Judge Odunga - get NASA ballot printing case

[MOON Ki]

Interesting stuff.   A couple of questions:

(i) How did Odunga get the case to start with?    Was the application fled before him, or was it assigned to him?  If the latter, by whom?

(ii) I see proposals for this or other judge to replace Odunga in the case.   Considering the administrative structure of the court system, how would it be done (or justified)?

(iii) What is the exact evidence of bias in Odunga's case?   Presumably the claim of bias is made on the basis of some of his past rulings.  If so, have those "biased" rulings been challenged in court?   If so, with what results? If not, then why not?

[RV Pundit]

You keep lying about supreme court decision. They simply found no evidence of rigging. They audited results from all polling stations. They even did a sample recount in some polling stations. They found nothing. The errors they found were fair errors. Human errors that didn't benefit Uhuru. CORD complains was that they had more evidence that were declared filled late without even paying the fees. The so called more evidence were trash.

Magara cannot....."reign in judges from overstepping their mandate"  administratively. The supreme court can overturn a lower courts case decision based on those arguments if supported by evidence and the law.  The remedy that NASA is seeking here is not the postponement of the elections and therefore the mantra that "elections must be held on August 8, 2017" should not be directed to  NASA's.  However, the if court agrees with NASA then they must put together a remedy that addresses NASA'S concerns and also makes sure the elections are held on August 8, 2017.  What this supreme  court cannot do and must not do is to do what Willy Mutunga's court  did in 2013.  Tell the people of kenya that they are going to let an injustice stand because  "its hands are tied".  A supreme court's hands cannot be tied on an important matter such as "free and fair elections".  There is enough time for the courts to do justice to this matter and still keep the August 8, 2017, date.

And plunge the country into a constitutional crisis? Magara as head of Judiciary & JSC have to reign on judges & magistrate from overstepping their mandate. Election must be held on 8th August. There is no other way around it. Whatever doesn't get resolved now can become petition after elections have been done. Judges do not have absolute powers - their jurisdiction is limited.IEBC should be allowed to hold elections - otherwise some judge can extend Uhuru stay in power indefinitely?

Maraga's announcement is ominous.  His only concern should be that the judge apply the law fairly. 

Those arguments that can be made in the courts.  If you don't trust the courts to do their job, then there is no point having them.

[Kichwa]

What else did you expect them to say to justify such a glaring injustice. What they did was refuse to examine conclusive evidence on flimsy technicality argument and then they concluded that they found "no evidence". I think there is a general consensus that it was the worst decision ever by a supreme court and it never recovered. People have a difficulty even remembering the name Willy Mutunga because he failed the country at a historical moment.

You keep lying about supreme court decision. They simply found no evidence of rigging. They audited results from all polling stations. They even did a sample recount in some polling stations. They found nothing. The errors they found were fair errors. Human errors that didn't benefit Uhuru. CORD complains was that they had more evidence that were declared filled late without even paying the fees. The so called more evidence were trash.

Magara cannot....."reign in judges from overstepping their mandate"  administratively. The supreme court can overturn a lower courts case decision based on those arguments if supported by evidence and the law.  The remedy that NASA is seeking here is not the postponement of the elections and therefore the mantra that "elections must be held on August 8, 2017" should not be directed to  NASA's.  However, the if court agrees with NASA then they must put together a remedy that addresses NASA'S concerns and also makes sure the elections are held on August 8, 2017.  What this supreme  court cannot do and must not do is to do what Willy Mutunga's court  did in 2013.  Tell the people of kenya that they are going to let an injustice stand because  "its hands are tied".  A supreme court's hands cannot be tied on an important matter such as "free and fair elections".  There is enough time for the courts to do justice to this matter and still keep the August 8, 2017, date.

And plunge the country into a constitutional crisis? Magara as head of Judiciary & JSC have to reign on judges & magistrate from overstepping their mandate. Election must be held on 8th August. There is no other way around it. Whatever doesn't get resolved now can become petition after elections have been done. Judges do not have absolute powers - their jurisdiction is limited.IEBC should be allowed to hold elections - otherwise some judge can extend Uhuru stay in power indefinitely?

Maraga's announcement is ominous.  His only concern should be that the judge apply the law fairly. 

Those arguments that can be made in the courts.  If you don't trust the courts to do their job, then there is no point having them.

[RV Pundit]

Serve Mutunga right. He was Raila type fool who didn't understand that as long as Raila didn't get his way he was nothing. Now look at Chebukati and Chiloba - Luhyas - One was recently ODM LIFE MEMBER - but see what is already befalling them - Raila is accusing them of visiting Uhuru and cutting deals - with no evidence -- soon enough they might even burn their house in western.Oswago from Bondo...poor soul.

Supreme court has nothing to rule on. NASA did not advance any argument on law. It was down to facts --evidence of rigging. There was nothing. If there were argument on some novel law or constitutional issue - maybe the judgement would have been longer. But it was basically a one liner - we found no evidence of rigging. They examined all form 34 - for all polling station - and did a sample of them where ballot boxes were re-opened and counted. Nothing.

Supreme court rulling is novel in it's breivity because CORD filled the world most laughable petition - where Raila who was in charge of procurement for IEBC - wanted to blame IEBC for procuring.

What else did you expect them to say to justify such a glaring injustice. What they did was refuse to examine conclusive evidence on flimsy technicality argument and then they concluded that they found "no evidence". I think there is a general consensus that it was the worst decision ever by a supreme court and it never recovered. People have a difficulty even remembering the name Willy Mutunga because he failed the country at a historical moment.

[MOON Ki]

Any answers, or should we just keep going on the tangets?

Interesting stuff.   A couple of questions:

(i) How did Odunga get the case to start with?    Was the application fled before him, or was it assigned to him?  If the latter, by whom?

(ii) I see proposals for this or other judge to replace Odunga in the case.   Considering the administrative structure of the court system, how would it be done (or justified)?

(iii) What is the exact evidence of bias in Odunga's case?   Presumably the claim of bias is made on the basis of some of his past rulings.  If so, have those "biased" rulings been challenged in court?   If so, with what results? If not, then why not?

[Omollo]

Any answers, or should we just keep going on the tangets?

Interesting stuff.   A couple of questions:

(i) How did Odunga get the case to start with?    Was the application fled before him, or was it assigned to him?  If the latter, by whom?

(ii) I see proposals for this or other judge to replace Odunga in the case.   Considering the administrative structure of the court system, how would it be done (or justified)?

(iii) What is the exact evidence of bias in Odunga's case?   Presumably the claim of bias is made on the basis of some of his past rulings.  If so, have those "biased" rulings been challenged in court?   If so, with what results? If not, then why not?

[Kim Jong-Un's Pajama Pants]

Any answers, or should we just keep going on the tangets?

Interesting stuff.   A couple of questions:

(i) How did Odunga get the case to start with?    Was the application fled before him, or was it assigned to him?  If the latter, by whom?

(ii) I see proposals for this or other judge to replace Odunga in the case.   Considering the administrative structure of the court system, how would it be done (or justified)?

(iii) What is the exact evidence of bias in Odunga's case?   Presumably the claim of bias is made on the basis of some of his past rulings.  If so, have those "biased" rulings been challenged in court?   If so, with what results? If not, then why not?

Welcome to the twilight zone . Or is it 1984?

If I don't see evidence and I am looking and asking, I assume the statement has not been made on the basis of any evidence.

[RV Pundit]

I am surprised you don't know. Odunga sit on high court - constitutional  & human rights division - at Milimani. This is a busy court where everyone with issues constitutional or human rights basically knocks.Most of the cases are political - filled by busy bodies. Some of course will go to a high court judge sitting in Kisumu or Mombasa if they don't trust Milimani crew. From my memory - recently it been held by 3-4 judges - Lenaola, Majanja, Odunga and Ngugi - normally they are 3 judges and the cases are allocated "randomly". Obviously people know how to game this - through registry - by filling the case before a sympathetic judge. It not coincidental that Odunga got this case or others before. The lawyers know which judge to rush to - which explain why sometimes they go to file a case in Malindi or Busia if need be.

Obviously out of those 4 - nobody can question the integrity & competence of Lenaola (now promoted to supreme court),majanja and of course iron lady Ngugi. Ngugi has for example made many rullings against gov - but you cannot fault her. She sticks to the law. You kinda respect her for that.

Odunga is a blot on that very important court. He has made so many constitutional and biased rulling it's the reason NASA would love him to hear their cases.

As far as evidence of Odunga past judgement - it's all over. You can start on this case - he already had ruled against IEBC and cancelled the previous tender sometime last year. The company (allegedly working with Raila) that went to court didn't bother to participate in re-tendering. After Odunga interfered with IEBC  preparedness - the case concluded in April/May - IEBC had little choice but to single source - there was simply no time for open tendering - now he is going to interfere again. Hopefully not.

If he was smart - he'd recuse himself from hearing this - after having had his says on this same case previously.

Interesting stuff.   A couple of questions:

(i) How did Odunga get the case to start with?    Was the application fled before him, or was it assigned to him?  If the latter, by whom?

(ii) I see proposals for this or other judge to replace Odunga in the case.   Considering the administrative structure of the court system, how would it be done (or justified)?

(iii) What is the exact evidence of bias in Odunga's case?   Presumably the claim of bias is made on the basis of some of his past rulings.  If so, have those "biased" rulings been challenged in court?   If so, with what results? If not, then why not?

[RV Pundit]

Any answers, or should we just keep going on the tangets?

Interesting stuff.   A couple of questions:

(i) How did Odunga get the case to start with?    Was the application fled before him, or was it assigned to him?  If the latter, by whom?

(ii) I see proposals for this or other judge to replace Odunga in the case.   Considering the administrative structure of the court system, how would it be done (or justified)?

(iii) What is the exact evidence of bias in Odunga's case?   Presumably the claim of bias is made on the basis of some of his past rulings.  If so, have those "biased" rulings been challenged in court?   If so, with what results? If not, then why not?

[RV Pundit]

I am hearing he has declined to stop printing press. That good for him. He can redeem himself.

[Omollo]

I am hearing he has declined to stop printing press. That good for him. He can redeem himself.

where did you hear that? The parties go before him today and they are all still in the Court of Appeal.

[RV Pundit]

Okay I am going to stop quoting facebook. I am busy in place I can watch TV.

I am hearing he has declined to stop printing press. That good for him. He can redeem himself.

where did you hear that? The parties go before him today and they are all still in the Court of Appeal.

[RV Pundit]

http://www.the-star.co.ke/news/2017/06/23/odunga-refuses-to-suspend-al-ghurair-tender-asks-maraga-to-assign_c1585152

I guess Odunga grew a brain and realized this needed direction of his boss - CJ Maraga - Maraga should constitute 5 bench to hear this.

[Omollo]

That is not the case.

He has previously ruled in the same matter and therefore under the rules he should let the matter go to another judge. Then where the case is likely to set precedent etc, a three or five bench hears the case. He therefore followed the rules.

You can find the guidelines at the Judiciary website

http://www.the-star.co.ke/news/2017/06/23/odunga-refuses-to-suspend-al-ghurair-tender-asks-maraga-to-assign_c1585152

I guess Odunga grew a brain and realized this needed direction of his boss - CJ Maraga - Maraga should constitute 5 bench to hear this.

[Kadudu]

No, it is you to redeem yourself. You made a conclusion on his judgement even before he read it. So now that he did not do what you had predicted, swallow your words and apologise to the nation.
Pundit, some of these judges are not as guliible as you think. They may not make the judgement that fits into your schemes, but let them keep their indepnedent minds.

I am hearing he has declined to stop printing press. That good for him. He can redeem himself.

[RV Pundit]

My fren - I have had issues with Odunga ruling before. I am glad he listen to me (reason) and has granted temporary orders. Election shall be held on 8/8/2017.IEBC shall conduct them. End of story.

No, it is you to redeem yourself. You made a conclusion on his judgement even before he read it. So now that he did not do what you had predicted, swallow your words and apologise to the nation.
Pundit, some of these judges are not as guliible as you think. They may not make the judgement that fits into your schemes, but let them keep their indepnedent minds.