own claims here, I hope you can see why the Opposition is doing whatever it can to make for an even playing field.    That you are sure of successful rigging by those you support need not stop them.
"I have done my job and I will not change anything dead or a live" Malonza

Offline Nefertiti

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Re: Magara should not have opined on a case that may come before him
« Reply #13 on: June 30, 2017, 12:05:17 PM »
Al Ghurair hearing: the mortician acting for IEBC and Jubilee as expected. Such a disgrace.
I desire to go to hell and not to heaven. In the former place I shall enjoy the company of popes, kings, and princes, while in the latter are only beggars, monks, and apostles. ~ Niccolo Machiavelli on his deathbed, June 1527

Offline RV Pundit

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Re: Magara should not have opined on a case that may come before him
« Reply #14 on: June 30, 2017, 12:08:12 PM »
I don't see any disgrace. He is principal advisor of the Gok of the day - which happens to be Jubilee.I'd be worried the day AG opposes IEBC or any independent constitutional body. As of now it's NASA doing their own thing.
Al Ghurair hearing: the mortician acting for IEBC and Jubilee as expected. Such a disgrace.

Offline Nefertiti

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Re: Magara should not have opined on a case that may come before him
« Reply #15 on: June 30, 2017, 12:22:46 PM »
AG, unlike other CS who I hold should freely back Jubilee, is independent and has security of tenure for that reason. Uhuru cannot fire Githu Muigai. He should represent Kenyan (not Jubilee) interest.

I don't see any disgrace. He is principal advisor of the Gok of the day - which happens to be Jubilee.I'd be worried the day AG opposes IEBC or any independent constitutional body. As of now it's NASA doing their own thing.
I desire to go to hell and not to heaven. In the former place I shall enjoy the company of popes, kings, and princes, while in the latter are only beggars, monks, and apostles. ~ Niccolo Machiavelli on his deathbed, June 1527

Offline Nefertiti

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Re: Magara should not have opined on a case that may come before him
« Reply #16 on: June 30, 2017, 12:25:12 PM »
The mortician's core argument is that the sky will cave - caretaker govt, no oversight, etc - if polls are not held on 8th August.
I desire to go to hell and not to heaven. In the former place I shall enjoy the company of popes, kings, and princes, while in the latter are only beggars, monks, and apostles. ~ Niccolo Machiavelli on his deathbed, June 1527