George Kegoro Has Excoriated The Supreme Court

[Omollo]

• Tweet

I just finished watching the launching of OKOA Kenya. I missed the beginning due to meetings but caught up with George Kegoro's speech. He delivered it calmly and with clarity. I saw the next Attorney General of Kenya should CORD take power.

I have to thank George Kegoro for a brief but concise analysis of the Supreme Court. He has just given the reasons why should the election be mishandled against CORD, there would be no going to that court.

I had no idea that the Kangaroo court rejected each and every interlocutory application by the Raila side while agreeing to every one by the Uhuru side. They rejected every application for enjoinment by those either neutral or likely to favor Raila while accepting all those likely to favor Uhuru including Moses Kuria.

Among those rejected:
Yash Pal Ghai
The Law Society of Kenya

[RV Pundit]

And what does he propose is the solution? Return to anarchy should CORD be beaten. I have tried to understand CORD gripe against Supreme Court and IEBC and everytime  I find them worthless including Kegoro rantings.CORD and Civil Society (George Kegoro) brought forward a case without merit..which was UNANIMOUSLY rejected by all judges.Some of judges include people you'd expect were sympathetic to CORD including Mutunga, the CJ.

CORD continue to lay the path for another beating in 2017 when they focus on IEBC and Supreme court instead of FOCUSSING ON TRIBAL MATHS.

Uhuru can only be beaten by tribal maths. Nothing more. Nothing less.

[Omollo]

I am no longer sure that those judges were freely expressing their opinions.

There are a number of changes that should be made. I have yet to see the bill but I think thr two week period should be extended and the court granted leeway to extend it to 9 moths. Nobody should be sworn it but the speaker elected by the new parliament can be acting president supervising the outgoing ministers.

Kegoro made his case. How many voters were registered. It turns out the IEBC has four different figures (i) for the Supreme Court it provided two (ii) when releasing the results formally it had a new one (iii) when answering a question in parliament about the results it had yet a new figure.

He raised issue with the integrity of Issack Hassan which I think is a no contest. If jubilee want a stooge they can get a new one just like they are changing Matemu and Keino for another set of toothless dogs. The scandals surrounding the IEBC are so huge that one has to be completely without shame to stay in office. The claim that they don't or didn't know is not good enough. The question is what is worse: To know or not to know?

About unanimous: Not that there is anything wrong with unanimous decisions but I would have been more comfortable and slept easier if there had been at least one dissenting opinion.

And what does he propose is the solution? Return to anarchy should CORD be beaten. I have tried to understand CORD gripe against Supreme Court and IEBC and everytime  I find them worthless including Kegoro rantings.CORD and Civil Society (George Kegoro) brought forward a case without merit..which was UNANIMOUSLY rejected by all judges.Some of judges include people you'd expect were sympathetic to CORD including Mutunga, the CJ.

[Kim Jong-Un's Pajama Pants]

And what does he propose is the solution? Return to anarchy should CORD be beaten. I have tried to understand CORD gripe against Supreme Court and IEBC and everytime  I find them worthless including Kegoro rantings.CORD and Civil Society (George Kegoro) brought forward a case without merit..which was UNANIMOUSLY rejected by all judges.Some of judges include people you'd expect were sympathetic to CORD including Mutunga, the CJ.

CORD continue to lay the path for another beating in 2017 when they focus on IEBC and Supreme court instead of FOCUSSING ON TRIBAL MATHS.

Uhuru can only be beaten by tribal maths. Nothing more. Nothing less.

I think even if one agrees with how the Supreme Court handled the cases, it is ridiculous to suggest nothing needs to change.  Especially with regards to improving the processes at IEBC. 

There is plenty of room for improvement even if there were no challenge.  Specifically, a lot of money was spent on the technologies to reduce electoral fraud.  They all failed. 

I am yet to see any suggestion that anyone plans to fix that.  The relevant parties will probably raise it on the eve of the election.

[RV Pundit]

Omollo, I only agree with slight time extension (say 1 month instead of two weeks) but I think we have to accept whoever will be running IEBC or Supreme Court will be human and they will make mistakes. We certainly need to change IEBC after the chicken scandals. Isaac and team should have long resigned because like Supreme Court, they should be beyond reproach.

But for me the big questions is whether 50%...requirement is high enough? That should be high threshold..but maybe we can make it  60%.

And the bigger question is to focus more on DEVOLUTION...CORD have gone for 45%...I hope they had gone for 60-70% real federalism.

Their list of issues are so underwhelming...parliament should get done and be finished with it..without the need for referendum.

am no longer sure that those judges were freely expressing their opinions.

There are a number of changes that should be made. I have yet to see the bill but I think thr two week period should be extended and the court granted leeway to extend it to 9 moths. Nobody should be sworn it but the speaker elected by the new parliament can be acting president supervising the outgoing ministers.

Kegoro made his case. How many voters were registered. It turns out the IEBC has four different figures (i) for the Supreme Court it provided two (ii) when releasing the results formally it had a new one (iii) when answering a question in parliament about the results it had yet a new figure.

He raised issue with the integrity of Issack Hassan which I think is a no contest. If jubilee want a stooge they can get a new one just like they are changing Matemu and Keino for another set of toothless dogs. The scandals surrounding the IEBC are so huge that one has to be completely without shame to stay in office. The claim that they don't or didn't know is not good enough. The question is what is worse: To know or not to know?

About unanimous: Not that there is anything wrong with unanimous decisions but I would have been more comfortable and slept easier if there had been at least one dissenting opinion.

[RV Pundit]

Of course. But we should be careful so we do not throw away IEBC and Supreme Court..and then begin again...and again..and again. I find this tirade against supreme court for example to be unwarranted...unless somebody has evidence they were bribed or intimidated...casting aspersion on  judges is dangerous.

Parliament should seize the opportunity to improve.....by agreeing with some of the sensible CORD issues. It certainly won't help CORD because the last election...Raila had 50% say on IEBC, Judges and Key officials overseeing election thanks to NARA.

I think even if one agrees with how the Supreme Court handled the cases, it is ridiculous to suggest nothing needs to change.  Especially with regards to improving the processes at IEBC. 

There is plenty of room for improvement even if there were no challenge.  Specifically, a lot of money was spent on the technologies to reduce electoral fraud.  They all failed. 

I am yet to see any suggestion that anyone plans to fix that.  The relevant parties will probably raise it on the eve of the election.

[vooke]

There is a simple logic; when the courts rule in your favor, they are objective, progressive......but when they rule against, they are compromised, biased,partisan. So either have your way or they are wrong

Of course. But we should be careful so we do not throw away IEBC and Supreme Court..and then begin again...and again..and again. I find this tirade against supreme court for example to be unwarranted...unless somebody has evidence they were bribed or intimidated...casting aspersion on  judges is dangerous.

Parliament should seize the opportunity to improve.....by agreeing with some of the sensible CORD issues. It certainly won't help CORD because the last election...Raila had 50% say on IEBC, Judges and Key officials overseeing election thanks to NARA.

I think even if one agrees with how the Supreme Court handled the cases, it is ridiculous to suggest nothing needs to change.  Especially with regards to improving the processes at IEBC. 

There is plenty of room for improvement even if there were no challenge.  Specifically, a lot of money was spent on the technologies to reduce electoral fraud.  They all failed. 

I am yet to see any suggestion that anyone plans to fix that.  The relevant parties will probably raise it on the eve of the election.

[GeeMail]

The biggest problem I see is hypocrisy just like in the church. Why is Parliament so willing to throw away EACC on the basis of corruption but when it comes to IEBC you only see twiddling of fingers? If EACC is guilty of corruption for selling Integrity Center to the lowest bidder or the highest bribe giver, what about IEBC which sold Kenya for the tastiest chicken? Kenyan MPs sound like protestant Sunday keepers all through.

There is no need of cleansing IEBC's plate in the morning while having hyenas guard the pen where you will keep the goats at night.

[Georgesoros]

Uhuru is exactly like George Bush - elected by supreme court. At the same time CORD has many avenues to continue to push for reform, but they have chosen to focus on the top seat.
Bread. I agree. Too many double standards. maybe because these hyenas dont want their pen cleansed of corruption.

[RV Pundit]

Suprisingly they haven't stepped down despite being investigated. I think IEBC commissioners need to go due to Chicken scandal. Then a new team appointed. How they will be appointed is another pandora box...

The biggest problem I see is hypocrisy just like in the church. Why is Parliament so willing to throw away EACC on the basis of corruption but when it comes to IEBC you only see twiddling of fingers? If EACC is guilty of corruption for selling Integrity Center to the lowest bidder or the highest bribe giver, what about IEBC which sold Kenya for the tastiest chicken? Kenyan MPs sound like protestant Sunday keepers all through.

There is no need of cleansing IEBC's plate in the morning while having hyenas guard the pen where you will keep the goats at night.

[Omollo]

vooke

What you are saying has largely become s cliche - lets face the naked truth. Judges are known to be biased and many have been caught red handed with bank notes under their flowing robes.

Kegoro made his case: Every application made by the Uhuru side was accepted while every application made by the Raila side was rejected! Those seeking to be enjoined in the case who were clearly pro-Uhuru were allowed yet all those who sought the same who were pro-Raila were rejected.

The Supreme Court rejected the additional affidavit and other evidence even though they knew the IEBC ( a party in the case) was partly responsible for the delay. Thus the IEBC gained from its mischief with tacit SC support.

There is a simple logic; when the courts rule in your favor, they are objective, progressive......but when they rule against, they are compromised, biased,partisan. So either have your way or they are wrong

[RV Pundit]

Kegoro made his case in partisan forum where nobody could challenge him. The facts of the case I think are in wikipedia
http://en.wikipedia.org/wiki/The_Kenya_Presidential_Election_Petition_2013

There were 3 petitions..including Moses Kuria grp (who followed the procedures),AfriCog and Raila Odinga.

Ghai,LSK and AG applied to be friends of court; only AG was accepted.

All the rullings were unanimous.

You'll need more direct evidence to convince kenyans that justice was not done.

vooke

What you are saying has largely become s cliche - lets face the naked truth. Judges are known to be biased and many have been caught red handed with bank notes under their flowing robes.

Kegoro made his case: Every application made by the Uhuru side was accepted while every application made by the Raila side was rejected! Those seeking to be enjoined in the case who were clearly pro-Uhuru were allowed yet all those who sought the same who were pro-Raila were rejected.

The Supreme Court rejected the additional affidavit and other evidence even though they knew the IEBC ( a party in the case) was partly responsible for the delay. Thus the IEBC gained from its mischief with tacit SC support.

There is a simple logic; when the courts rule in your favor, they are objective, progressive......but when they rule against, they are compromised, biased,partisan. So either have your way or they are wrong

[Kim Jong-Un's Pajama Pants]

Kegoro made his case in partisan forum where nobody could challenge him. The facts of the case I think are in wikipedia
http://en.wikipedia.org/wiki/The_Kenya_Presidential_Election_Petition_2013

There were 3 petitions..including Moses Kuria grp (who followed the procedures),AfriCog and Raila Odinga.

Ghai,LSK and AG applied to be friends of court; only AG was accepted.

All the rullings were unanimous.

You'll need more direct evidence to convince kenyans that justice was not done.

vooke

What you are saying has largely become s cliche - lets face the naked truth. Judges are known to be biased and many have been caught red handed with bank notes under their flowing robes.

Kegoro made his case: Every application made by the Uhuru side was accepted while every application made by the Raila side was rejected! Those seeking to be enjoined in the case who were clearly pro-Uhuru were allowed yet all those who sought the same who were pro-Raila were rejected.

The Supreme Court rejected the additional affidavit and other evidence even though they knew the IEBC ( a party in the case) was partly responsible for the delay. Thus the IEBC gained from its mischief with tacit SC support.

There is a simple logic; when the courts rule in your favor, they are objective, progressive......but when they rule against, they are compromised, biased,partisan. So either have your way or they are wrong

Even though I disagree wikipedia can be used to settle something that is bitterly disputed and controversial.  How true is this information?

4. IEBC admitted that it covertly single sourced server and database services from Kencall and spent no less than $26.5million on the RPS (results presentation system) which comprised:

 1 Server at Kencall running Oracle 11g Goldengate
 1 HP DL 580 Proliant Server at Bomas
 Oracle 11g Goldengate database license
 33,400 Oracle 11g user licences

From what I recall, there was no oracle database at all.  It was MySQL.  I believe a glassfish application server as well.  While I don't doubt that the money could have been spent.  Everything was basically FREE.

[RV Pundit]

I think the true position was that KenCall handled IEBC call center (voter education).Kencall was also handling TNA it's internal election reporting system..where their agents would call and Kencall staff would key in the results.

IEBC ran their results transmission syste inhouse. The server crashed because some fool left the default log file size (2G)....and meanwhile the server (mysql) logging was set to verbose...so the log file grew quickly and in those few critical hours..the server crashed and everyone panicked.

IEBC secretariat was manned by Oswago and the systems- Odongo or somebody like that (IT guy with some Nigeria election experience)...so you can say Raila had a fair shot.

4. IEBC admitted that it covertly single sourced server and database services from Kencall and spent no less than $26.5million on the RPS (results presentation system) which comprised:

 1 Server at Kencall running Oracle 11g Goldengate
 1 HP DL 580 Proliant Server at Bomas
 Oracle 11g Goldengate database license
 33,400 Oracle 11g user licences

From what I recall, there was no oracle database at all.  It was MySQL.  I believe a glassfish application server as well.  While I don't doubt that the money could have been spent.  Everything was basically FREE.

[Kim Jong-Un's Pajama Pants]

I think the true position was that KenCall handled IEBC call center (voter education).Kencall was also handling TNA it's internal election reporting system..where their agents would call and Kencall staff would key in the results.

IEBC ran their results transmission syste inhouse. The server crashed because some fool left the default log file size (2G)....and meanwhile the server (mysql) logging was set to verbose...so the log file grew quickly and in those few critical hours..the server crashed and everyone panicked.

IEBC secretariat was manned by Oswago and the systems- Odongo or somebody like that (IT guy with some Nigeria election experience)...so you can say Raila had a fair shot.

4. IEBC admitted that it covertly single sourced server and database services from Kencall and spent no less than $26.5million on the RPS (results presentation system) which comprised:

 1 Server at Kencall running Oracle 11g Goldengate
 1 HP DL 580 Proliant Server at Bomas
 Oracle 11g Goldengate database license
 33,400 Oracle 11g user licences

From what I recall, there was no oracle database at all.  It was MySQL.  I believe a glassfish application server as well.  While I don't doubt that the money could have been spent.  Everything was basically FREE.

Pundit,

I am not concerned with the credibility of the ruling; it will be split between ODM and PNU(or its current reincarnation)

For me, $26 million bucks.  To get an open-source(free) product.  And then not deliver. 

I can only imagine how many more are out there out of sight public scrutiny.  This makes chicken-gate look like a walk in the park.

[RV Pundit]

Yes that was a big scandal.Kenya election was the WORLD second most expensive election after UN sponsored one in Afgan.There was outright corruption and panicking buying....

Pundit,

I am not concerned with the credibility of the ruling; it will be split between ODM and PNU(or its current reincarnation)

For me, $26 million bucks.  To get an open-source(free) product.  And then not deliver. 

I can only imagine how many more are out there out of sight public scrutiny.  This makes chicken-gate look like a walk in the park.

[Omollo]

The Wikipedia article needs to be updated. Here is the list of those who applied to be amicus curiae :
1. Attorney General - Supported by Uhuru - Court Granted . Githu Muigai (he did not recuse himself despite being related to Uhuru and having shown previous bias in his favour
2. Prof. Pal Yash Ghai -  Opposed by Uhuru - Court Denied - The SC denied the application on the grounds that he was biased against Uhuru. No tangible proof of bias was presented
3. Nazlin Naslin - Opposed by Uhuru - Court denied - Alleged bias not proved
4. LSK - Opposed - Denied
5. Either Ndubi or Kituo Cha Sheria applied and was/ were denied.

[Omollo]

I have never believed that this server crashing was a mistake.

Now that we are on it could you explain why the difference between Uhuru and Raila remained static despite varying results input? Any votes awarded to Raila immediately triggered a rise in Uhuru's votes that were from nowhere.

I think the true position was that KenCall handled IEBC call center (voter education).Kencall was also handling TNA it's internal election reporting system..where their agents would call and Kencall staff would key in the results.

IEBC ran their results transmission system in house. The server crashed because some fool left the default log file size (2G)....and meanwhile the server (mysql) logging was set to verbose...so the log file grew quickly and in those few critical hours..the server crashed and everyone panicked.

IEBC secretariat was manned by Oswago and the systems- Odongo or somebody like that (IT guy with some Nigeria election experience)...so you can say Raila had a fair shot.

[Kim Jong-Un's Pajama Pants]

I have never believed that this server crashing was a mistake.

Now that we are on it could you explain why the difference between Uhuru and Raila remained static despite varying results input? Any votes awarded to Raila immediately triggered a rise in Uhuru's votes that were from nowhere.

I think the true position was that KenCall handled IEBC call center (voter education).Kencall was also handling TNA it's internal election reporting system..where their agents would call and Kencall staff would key in the results.

IEBC ran their results transmission system in house. The server crashed because some fool left the default log file size (2G)....and meanwhile the server (mysql) logging was set to verbose...so the log file grew quickly and in those few critical hours..the server crashed and everyone panicked.

IEBC secretariat was manned by Oswago and the systems- Odongo or somebody like that (IT guy with some Nigeria election experience)...so you can say Raila had a fair shot.

It's hard to believe it was not a result of a special effort to fail.  The data in question is not a lot.  Even with default settings, on very humble hardware, things don't fail that easily.

Once it fails, and I believe it fails, it does not play any further role in the outcome.  But it opens the door for old tried and tested processes to come into play. 

If ODM were serious, they should have walked out of the election before the outcome was clear.

[RV Pundit]

What do you mean static.You only need a random sample of 2,000 people to determine the election in a scientific poll. Significant number of polling station randomly reported before the crash...and it reflected the final tally.

Before the crash I think 1/3 or more of polling stations had reported...randomly from diferent polling station..that ought to have reflected the final tally and it did.

It something else if you have aggregated reporting say at constituency..where someone strongholds..could come in late like 2007 kibaki rigging.

The systems was reporting at 30,0000 polling stations..and before the crash...more than 10,000 had check their votes in randomly from every corner of the country.

I have never believed that this server crashing was a mistake.

Now that we are on it could you explain why the difference between Uhuru and Raila remained static despite varying results input? Any votes awarded to Raila immediately triggered a rise in Uhuru's votes that were from nowhere.