Author Topic: Supreme Court of Kenya Presidential Petition Full Judgement  (Read 69637 times)

Offline Omollo

  • Moderator
  • Enigma
  • *
  • Posts: 7143
  • Reputation: 13780
  • http://www.omollosview.com
    • Omollosview
Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #100 on: September 20, 2017, 01:22:09 PM »
Magara continue with underwhelming judgement.
You expected him to find against his earlier determination?
... [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

  • Moderator
  • Enigma
  • *
  • Posts: 37009
  • Reputation: 1074446
Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #101 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

Offline RV Pundit

  • Moderator
  • Enigma
  • *
  • Posts: 37009
  • Reputation: 1074446
Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #102 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?

Offline RV Pundit

  • Moderator
  • Enigma
  • *
  • Posts: 37009
  • Reputation: 1074446
Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #103 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.

Offline vooke

  • Moderator
  • Enigma
  • *
  • Posts: 5985
  • Reputation: 8906
Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #104 on: September 20, 2017, 01:26:09 PM »
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



2 Timothy 2:4  No man that warreth entangleth himself with the affairs of this life; that he may please him who hath chosen him to be a soldier.

Offline Kadame7

  • Enigma
  • *
  • Posts: 541
  • Reputation: 14509
Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #105 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

Offline RV Pundit

  • Moderator
  • Enigma
  • *
  • Posts: 37009
  • Reputation: 1074446
Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #106 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.

Offline RV Pundit

  • Moderator
  • Enigma
  • *
  • Posts: 37009
  • Reputation: 1074446
Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #107 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

Offline Kadame7

  • Enigma
  • *
  • Posts: 541
  • Reputation: 14509
Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #108 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.

Offline RV Pundit

  • Moderator
  • Enigma
  • *
  • Posts: 37009
  • Reputation: 1074446
Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #109 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.

Offline RV Pundit

  • Moderator
  • Enigma
  • *
  • Posts: 37009
  • Reputation: 1074446
Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #110 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.

Offline RV Pundit

  • Moderator
  • Enigma
  • *
  • Posts: 37009
  • Reputation: 1074446
Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #111 on: September 20, 2017, 01:38:10 PM »
Prof Ojwang now on his dissenting opinion.

Offline Kadame7

  • Enigma
  • *
  • Posts: 541
  • Reputation: 14509
Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #112 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

Offline RV Pundit

  • Moderator
  • Enigma
  • *
  • Posts: 37009
  • Reputation: 1074446
Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #113 on: September 20, 2017, 01:39:02 PM »
Prof Ojwang says the decision is awful - political - or paid short-drift of the law.

Offline RV Pundit

  • Moderator
  • Enigma
  • *
  • Posts: 37009
  • Reputation: 1074446
Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #114 on: September 20, 2017, 01:44:08 PM »
Prof Ojwanga - majority influence by dissenting opinion in some court.

Offline Kadame7

  • Enigma
  • *
  • Posts: 541
  • Reputation: 14509
Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #115 on: September 20, 2017, 01:47:43 PM »
Prof Ojwanga - majority influence by dissenting opinion in some court.
???????

Offline vooke

  • Moderator
  • Enigma
  • *
  • Posts: 5985
  • Reputation: 8906
Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #116 on: September 20, 2017, 01:59:15 PM »
Dissenting opinion- Ojwang
Setting out the case. Negro is meticulous
2 Timothy 2:4  No man that warreth entangleth himself with the affairs of this life; that he may please him who hath chosen him to be a soldier.

Offline RV Pundit

  • Moderator
  • Enigma
  • *
  • Posts: 37009
  • Reputation: 1074446
Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #117 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

Offline Kadame7

  • Enigma
  • *
  • Posts: 541
  • Reputation: 14509
Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #118 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!

Offline vooke

  • Moderator
  • Enigma
  • *
  • Posts: 5985
  • Reputation: 8906
Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #119 on: September 20, 2017, 02:12:18 PM »
2 Timothy 2:4  No man that warreth entangleth himself with the affairs of this life; that he may please him who hath chosen him to be a soldier.