Azimio presidential petition superthread

[RV Pundit]

Finally Raila and others v3

Finally...Hon Raila's petition... pic.twitter.com/n7oXdZ75Js

— Ahmednasir Abdullahi SC (@ahmednasirlaw) August 22, 2022

/photo/1

[RV Pundit]

Respondents - they didnt bother with DPORK elect Rigathi

[RV Pundit]

9) They ordering retallying by IEBC to declare Raila duly elected in pray No 9.

Finally...Hon Raila's petition... pic.twitter.com/n7oXdZ75Js

— Ahmednasir Abdullahi SC (@ahmednasirlaw) August 22, 2022

[RV Pundit]

They asking for either Raila-Karua be made PORK or NUSU MKATE

[RV Pundit]

[RV Pundit]

Raila & Martha are asking 24 orders from Supreme Court. Maajabu ya Musa.

[Nowayhaha]

Tactical Move same as 2017.
In 2013 they enjoined Ruto he also came with set of Advocates at the end it became a disadvantage. More documents more people eating the litigation time.

Respondents - they didnt bother with DPORK elect Rigathi

[RV Pundit]

But Gachagua will be enjoined anyway in consolidated petition and will ask to be because he is interested party.

Tactical Move same as 2017.
In 2013 they enjoined Ruto he also came with set of Advocates at the end it became a disadvantage. More documents more people eating the litigation time.

[RV Pundit]

Look like their entire case is built around Chebukati. Chebukati need to unleash all the dosier - all the intimidation, all the lies, all attempt to moderate the results.

Quickly gone through Hon Raila's petition to the Supreme Court. All about Chebukati...Chebukati...Chebukati (90%)

— Ahmednasir Abdullahi SC (@ahmednasirlaw) August 22, 2022

[Njuri Ncheke]

Seems they are hellbent of seeing IEBC is broken up too and a new one set up,they have too many grievances

[RV Pundit]

Moses Kuria file petition seeking Raila Odinga to be disqualified.

Raining petitions.....No 4 pic.twitter.com/6PJF4qs1A9

— Ahmednasir Abdullahi SC (@ahmednasirlaw) August 22, 2022

/photo/1

Raila Odinga through Chief Agent Kanchory and others  caused violence at the Bomas of Kenya Tallying Centre, Physically assaulted the National Returning Officer and other commissioners and even drew a gun.

— CS Moses Kuria (@HonMoses_Kuria) August 22, 2022

[audacityofhope]

Is this not what I posted yesterday?

Look like their entire case is built around Chebukati. Chebukati need to unleash all the dosier - all the intimidation, all the lies, all attempt to moderate the results.

Quickly gone through Hon Raila's petition to the Supreme Court. All about Chebukati...Chebukati...Chebukati (90%)

— Ahmednasir Abdullahi SC (@ahmednasirlaw) August 22, 2022

[audacityofhope]

Raila & Martha are asking 24 orders from Supreme Court. Maajabu ya Musa.

Maajabu gani?  Enlighten us on which law puts a limit on how many prayers a petitioner can seek?
 
PRAYER 20:  A declaration be made that the 2nd Respondent is unfit to hold officehttps://nipate.net/index.php?topic=13822.msg125858#msg125858)

[Njuri Ncheke]

To me the entire case is just to have IEBC disbanded,we are going in circles maybe deep state hope between now and then if ever it happens they can plant their moles

[audacityofhope]

Cocktail of orders.....  Chebukati ....

The Supreme Battle:

James Orego - Governor-elect, Siaya: I have participated in many petitions but his one, I can tell you, is a bombshell and we’ve got so many smoking guns. The conclusion is that we are going to have a determination in favor of Raila Odinga #KenyasChoice2022 pic.twitter.com/4BrIarc9vV

— Citizen TV Kenya (@citizentvkenya) August 22, 2022

?s=20&t=BGwxLnR8QhEYx6j53JHLFQ

[audacityofhope]

To me the entire case is just to have IEBC disbanded,we are going in circles maybe deep state hope between now and then if ever it happens they can plant their moles

While all you see are moles, others just want an IEBC which will conduct a free and fair elections and not disenfranchise  their vote. We cannot be going to Petitions after every General Election.

[RV Pundit]

They are only two main orders 1) Uphold the elections or 2) Declare the election a nullity & order fresh election as per constitution - within 60 days - the rest are nonsense. This limited 14 day hearing - really a one week hearing.

Supreme court doesnt have powers to give those orders. It cannot find Chebukati guilty of anything without a proper criminal case.  It also cannot make Raila PORK. It cannot order how IEBC should be configured. It cannot ovethrow or suspend the constitution and give Raila what he has failed to get from Kenyans.

In short this is nonsense case - Migunasque scatter-gun approach hoping to hit something.

Maajabu gani?  Enlighten us on which law puts a limit on how many prayers a petitioner can seek?
 
PRAYER 20:  A declaration be made that the 2nd Respondent is unfit to hold officehttps://nipate.net/index.php?topic=13822.msg125858#msg125858)

[RV Pundit]

IEBC conducted many elections - there is one perenial complainer Raila Odinga - who has complained over Chesoni, Kivutiu, Amhed Hassan and now Chebukati. Next election he will complain. Chebukati was ODM lawyer before going to IEBC.

Raila problem is not IEBC - it's kenyans who have totally rejected him - starting  with Mt kenya. Until he figure out how to appease Mt Kenya and now Kalenjin - he cannot win - even if election are repeated and held by his own wife - mt kenya and Kalenjin will turn up in large numbers to reject him - giving -40% KO before other kenyans come to finish the job -TKO.

While all you see are moles, others just want an IEBC which will conduct a free and fair elections and not disenfranchise  their vote. We cannot be going to Petitions after every General Election.

[Dear Mami]

Supreme court doesnt have powers to give those orders. . . .   It also cannot make Raila PORK

No election Court can make anyone PORK/MP/MCA etc. But they can, upon a recount of ballots showing a clear winner, order the IEBC to issue the election certificate to the rightful winner. That does not mean this will happen in this case, obviously: Because merely showing that the court has the power to correct a wrongful declaration is not the same thing as showing that a wrongful declaration was made.

Elections Act, Cap 24 of 2011

80. Powers of election court

(4) An election court may by order direct the Commission to issue a certificate of election to a President, a member of Parliament or a member of a county assembly

[RV Pundit]

I dont think that act is constitutional - and I expect it will become part of the big challenge here.

Only IEBC can declare someone elected. I remember there was a recount done that found MP had won - but I dont know how far it went - but eventually either it was quashed or new election ordered.

The point is SCORK has limited powers. It cannot order IEBC on how to do their job - or say Chebukati cannot run elections. That is parliament job.

So most of orders AZIMIO are asking are overreaching. They are asking SCORK to do parliament, president, criminal court and worse kenyan jobs - they are asking for a civilian coup.

Constitution talks about - annulling presidential election and 60 days of new elections. This is NOT MCA or MP election. This presidential election petititon that is heard and determined in 14 days. I dont think acts of parliament can help anyone here.

COK2010 is clear - two options here - 1) Uphold as valid 2) Invalidate and order a re-run in 60 days - there are no IFFS or BUTTS - they cannot even order it done in 100 days.

No election Court can make anyone PORK/MP/MCA etc. But they can, upon a recount of ballots showing a clear winner, order the IEBC to issue the election certificate to the rightful winner. That does not mean this will happen in this case, obviously: Because merely showing that the court has the power to correct a wrongful declaration is not the same thing as showing that a wrongful declaration was made.