Nipate
Forum => Kenya Discussion => Topic started by: RV Pundit on September 25, 2017, 02:18:43 PM
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http://www.nation.co.ke/news/DCI-EACC-Supreme-Court-registrar-probe/1056-4110856-5p04d1z/index.html
“We have written to the DCI expressing our interest and willingness to work together to tackle this matter and we hope that at the end of the meeting, we will be able to know the direction that we will take,” Mr Waqo said.
In the complaint, Mr Mohammed alleges that Forms 34B and 34A examined by Justice Ndung’u were certified copies deposited in court by the IEBC within 48 hours of the filing of the petition challenging the presidential election.
"Given the great public interest in the presidential election, the petition that challenged the same and the judgment, it is critical urgent thorough investigations be undertaken," the letter to EACC read.
Mr Mohammed filed his complaint through Kioko Kilukumi & Co Advocates where he raised concerns as to whether two contrasting viewpoints could be factual.
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Oooooh what a waste of time? Meanwhile corruption is reign supreme in that shithole
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They will face some legal obstacles. Subiri utaona
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Meanwhile arse scratching electoral riggers are freely walking around shouting and screaming at people.
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I am sure. What does the law says about election materials. I think sealed ballot boxes are protected but forms are not. They can be examined with a court order.
They will face some legal obstacles. Subiri utaona
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The material is in the custody of the court.
It is not a walk into a toilet to begin to investigate the Third Arm of the Government. They would need to obtain a court order to access the material and obviously many parties would be interested in being heard. If they go ahead kifua mbele, they will be stopped by a court order awaiting a full hearing. Let see how it plays out. I have a feeling this will backfire on Uhuru
You mean originals are still with SCOK?
I’d have thought they was only used for the scrutiny exercise and have since been returned to IEBC,but if there ever was a second scrutiny,it’d mean they have yet to be doctored to suit Njoki’s Scrutiny.
NASWA should be glad thet Njoki will be embarrassed by a second scrutiny so I don’t know why there are so nervous
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Pundit
There is something that you are overlooking in your hurry to throw Nyaikai under the bus.
For it to be established that the proper forms were before the court, the IEBC would have to open the servers. Are they now ready to do that?
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[15] In response to the Application, the 1st Respondent filed a replying affidavit sworn on 26th August 2017 by Mr. Moses Kipkogei, its Legal Officer. In the said affidavit, it is the 1st respondent’s case that:
(i) the application seeks to expand the petition in an unconstitutional manner in that it seeks to introduce new evidence after the limitation period established by Article 140 of the Constitution had lapsed;
(ii) no basis has been laid in law for the grant of scrutiny under Section 82 of the Elections Act, No.24 of 2011;
(iii) the applicants are foraging, in an unconstitutional manner, for evidence which should have otherwise been sought prior to the filing of the petition;
(iv) grant of the information sought is likely to compromise the integrity and security of the information technology systems; and
(v) compliance with the orders sought would be onerous in view of the strict timelines prescribed under the Constitution for hearing and determination of the petition; and that Regulation 15 of the Elections (Technology) Regulations 2017 provides an avenue for obtaining the Presidential Petition No.1 of 2017 -13- information sought which Regulation has not been complied with.
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Obviously I use only logic to determine where this should lead us. I don't think Nyakai is at fault. I blame IEBC. They are the source of CERTIFIED copies at SCOK and Original forms that were examined under supervision of Nyakai. That to me is where investigation is needed.
It should be pretty easy. These forms originates from ROs. They've been flagged. We know say Nyali or Likoni had issues. Summon the RO. Let him explain the difference. That should give us the clues.
Chiloba admits that originals were messed up during printing.
As for servers - I don't think Jubilee has ever objected to it being opened. Open them today.
Pundit
There is something that you are overlooking in your hurry to throw Nyaikai under the bus.
For it to be established that the proper forms were before the court, the IEBC would have to open the servers. Are they now ready to do that?
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That is how you intend to change them?
That again will not work -- kindly reapply logic again. It still proves that the IEBC failed.
Obviously I use only logic to determine where this should lead us. I don't think Nyakai is at fault. I blame IEBC. They are the source of CERTIFIED copies at SCOK and Original forms that were examined under supervision of Nyakai. That to me is where investigation is needed.
It should be pretty easy. These forms originates from ROs. They've been flagged. We know say Nyali or Likoni had issues. Summon the RO. Let him explain the difference. That should give us the clues.
Chiloba admits that originals were messed up during printing.
As for servers - I don't think Jubilee has ever objected to it being opened. Open them today.
Pundit
There is something that you are overlooking in your hurry to throw Nyaikai under the bus.
For it to be established that the proper forms were before the court, the IEBC would have to open the servers. Are they now ready to do that?
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3rd Respondent’s Case
[20] In response to the Motion, the 3rd Respondent filed an affidavit in reply sworn on 25th August, 2017 by Brian Gichana Omwenga, a technology advisor employed by the Jubilee Party and in it, he deponed that the application is misguided and devoid of merit because first, while the 1st Petitioner places great emphasis on “the results that were being streamed in at a public electronic display in Bomas of Kenya and on an online portal”, the Constitution nor any written law do not impose an obligation on the 1st Respondent to “exclusively use electronic systems to transmit results” save that whatever system is used must be simple, accurate, verifiable, accountable and transparent.
[21] Second, and as a corollary to the above, Section 44A of the Elections Act grants the 1st Respondent discretion to use a complementary mechanism where “technology either fails entirely, fails to work properly or does not meet the constitutional threshold of a system that is simple, accurate, verifiable, accountable and transparent.”
[22] Third, that the election of 8th August 2017 was conducted within the law as casting of ballots, the counting, announcement and transmission of the votes and results were undertaken in the presence of agents of the Petitioners, a fact confirmed by independent observers such as Elections Observation Group (ELOG).
[23] Fourth, that the streamed results were sent electronically and following the Elections (General) Regulations, 2017 as well as the directions by the Court of Appeal in the case of The Independent Electoral & Boundaries Commission (IEBC) v. Maina Kiai & 5 Others, Civil Appeal No. 105 of 2017; [2017] eKLR and that the results in all 290 constituencies were conclusively tallied, collated and announced.
[24] Fifth, that there was no legal requirement that the 1st Respondent ought to avail Forms 34A to any presidential candidate for verification.
[25] Sixth, that the 1st Respondent does not have telecommunication facilities of its own and relied on Safaricom Ltd, Airtel Kenya Ltd and Telkom Kenya Ltd to provide transmission services and that Regulations 20 and 24 of the Elections (Technology) Regulations while obligating the service providers to provide technological services as requested by the 1st Respondent, technology is nonetheless susceptible to failure, sabotage or human error.
[26] Seven, that for the above reasons, Section 44A of the Elections Act was introduced by the Election Laws (Amendment) Act, 2017, obligating the 1st Respondent to put in place a complementary mechanism for both identification of voters and transmission of election results to ensure compliance with Article 38 of the Constitution, which mechanism it put in place; an action confirmed and upheld by both the High Court H.C. Constitution Petition No. 328 of 2017, National Super Alliance Kenya v. Independent Electoral & Boundaries Commission & 2 Others. That decision was later upheld at the Court of Appeal.
[27] Ninth, pursuant to Regulation 21 of the Elections (Technology) Regulations, the 1st Respondent posted to the public a list of 11,000 polling stations without 3G coverage and this was a matter well within the Petitioners’ knowledge. In addition, that in such situations, the Forms 34A would be ferried physically to the Constituency Tallying Centres or transmitted electronically in places where there was 3G network coverage.
[28] Tenth, that even if the Petitioners were to be granted access to the information and equipment that they were seeking, the 1st Respondent would require 14 days to do so as the computer logs for example run into approximately 100,000 pages.
[29] Lastly, that the application and prayer for leave to file additional affidavits is a fishing exercise to help the Petitioners engage in a wild goose chase for information only meant to affirm their bias and conspiracy theories and that their hacking of systems claims have been discredited by experts.
That, therefore, the application ought to be dismissed with costs.
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I think evidence gathered will lead us to where we need. We need to resolve Njoki claim that certified copies were signed, stamped and had serial numbers - and Nyakai claims that original were not signed, not stamped and had no serial numbers. This is serious matter that Judiciary should also internally investigate unless they are compromised.
If ROs are guilty - they should go to court for presenting fake or forged papers. If they damage the original secure form 34Bs during printing - they should explain how & where they got the new "originals".
If the guys in charge of securing IEBC warehouse or store are guilty - they should be charged.
If the Registar did her own thing - she is in hot soup.
Obviously there is implicit fraud here and hence criminal investigation has to start.
That is how you intend to change them?
That again will not work -- kindly reapply logic again. It still proves that the IEBC failed.
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[60] At the hearing of the application, a question was posed by the court as to
the efficacy of a scrutiny of all the documents and equipment listed in the
application taking into account the timelines for determining a Presidential
Election dispute. It was the Petitioners’ Counsel’s position that the whole
exercise involving both access to the Forms and technology should not take
more than a few hours. Counsel for the 1
st Respondent on the other hand
Presidential Petition No.1 of 2017 -36-
stated that the access to Forms 34A and 34B may be granted and a report
generated by the Registrar of this Court within a day. Indeed, it was Counsel’s
position that the 1st Respondent would avail all the original Forms 34A and
Form 34B, as requested by the Petitioners, as long as the exercise that would
ensue thereafter would be supervised by the Court.
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Meanwhile the SCOK ruled on September 1, 2017 that illegalities were committed on 8/8 and the DPP has been drugging his feet in commencing a comprehensive investigation on IEBC and yet they are so quick to launch one on Nyakai. The DPP's excuse that he was waiting for the decision was lame because he had enough probable cause to begin a comprehensive investigation without any pre-conceptions. It just goes to show how "independent" these so called Independent institutions are when we have a corrupt incumbent like Ouru and the high priest of corruption-Ruto.
What we need is a comprehensive investigations on the transmission of the 2017 elections which will include the servers, the forms and the ballots. Unfortunately Ouru and Ruto will never allow for anything good to happen to this country so long as it does not/or may not favor them.
That is how you intend to change them?
That again will not work -- kindly reapply logic again. It still proves that the IEBC failed.
Obviously I use only logic to determine where this should lead us. I don't think Nyakai is at fault. I blame IEBC. They are the source of CERTIFIED copies at SCOK and Original forms that were examined under supervision of Nyakai. That to me is where investigation is needed.
It should be pretty easy. These forms originates from ROs. They've been flagged. We know say Nyali or Likoni had issues. Summon the RO. Let him explain the difference. That should give us the clues.
Chiloba admits that originals were messed up during printing.
As for servers - I don't think Jubilee has ever objected to it being opened. Open them today.
Pundit
There is something that you are overlooking in your hurry to throw Nyaikai under the bus.
For it to be established that the proper forms were before the court, the IEBC would have to open the servers. Are they now ready to do that?
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Meanwhile the SCOK ruled on September 1, 2017 that illegalities were committed on 8/8 and the DPP has been drugging his feet in commencing a comprehensive investigation on IEBC and yet they are so quick to launch one on Nyakai. The DPP's excuse that he was waiting for the decision was lame because he had enough probable cause to begin a comprehensive investigation without any pre-conceptions. It just goes to show how "independent" these so called Independent institutions are when we have a corrupt incumbent like Ouru and the high priest of corruption-Ruto.
What we need is a comprehensive investigations on the transmission of the 2017 elections which will include the servers, the forms and the ballots. Unfortunately Ouru and Ruto will never allow for anything good to happen to this country so long as it does not/or may not favor them.
I would not bother with ballots. Whatever the state of the vote was on that day, it was captured on the forms. If the ballots have been tampered with we have the record. That is the whole point of having records in the first place. That is why when you check your account balance, you don't also demand to touch, feel and count the filthy currency bills.
Meanwhile IEBC is determined to plough ahead without explaining to the world why they had problems with the forms transmission and why anybody should believe they will do better this time round.
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Omorlo
You mean originals are still with SCOK?
I’d have thought they was only used for the scrutiny exercise and have since been returned to IEBC,but if there ever was a second scrutiny,it’d mean they have yet to be doctored to suit Njoki’s Scrutiny.
NASWA should be glad thet Njoki will be embarrassed by a second scrutiny so I don’t know why there are so nervous
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The nervousness is obvious. Everyone and their grandmother knows Uhuru won it fair and square. Therefore way forward is full inquiry. Open the servers. Scrutinize the forms. Open the ballots.Let find out who screwed up and why. And of course go for repeat election just confirm again that Uhuru won fair and square.
Omorlo
You mean originals are still with SCOK?
I’d have thought they was only used for the scrutiny exercise and have since been returned to IEBC,but if there ever was a second scrutiny,it’d mean they have yet to be doctored to suit Njoki’s Scrutiny.
NASWA should be glad thet Njoki will be embarrassed by a second scrutiny so I don’t know why there are so nervous
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(http://omollosview.com/wp-content/uploads/2017/09/report-of-registrar.jpg)
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Meanwhile the SCOK ruled on September 1, 2017 that illegalities were committed on 8/8 and the DPP has been drugging his feet in commencing a comprehensive investigation on IEBC and yet they are so quick to launch one on Nyakai. The DPP's excuse that he was waiting for the decision was lame because he had enough probable cause to begin a comprehensive investigation without any pre-conceptions. It just goes to show how "independent" these so called Independent institutions are when we have a corrupt incumbent like Ouru and the high priest of corruption-Ruto.
What we need is a comprehensive investigations on the transmission of the 2017 elections which will include the servers, the forms and the ballots. Unfortunately Ouru and Ruto will never allow for anything good to happen to this country so long as it does not/or may not favor them.
I would not bother with ballots. Whatever the state of the vote was on that day, it was captured on the forms. If the ballots have been tampered with we have the record. That is the whole point of having records in the first place. That is why when you check your account balance, you don't also demand to touch, feel and count the filthy currency bills.
Meanwhile IEBC is determined to plough ahead without explaining to the world why they had problems with the forms transmission and why anybody should believe they will do better this time round.
That would be true until we discover that the 11k dodgy form 34Bs are just that, dodgy and do not reflect the events on the material day and are infact doctored/forgeries to fit a certain narrative advanced by JEBC.
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There was an elaborate handover of the originals witnessed by ALL the parties. It is described in the Registrar's report prepared and signed by ALL the agents. It is my belief that unless the IEBC took them back (which is possible but I will find out) then the forms are still at the court.
The chances that ALL the agents got it wrong but Njoki was right is simply made in Utopia.
Pundit, this is so laughable that you would imagine anybody is panicking. The frivolous accusations against the Registrar are based on tribal bigotry partly because unlike Shollei, she refused to be bribed. This is revenge.
Uhuru through Muhoro and his gay lover at EACC can investigate IEBC. The war against the Registrar is a waste of time. Read her report
[pdf]http://www.judiciary.go.ke/portal/assets/filemanager_uploads/A%20-%20Presidential%20Petitions%202017/Rulings/Registrar%20Scrutiny%20Report%20Pursuant%20to%20the%20Orders%20of%20the%20Supreme%20Court%20of%20Kenya%2029082017.pdf[/pdf]
Omorlo
You mean originals are still with SCOK?
I’d have thought they was only used for the scrutiny exercise and have since been returned to IEBC,but if there ever was a second scrutiny,it’d mean they have yet to be doctored to suit Njoki’s Scrutiny.
NASWA should be glad thet Njoki will be embarrassed by a second scrutiny so I don’t know why there are so nervous
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The nervousness is obvious. Everyone and their grandmother knows Uhuru won it fair and square. Therefore way forward is full inquiry. Open the servers. Scrutinize the forms. Open the ballots.Let find out who screwed up and why. And of course go for repeat election just confirm again that Uhuru won fair and square.
Omorlo
You mean originals are still with SCOK?
I’d have thought they was only used for the scrutiny exercise and have since been returned to IEBC,but if there ever was a second scrutiny,it’d mean they have yet to be doctored to suit Njoki’s Scrutiny.
NASWA should be glad thet Njoki will be embarrassed by a second scrutiny so I don’t know why there are so nervous
When you read Pundit saying this after weeks of Jubilee resistance in making possible any meaningful inspection of all electoral materials and IT infrastructure, the only conclusion is that the bodies have been moved, some destroyed.
The court process stopped to allow Uhuru consulatation on a recount. He refused it at the time, presumably because the stuffing wasn't quite complete.
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1. Uhuru vehemently opposed the opening of the servers
2. Uhuru vehemently opposed the examination of the From 34a and 34B and 34C
3. Uhuru's lawyer almost got a stroke when the issue of opening the ballot boxes to recount was brought up. Orengo withdrew the request
I have posted the evidence below just incase you wish to examine it. Read the entire ruling and strangely the authorities to prevent any further recount etc will be from Uhuru's lawyers! :D :D They were so good at opposing the reopening of the ballot boxes that they went overboard with authorities!
I found another gem: Njoki ndung'u has previously opposed the reopening of ballot boxes :D :D
This is promising to be great fun. Quoting The Mullah speaking against his own application
The nervousness is obvious. Everyone and their grandmother knows Uhuru won it fair and square. Therefore way forward is full inquiry. Open the servers. Scrutinize the forms. Open the ballots.Let find out who screwed up and why. And of course go for repeat election just confirm again that Uhuru won fair and square.
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We do not need to re-litigate the SCOK's decision in order to achieve that goal. The court has already ruled that illegalities and irregularities were committed. There are several petitions out there alleging the same. Let us use that decision to commence a comprehensive investigation of the whole 2017 elections and stop cherry picking which parts to investigate. Let us lay all evidence on the table, invite experts from all over the world that we may need, let us not "leave any stone unturned". Let us engage in the search of truth and let the chips fall where they may.
I think evidence gathered will lead us to where we need. We need to resolve Njoki claim that certified copies were signed, stamped and had serial numbers - and Nyakai claims that original were not signed, not stamped and had no serial numbers. This is serious matter that Judiciary should also internally investigate unless they are compromised.
If ROs are guilty - they should go to court for presenting fake or forged papers. If they damage the original secure form 34Bs during printing - they should explain how & where they got the new "originals".
If the guys in charge of securing IEBC warehouse or store are guilty - they should be charged.
If the Registar did her own thing - she is in hot soup.
Obviously there is implicit fraud here and hence criminal investigation has to start.
That is how you intend to change them?
That again will not work -- kindly reapply logic again. It still proves that the IEBC failed.
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I am not sure I know NASA to be panicking! Has Raila or any of his advocates said they opposed the scrutiny? What I have seen is the public ridiculing of Jubilee for demanding scrutiny of ballot boxes now when they opposed it earlier and the obvious suggestion that they have probably fixed the boxes!
If you find any evidence of panicking please share it with me. You have the tendency to grab on to something and run wild with it ignoring all evidence and even your own earlier positions. So I usually don't bother to waste my time pursuing you when you get into that mode.
Pundit is on a propaganda mission. He knows this is crap but believes it makes NASA sweat (at least that is the purpose.
Omorlo
You mean originals are still with SCOK?
I’d have thought they was only used for the scrutiny exercise and have since been returned to IEBC,but if there ever was a second scrutiny,it’d mean they have yet to be doctored to suit Njoki’s Scrutiny.
NASWA should be glad thet Njoki will be embarrassed by a second scrutiny so I don’t know why there are so nervous
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1. Uhuru vehemently opposed the opening of the servers
2. Uhuru vehemently opposed the examination of the From 34a and 34B and 34C
3. Uhuru's lawyer almost got a stroke when the issue of opening the ballot boxes to recount was brought up. Orengo withdrew the request
I have posted the evidence below just incase you wish to examine it. Read the entire ruling and strangely the authorities to prevent any further recount etc will be from Uhuru's lawyers! :D :D They were so good at opposing the reopening of the ballot boxes that they went overboard with authorities!
I found another gem: Njoki ndung'u has previously opposed the reopening of ballot boxes :D :D
This is promising to be great fun. Quoting The Mullah speaking against his own application
The nervousness is obvious. Everyone and their grandmother knows Uhuru won it fair and square. Therefore way forward is full inquiry. Open the servers. Scrutinize the forms. Open the ballots.Let find out who screwed up and why. And of course go for repeat election just confirm again that Uhuru won fair and square.
Nobody during the hearing requested for ballot scrutiny.
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Absolutely agree.We are gonna spend 20-30B and economy has lost 100B - 1% is off the projected economy growth - which is alot of money.
We do not need to re-litigate the SCOK's decision in order to achieve that goal. The court has already ruled that illegalities and irregularities were committed. There are several petitions out there alleging the same. Let us use that decision to commence a comprehensive investigation of the whole 2017 elections and stop cherry picking which parts to investigate. Let us lay all evidence on the table, invite experts from all over the world that we may need, let us not "leave any stone unturned". Let us engage in the search of truth and let the chips fall where they may.
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Ohoo boy I don't work for Jubilee.
When you read Pundit saying this after weeks of Jubilee resistance in making possible any meaningful inspection of all electoral materials and IT infrastructure, the only conclusion is that the bodies have been moved, some destroyed.
The court process stopped to allow Uhuru consulatation on a recount. He refused it at the time, presumably because the stuffing wasn't quite complete.
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(https://s1.postimg.org/567rm4exwf/0604_DBC6-_E9_E4-4596-93_DA-35_CCFD509_ED0.jpg)
(https://s1.postimg.org/71kceqt38f/A725_E288-_B6_C2-416_A-_B953-867_A805_C46_A7.jpg)
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They never even called Waiguru for questioning and here they are doing the usual crap. What a shithole.
Oooooh what a waste of time? Meanwhile corruption is reign supreme in that shithole
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They never even called Waiguru for questioning and here they are doing the usual crap. What a shithole.
Oooooh what a waste of time? Meanwhile corruption is reign supreme in that shithole
They are not going after Njoki Ndungu either. Yet her claims are the genesis of this whole charade.