Mwilu Agrees Constitution Inadequate!

[Dear Mami]

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I saw her now saying kama time ni chida, mjilaumu (talking to Kenyans), for giving us only 14 days to do a years' work. I've made that point severally. Even those who complain about the court taking charge of the process like French civil courts are wrong, though they're technically right: it's not the court's fault that it does so; it's the crazy constraints they're forced to deal with that force them to take over matter/roles they'd normally leave to parties, so as to minimize injustice. Don't know who came up with the deadlines but they didn't think far.

[KenyanPlato]

our constitution is very limiting in this aspect. also limiting President power during this crucial period is very flawed

[Kim Jong-Un's Pajama Pants]

In the US, it's all devolved.  Election disputes will go to your regular courts and make their way through the system.  There is no guarantee that SCOTUS will even take a peak at them up if they are brought before them.  But there are like 2 months between elections and assumption of office.

[KenyanPlato]

In the US, it's all devolved.  Election disputes will go to your regular courts and make their way through the system.  There is no guarantee that SCOTUS will even take a peak at them up if they are brought before them.  But there are like 2 months between elections and assumption of office.

this may be better to devolve elections

[RV Heavy Hitter!]

We need to move the swearing-in and assumption of office past 90 days so that enough time is available to solve the disputes. I can understand why it is 14 days if what Githu alluded to is to go by. In the courtroom, he said Kenya's current constitution is a commonwealth constitution with roots going back to the election act of the United Kingdom (I think the 1940s). As such, it thoroughly discourages overturning elections. In fact, the 2017 elections may be the only election to be nullified in the next 30 years or so. Framers didn't care about the 14 days; they could have even said 72 hours because no nullification was envisioned. That caught my attention a little bit!

[Kim Jong-Un's Pajama Pants]

In the US, it's all devolved.  Election disputes will go to your regular courts and make their way through the system.  There is no guarantee that SCOTUS will even take a peak at them up if they are brought before them.  But there are like 2 months between elections and assumption of office.

this may be better to devolve elections

I thought a bit about that.  But Kenya is just too corrupt.  Imagine 47 stout shiny ones, each one knowing they can swing an election one way or another.  There really is no system(high tech or otherwise) that can fix a corrupt society. 

[Dear Mami]

In the US, it's all devolved.  Election disputes will go to your regular courts and make their way through the system.  There is no guarantee that SCOTUS will even take a peak at them up if they are brought before them.  But there are like 2 months between elections and assumption of office.

this may be better to devolve elections

No way, man! Can you imagine it, if we had it? Right now we'd have 47 different presidential election petitions running at the same time everywhere. We are too corrupt and divided to go down that route.

[bryan274]

In the US, it's all devolved.  Election disputes will go to your regular courts and make their way through the system.  There is no guarantee that SCOTUS will even take a peak at them up if they are brought before them.  But there are like 2 months between elections and assumption of office.

this may be better to devolve elections

No way, man! Can you imagine it, if we had it? Right now we'd have 47 different presidential election petitions running at the same time everywhere. We are too corrupt and divided to go down that route.

The tribal kingpins would "win" with 99% of the 100% turnout.  It would be terrible. 

[RV Pundit]

99% percent it expected independent iebc with supreme court judge chair will get it right.. annualing presidential worldwide is very rare you can count on single hand because ballots not 7 men should be final...if supreme court make it habit it means they can decide the contest...in short you better have very good case because the implied threshold is very very high.2017 was rare as the sighting of UFO...it will happen rarely again .In Kenya already 50 percent threshold is very high so if someone can get there by hook or crook he has won it.Why would people vote when you can challenge results successful... supreme court jurisdiction in this  matter is limited by strict timeline...so they don't abuse their power and override the people power..it has to open and shut case...of totally messed election..not one where we are desperately hunting for errors when a candidate has already met incredible 50 percent...moi ruled with 36 percent

[Nowayhaha]

14 Days is more than enough. SCORK main constituional task is listen to Presidential election Petition and elections is about numbers. Whoever cheated Kenyans of Qualitative and Quantitative analysis of election cheated Kenyans.
Coming with prayers to kick out Chebukati at a Presidential petition ia just a waste of time. They should have done with that aspect just after 2017 elections.
Maraga did a misjustice in 2017 by overturning wlwctions transmission of provisional results .
The  courts were clear that Results at the polling station are final. If there was discrepancies at polling stations and form 34A then that would be an issue.
Errors will always be there but if they dont affect the election results then there is no need to dwell so much on them.
Why should SCORK added more time to deal with propaganda ams Shenenigans. What I saw in the past 3 days is Azimio getting free media Airtime to play politics. They asked for recount it was done and numbers add up. Requested server provided but wanted more just to play politics with it .
Its so sad to see lawyers like Soweto and Murgor who we have grown up admiring becoming cheap political sell outs.

My admiration for Otiende Omollo has gone a notch higher . He went to court to argue about Numbers .In his thinking Ruto did not attain 50% + 1 .
Such arguments should be backbone of Presidential petitions.Its also evident Otiende has a bone of contetion with either Raila or people around Raila.

[gout]

Everyone is always calling for extension of deadlines for mundane tasks at the cost of a tanking economy.

There is need to be sanctions for IEBC officers messing up. We need to sanction incompetence which can lead to civil war.

I see the lawyers and judges largely shied away from taking about the chaos at Bomas. We need serious sanctions to anyone allowed to be at Bomas.

SCORK needs to sanction forgeries, lies, vexatious nonsense and stupidity.