Author Topic: Sinking Raila-Uhuru cannot be saved by Supreme Court without sinking everyone  (Read 6319 times)

Offline Nowayhaha

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They dont care about the petition. All they care about is Nusu Mkate Government.
Their attack on Chebukati is a means to get there . Their strategy is get him out of the way , then there will be a Constituional crisis . Through Parliament negotiate a NARA , make Raila PM and change Constituion. If SCORK doesnt give them their way do it riot style .
However it will not be as easy as they think. They are mistaken .

They have sunk their petition by asking for too much - that SCORK cannot grant

Offline RV Pundit

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I dont think SCORK will walk onto such a trap with open eyes. They are asking for constitutional crisis that endangers everyone.

They dont care about the petition. All they care about is Nusu Mkate Government.
Their attack on Chebukati is a means to get there . Their strategy is get him out of the way , then there will be a Constituional crisis . Through Parliament negotiate a NARA , make Raila PM and change Constituion. If SCORK doesnt give them their way do it riot style .
However it will not be as easy as they think. They are mistaken .

They have sunk their petition by asking for too much - that SCORK cannot grant

Offline audacityofhope

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Which trap? They will act and deal with the one guy who is precipitating the constitutional crisis. A court is moved to act by those who seek justice in its corridors.They even ask you to state your prayers! The Court does not act on its own motion. So you think the Judges are twiddling their fingers and isn't listening to the lawyers in court? You are delusional and foolish on that account.
SCOK allowed 18 lawyers for Petitioners and 4 for the Respondents. All 18 have spoken about how Chebukati willfully violated the Constitution ... Postponed General Elections in 2 counties, abrogated himself powers "to decided" what he would declare .... didnt announce the tally of 27 constituencies even after order had been restored! (Just coz WSR was sitting next to him, daggers drawn!)

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Prof Ojienda had this to say in summary: The person I'd not like to be now is Githu Muigai because every advocate in this court has spoken on violations of his client against the constitution.

?s=20&t=8kWi3glD4pL8JzgA6gVIkw
I dont think SCORK will walk onto such a trap with open eyes. They are asking for constitutional crisis that endangers everyone.

Offline RV Pundit

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SCORK powers are limited by constitution and the laws.
They are limited as election court - to either annul or not annual
They expect someone is asking election to be annualed to do so -  with utmost good faith - so he can go back and run again - win or lose - comeback.
Azimio are showing bad faith by asking that Chebukati doesnt participate.
While they know Chebukati cannot be fired or jailed by SCORK.
Chebukati can only be fired through established procedure - he is on equal basis with supreme court judge.

Raila was already given hail mary pass in 2017 - he decided to go for violence - something he would have done without wasting SCORK time.

The court is also very aware that election should be settled at IEBC and ballots - not settled by 7 judges! So annuallment is normally not easy - and ours was Africa first.

So bad faith - annual but we wont use it - we will go violence or EXTRA JUDICIAL MEANS.

The SCORK should simply ignore them and tell them proceed with violence, political and constitutional crisis without us.

Which trap? They will act and deal with the one guy who is precipitating the constitutional crisis. A court is moved to act by those who seek justice in its corridors.The even ask you to state your prayers! The Court does not act on its own motion. So you think the Court is wishing away time and isn't listening to the lawyers in court? You are delusional and foolish on that account.
SCOK allowed 18 lawyers for Petitioners and 4 for the Respondents. All 18 have spoken about how Chebukati willfully violated the Constitution ... Postponed General Elections in 2 counties, decided what he would declare .... didnt announce the tally of 27 constituencies even after order had been restored! (Just coz WSR was sitting next to him, daggers drawn!)

Prof Ojienda had this to say in summary: Tom Ojienda: The person I'd not like to be now is Githu Muigai because every advocate in this court has spoken on violations of his client against the constitution.

?s=20&t=8kWi3glD4pL8JzgA6gVIkw
I dont think SCORK will walk onto such a trap with open eyes. They are asking for constitutional crisis that endangers everyone.

They dont care about the petition. All they care about is Nusu Mkate Government.
Their attack on Chebukati is a means to get there . Their strategy is get him out of the way , then there will be a Constituional crisis . Through Parliament negotiate a NARA , make Raila PM and change Constituion. If SCORK doesnt give them their way do it riot style .
However it will not be as easy as they think. They are mistaken .

They have sunk their petition by asking for too much - that SCORK cannot grant

Offline Nowayhaha

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Even in 2017 with Maragas Misrule IEBC were only told to do a repeat election. SCORK did not sanction IEBC. This time around they have changed tact and they want IEBC official heads.
Now if Supreme court grants Railas wish You talk of Constituional crisis . It will be a national catastrophe . Even SCORK wont survive .


I dont think SCORK will walk onto such a trap with open eyes. They are asking for constitutional crisis that endangers everyone.

They dont care about the petition. All they care about is Nusu Mkate Government.
Their attack on Chebukati is a means to get there . Their strategy is get him out of the way , then there will be a Constituional crisis . Through Parliament negotiate a NARA , make Raila PM and change Constituion. If SCORK doesnt give them their way do it riot style .
However it will not be as easy as they think. They are mistaken .

They have sunk their petition by asking for too much - that SCORK cannot grant

Offline RV Pundit

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Exactly. SCORK will not survive because the constitution would have failed - and we will need new constitution - and they will become victim. Only a fool will walk straight into a constitutional crisis.

Even in 2017 with Maragas Misrule IEBC were only told to do a repeat election. SCORK did not sanction IEBC. This time around they have changed tact and they want IEBC official heads.
Now if Supreme court grants Railas wish You talk of Constituional crisis . It will be a national catastrophe . Even SCORK wont survive .


Offline audacityofhope

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Vitisho baridi. For years Pundit threathened about Kalenjin warriors on this wall. Last week in futility he was crying here asking for Uganda to invade Kenya.
Whatever you have, come baby come!

Offline RV Pundit

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The job warriors can do is different from what Uganda can help. What is required now is intelligence to track and neutralize all coup plotters. Ruto can ask Museveni to send him spies - and they will do the job - with help of Ruto men. These are just few pests - that need to be fixed.

Warriors only come out if there is brazen rigging like 2007 - that spark violence - if they had kidnapped Chebukati for example in Bomas. Ruto security men put a serious gordon in Bomas and they failed to kidnap or arrest Chebukati.

Vitisho baridi. For years Pundit threathened about Kalenjin warriors on this wall. Last week in futility he was crying here asking for Uganda to invade Kenya.
Whatever you have, come baby come!

Offline Dear Mami

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A constitutional crisis will happen if a re-run is ordered, no matter if no other orders are granted.

I doubt this court will grant any of the orders re IEBC/Commissioners, just judging from the way they dealt with Moses Kuria and IEBC lawyer applications. They seem determined to avoid coming anywhere near the IEBC crisis. If they order a re-run, they'll just say 're-run in 60 days per this/that article.'

The crisis is not the making of the court but of IEBC (and the political camps who've sullied the institution). It'll happen simply because IEBC is currently dysfunctional and politicians will reject the faction of commissioners aligned with the other side. We'll need a temporary measure, like a limited commission of three, quickly drawn from professionals from other countries who can do the job quickly. If that can be done in two weeks and they do everything openly at every stage, we might get the re-run by deadline or perhaps miss it by just a short time. Better than a prolonged crisis.

But don't expect the crisis to come from any specific orders of the court apart from a re-run: the re-run will immediately usher in the crisis, because it comes from IEBC, not the court.

Offline RV Pundit

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The more reason not to allow it unless there is very compelling reason that 2022 election were totally messed up. They werent. Everyone else is very happy - those who lost are happy - in the other seats.

Just a perennial loser in the presidential race with a bad reputation.

SCORK job is to defend the constitution - not to walk straight into constitutional crisis - based on flimsy reasons.

Raila need a smoking gun - he has nothing - fake form 34as, fake logs and rogue IEBC commissioners whose stories keep changing

Why would SCORK stop enjoying their lives like rest of kenyans - and worry about the ambition of one Raila- drag the country through constitutional crisis - where no one knows how it will be resolve - it could degenerate into civil war.

A constitutional crisis will happen if a re-run is ordered, no matter if no other orders are granted.

I doubt this court will grant any of the orders re IEBC/Commissioners, just judging from the way they dealt with Moses Kuria and IEBC lawyer applications. They seem determined to avoid coming anywhere near the IEBC crisis. If they order a re-run, they'll just say 're-run in 60 days per this/that article.'

The crisis is not the making of the court but of IEBC (and the political camps who've sullied the institution). It'll happen simply because IEBC is currently dysfunctional and politicians will reject the faction of commissioners aligned with the other side. We'll need a temporary measure, like a limited commission of three, quickly drawn from professionals from other countries who can do the job quickly. If that can be done in two weeks and they do everything openly at every stage, we might get the re-run by deadline or perhaps miss it by just a short time. Better than a prolonged crisis.

But don't expect the crisis to come from any specific orders of the court apart from a re-run: the re-run will immediately usher in the crisis, because it comes from IEBC, not the court.

Offline Dear Mami

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The more reason not to allow it unless there is very compelling reason that 2017 election were totally messed up. They werent. Just a perennial loser with a bad reputation.

You already know my position was re-tallying based on an agreed authentic source; precisely because I don't want a prolonged crisis. But this court will not order that, it's obvious. I'm just suggesting not to blame the court for any crisis that follows based on any orders sought about the commissioners themselves and their chair. In the current circumstances, if they send us back to the ballot, a crisis is following majorly because IEBC has been totally messed up. The courts do not have any constitutional powers to remedy that because its not their job to sort messy politics.

Offline RV Pundit

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The part you are not getting is simple
1) Raila has history of getting annualment then throw it to the dogs and going for extra-judicial means.
2) Raila is saying this time - he aint going to Chebukati
So it obvious they are asking the court to annual and occasion a crisis. That HUGE ASK.
You already know my position was re-tallying based on an agreed authentic source; precisely because I don't want a prolonged crisis. But this court will not order that, it's obvious. I'm just suggesting not to blame the court for any crisis that follows based on any orders sought about the commissioners themselves and their chair. In the current circumstances, if they send us back to the ballot, a crisis is following majorly because IEBC has been totally messed up. The courts do not have any constitutional powers to remedy that because its not their job to sort messy politics.

Offline audacityofhope

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Why would SCORK stop enjoying their lives like rest of kenyans - and worry about the ambition of one Raila.
Why would SCORK stop enjoying their lives like rest of kenyans - and worry about the ambition of one Ruto.

Submissions for the day over: Now listen to the Judges questions - live now!.....
In 2017, we found that they seemed interested and that shown a light that the Election would be annulled. Remember the question, "what happens to the other 5 ballots"?

Offline Nowayhaha

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Dear Mami, I spoke the other day about Raila End game . Is simply Change the Constituion and have a P.M. and a Parliamentary system with regional Governments . Raila has been pursuing this dream and for him its more important than even Presidency.
In 2005 he was outfoxed by Kibaki , 2010 Constituional Referendum he was outfoxed by Ruto and Uhuru similarly in 2015 with OKOA Kenya and just last year BBI was thrown out by Kenyan Judiciary.

You see a rerun , We see a NARA in the making. He is going for P.M. post and Parliamentary system.
Look what Anyang Nyongo is saying. Fortunately like in 2017 Ruto wont accept any Bullshit. 

https://eu.docs.wps.com/l/sAFBjHUHqmOmfAfLQtvGtpxQ

Quote


A constitutional crisis will happen if a re-run is ordered, no matter if no other orders are granted.

I doubt this court will grant any of the orders re IEBC/Commissioners, just judging from the way they dealt with Moses Kuria and IEBC lawyer applications. They seem determined to avoid coming anywhere near the IEBC crisis. If they order a re-run, they'll just say 're-run in 60 days per this/that article.'

The crisis is not the making of the court but of IEBC (and the political camps who've sullied the institution). It'll happen simply because IEBC is currently dysfunctional and politicians will reject the faction of commissioners aligned with the other side. We'll need a temporary measure, like a limited commission of three, quickly drawn from professionals from other countries who can do the job quickly. If that can be done in two weeks and they do everything openly at every stage, we might get the re-run by deadline or perhaps miss it by just a short time. Better than a prolonged crisis.

But don't expect the crisis to come from any specific orders of the court apart from a re-run: the re-run will immediately usher in the crisis, because it comes from IEBC, not the court.

Offline Dear Mami

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Offline Nowayhaha

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How long will it take to disband the current commision and Sanction current IEBC Commisioner ?
Parliament will need to approve new commisioners . This is not a walk in the park the way you put it out.
Raila vision of a P.M. as stipulated in Nyongos Journal has been his  Vision. Even joining hands with Uhuru his mission he thought was to end up with a new constituion with a P.M. and Parliamentary Regional Govt system. Thats why he had to give Uhuru time after Uhuru waw reluctant at first and after Uhuru shafted him in BBI 1 .
Everyone knows this.
If things were to degenerate why would Uhuru want to rule an unruly country. The other day Uhuru had to stop the so called Vigil at IEBC and Supreme Court offices.
Raila is determined to go all the way for him to change the Constituion through NARA like accord and become P.M. as shorterm solution and change of Constituion as longterm solution.
And even if he loses in Court he will still pursue change of Constituion . Take this to the bank.


Offline Dear Mami

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Noway and Pundit, can you two please stop trying to lecture me on the problems of a constitutional crisis when I saw it and worried about it loooong before you? You even rudely argued with me about the prospect while I agonized over possible scenarios and how to prevent them all the while bragging over how you'd win a re-run? Now you johnny come latelies want to explain the problem to me as if I'm a child . . . No. Take a seat, fellaz!  8)

Understand my simple points!

1) I'm saying, don't blame SCOK for crisis, chida ni IEBC and politicians.
2) Court DOES NOT have the power to resolve the problems taken to them, like many prayers in Raila's petition assume; it's not their job to invent solutions that don't yet exist in our law. That's politicians' job.
3) IF (Read the if again if you're having trouble getting) we end up there, the only solution would be to attempt a limited, neutral commission, and if we can't then the crisis would continue

Nowhere have I suggested 'its a walk in the park,' I've said numerously now that it's NOT a walk in the park which is why I don't want it!!!! Again, stop pretending you're sonehow more concerned about this. Aish!  8)

Offline RV Pundit

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Dear Mami you're already in constitutional crisis.This thread say the real threat of it is the reason the real threshold to annual this election is very very very high and frankly Raila has failed to convince the judges why they should take Kenya there by annualing it.Ruto has working majority to rule and had mandate..SCORK will go for him.Raila can pursue reforms n nusu mkate..and almost all judges asked them those questions

Offline Dear Mami

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Dear Mami you're already in constitutional crisis.This thread say the real threat of it is the reason the real threshold to annual this election is very very very high and frankly Raila has failed to convince the judges why they should take Kenya there by annualing it.Ruto has working majority to rule and had mandate..SCORK will go for him.Raila can pursue reforms n nusu mkate..and almost all judges asked them those questions

Pundit, I'm fully aware we are not there. My response in this thread was prompted by YOU GUYS suggesting that SCOK would be the cause by ordering those prayers about Chebukati etc. The only reason I posted was to make the point that the danger was in the re-run, not what SCOK orders about Commissioners. Yaani, if they order a re-run, the crisis happens no matter what they decide to do about the Commissioners.

Offline RV Pundit

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Dear Mami, I think our disagreement is that you think the judges will proceed blindly and follow where the evidence will lead them ..if it's crisis..they will have done their job.I am saying Raila pulled the dangerous cards too early..rogue commissioners ace and then proudly rejecting rerun under Chebukati is asking the judges for nuclear weapons.If deep state had been smart..they won't have pulled those dangerous cards.. before going to court.They would have pretended to want what judges can grant..a rerun..then immediately activated Chebukati iebc factions...they messed up.Once Chebukati stuck to his guns..deep state should not have panicked knowing they will need SCORK.They should not have killed IEBC then rush to court to ask for a rerun.Rerun when you have killed IEBC?The four commissioner should have waited before playing the rogue card...wait while sabotaging Chebukati internally...but go to this extend of hiring two iebc lawyers..was stupid.SCORk can only give you a second chance with IEBC..but here you're proudly presenting divided gov, divided iebc and asking scork for permission to divide Kenya and start a civil war