NASA desperate attempt to derail election continues - now want CEO out

[Omollo]

Uchaguzi ni lazima nane nane , wapende wasipende.

Who in NASA wants to postpone the elections? The desire of Uhuru is to postpone the elections hoping he will get time to fix his campaign. Why would NASA let go of the current momentum? Uhuru is a champion of doublespeak

1. He calls Raila a tribalist
2. He says he's delivered on Gender equality in his government
3. He asks opposition to stop matusi before calling Raila muguruki
4. His team now says Raila is a changaa addict while Uhuru is a teetotaler

I could go on forever. Whatever Uhuru says, he means the opposite.

When he says he'll accept defeat he means Raila must accept defeat in the poll he plans to steal.

[vooke]

Another court case
http://www.the-star.co.ke/news/2017/07/18/nasa-wants-polls-stopped-if-electronic-voter-kits-fail_c1598825

[RV Pundit]

On the eve of election - they will still be rushing to court.

Another court case
http://www.the-star.co.ke/news/2017/07/18/nasa-wants-polls-stopped-if-electronic-voter-kits-fail_c1598825

[Kichwa]

I wish you would focus on why they are going to court than how many times. It's not just about this elections it's also about future elections. The process of improving and perfecting the Kenyan electoral system is just getting started. NASA is raising very weighty issues.

On the eve of election - they will still be rushing to court.

Another court case
http://www.the-star.co.ke/news/2017/07/18/nasa-wants-polls-stopped-if-electronic-voter-kits-fail_c1598825

[RV Pundit]

Time-barred. You had 4yrs to rush to court. Now we have exactly 3  weeks to voting day. Whatever remedy you need can only be granted in petition or in 2022 election. The judges simply need to tell NASA - time  for games is up - this time for Kenyans to elect new leadership - the court is powerless - when constitution has clearly put a predictable date for election. Nobody want election where judiciary will decide which day or month election are done. That clearly will take us to dark days when Moi had election date as his secret.

Let election happen - let IEBC do their best - and if their best is not good enough - there is SCOK just waiting for you - you can combine all these 30 suits into a mega-petition.

Precautionary conservatory orders against "perceived" rigging when election has yet to happen should be issued on rare case. Rigging can be cured via petitions.

I wish you would focus on why they are going to court than how many times. It's not just about this elections it's also about future elections. The process of improving and perfecting the Kenyan electoral system is just getting started. NASA is raising very weighty issues.

[Kichwa]

Jubililee think unfairness of the voting system is in their favor and that is why they complain about the heightened level of vigilance by NASA.  Kenyans are being educated about the role the court plays in elections.  In the US the courts in all states and all counties are open on the day of election, with judges assigned to specifically handle complaints that are filed all day long including almost one hour to the end of the election to extend time for people already in the line.  When NASA uses the court, you complain, when NASA exercise their right to  go to the street, you complain-what else is new.  It is the opposition's persistence that gave us multi-party, devolution, the new katiba and all the freedoms that all of us now enjoy. We will continue to make Kenya better despite your protests.

Time-barred. You had 4yrs to rush to court. Now we have exactly 3  weeks to voting day. Whatever remedy you need can only be granted in petition or in 2022 election. The judges simply need to tell NASA - time  for games is up - this time for Kenyans to elect new leadership - the court is powerless - when constitution has clearly put a predictable date for election. Nobody want election where judiciary will decide which day or month election are done. That clearly will take us to dark days when Moi had election date as his secret.

Let election happen - let IEBC do their best - and if their best is not good enough - there is SCOK just waiting for you - you can combine all these 30 suits into a mega-petition.

Precautionary conservatory orders against "perceived" rigging when election has yet to happen should be issued on rare case. Rigging can be cured via petitions.

I wish you would focus on why they are going to court than how many times. It's not just about this elections it's also about future elections. The process of improving and perfecting the Kenyan electoral system is just getting started. NASA is raising very weighty issues.

[Omollo]

Pundit

This is a typical Jubilee Uthamaki way of thinking. I can see you are getting fully integrated.

Time-barred. You had 4yrs to rush to court.

How could the opposition go to court to demand the publication of the Voter Register or against the Al Ghurair tender when they were not issues at the time? CORD went to the streets to address the issues and you condemned and ridiculed their demands without stating how they would interfere with free, fair and credible elections.

Now we have exactly 3  weeks to voting day. Whatever remedy you need can only be granted in petition or in 2022 election.

Let's leave that to the courts. I appreciate your personal and highly subjective opinion

The judges simply need to tell NASA - time  for games is up - this time for Kenyans to elect new leadership - the court is powerless - when constitution has clearly put a predictable date for election.

Again that is your opinion and quite subjective.

Nobody want election where judiciary will decide which day or month election are done. That clearly will take us to dark days when Moi had election date as his secret.

How about 2012? Who decided on the March 2013 Election? I do not recall Jubilee protesting. If anything, they got the extra time they needed to perfect the theft.

Let election happen - let IEBC do their best - and if their best is not good enough - there is SCOK just waiting for you - you can combine all these 30 suits into a mega-petition.

If there is one place I know NASA will not go as a plaintiff the Njoki Ndung'u and Maraga court is it! We know where Njoki hid her 2013 mega bribe and she had better get ready to run or lose it.

Precautionary conservatory orders against "perceived" rigging when election has yet to happen should be issued on rare case. Rigging can be cured via petitions.

Your personal opinion is noted and taken into advisement

I wish you would focus on why they are going to court than how many times. It's not just about this elections it's also about future elections. The process of improving and perfecting the Kenyan electoral system is just getting started. NASA is raising very weighty issues.

[Kichwa]

Any law can be challenged in court, whether in the constitution, statutory, regulatory, case law, customary law. It all depends on the basis of the challenge.  This includes the date of the election. Elections must be free and fair and therefore if the court holds that the elections would not be substantially free and fair if held on nane nane, then they can change the date of the elections to remedy the situation. The courts would not do it lightly but if the evidence is overwhelming then they have no choice but to do it.

[RV Pundit]

8.8 is not a light matter and I expect the judiciary to exercise extreme caution. IEBC remain independent. We want election done so we can send NASA back to the opposition trenches and Jubilee can continue the good work.

Any law can be challenged in court, whether in the constitution, statutory, regulatory, case law, customary law. It all depends on the basis of the challenge.  This includes the date of the election. Elections must be free and fair and therefore if the court holds that the elections would not be substantially free and fair if held on nane nane, then they can change the date of the elections to remedy the situation. The courts would not do it lightly but if the evidence is overwhelming then they have no choice but to do it.

[Kim Jong-Un's Pajama Pants]

Any law can be challenged in court, whether in the constitution, statutory, regulatory, case law, customary law. It all depends on the basis of the challenge.  This includes the date of the election. Elections must be free and fair and therefore if the court holds that the elections would not be substantially free and fair if held on nane nane, then they can change the date of the elections to remedy the situation. The courts would not do it lightly but if the evidence is overwhelming then they have no choice but to do it.

The jubilant has drawn a line on what the courts can say about the law.  It's the same shit I saw kamwana spouting.

[Kim Jong-Un's Pajama Pants]

8.8 is not a light matter and I expect the judiciary to exercise extreme caution. IEBC remain independent. We want election done so we can send NASA back to the opposition trenches and Jubilee can continue the good work.

Any law can be challenged in court, whether in the constitution, statutory, regulatory, case law, customary law. It all depends on the basis of the challenge.  This includes the date of the election. Elections must be free and fair and therefore if the court holds that the elections would not be substantially free and fair if held on nane nane, then they can change the date of the elections to remedy the situation. The courts would not do it lightly but if the evidence is overwhelming then they have no choice but to do it.

They should indeed.  That does not mean the date is the only consideration.  It has to be balanced against other potentially competing considerations in the constitution.

[vooke]

The courts have wizened and NASWA is only a ruling or two away from branding the courts as compromised.

[Nefertiti]

The Al Ghurair matter is substantive for associating with a contestant which is totally unprofessional for an experienced ballot printer. I expect the court to side with NASA. And once again Uhuru will be left with egg in the face.

[vooke]

The Al Ghurair matter is substantive for associating with a contestant which is totally unprofessional for an experienced ballot printer. I expect the court to side with NASA. And once again Uhuru will be left with egg in the face.

The claims/allegations are weighty, but the evidence for the same was fickle to non-existent. That's what informed the courts. Given the confidence Babu was speaking of, I had imagined he had some super secrets up his sleeve. But there was none. That's why I don't take Omorlo's rants seriously. They at most point to a super-fertile imagination

[Kichwa]

The major issue with A Ghurair Tender is  how the tender was awarded. IEBC did not provide conclusive justification for their decision to exercise the option of direct tendering.  The use of that option without proper justification lead to the suspicion that some thing was fishy. Its like the option of Manual Voting, IEBC insisted on retaining it, however, if they decide to use it, they must justify it with substantial evidence otherwise any rational allegation would lead to a heightened review by the courts.  There are certain options provided by the law for emergent situations, however, when an Agency exercises those options, the standard of review by the court is heightened.  NASA does not have to therefore prove beyond reasonable doubt or even with substantial evidence that AL Ghurair has a close relationship with the Kenyatta family. However, because of the direct tender that allegation is rational enough to  trigger a heightened standard of review and that is how they found out that public participation requirement was not observed/ or inadequate.  Its like if you drive too slowly, the police stop you to find out why you are holding traffic and they find weed in your car in plain sight. You are mostly likely not going to be  charged with "driving too slowly" but with illegal possession of weed.  Had they chosen Al Ghurair through the regular tendering then NASA would have had to prove with substantial evidence that AL Ghurair is compromised because of its close relationship with the Kenyatta's. In this case all NASA had to do was  raise a rational suspicion and the heightened review is triggered. Once the heightened review is triggered everything about the tendering process  is looked into and that is how they found inadequate public participation.

The Al Ghurair matter is substantive for associating with a contestant which is totally unprofessional for an experienced ballot printer. I expect the court to side with NASA. And once again Uhuru will be left with egg in the face.

The claims/allegations are weighty, but the evidence for the same was fickle to non-existent. That's what informed the courts. Given the confidence Babu was speaking of, I had imagined he had some super secrets up his sleeve. But there was none. That's why I don't take Omorlo's rants seriously. They at most point to a super-fertile imagination

[Nefertiti]

And that argument will stand in the appeal court. Lateness cannot cure breach of process - especially where the lateness itself can be offset by extending the timeline - an argument used successfully by the IEBC itself in 2012.They are now saying, laughably, that they are short of time but the court must not extend the timeline. This, like the vote tallying case where they disowned their own ROs, is hypocritical and incongruous.

The major issue with A Ghurair Tender is  how the tender was awarded. IEBC did not provide conclusive justification for their decision to exercise the option of direct tendering.  The use of that option without proper justification lead to the suspicion that some thing was fishy. Its like the option of Manual Voting, IEBC insisted on retaining it, however, if they decide to use it, they must justify it with substantial evidence otherwise any rational allegation would lead to a heightened review by the courts.  There are certain options provided by the law for emergent situations, however, when an Agency exercises those options, the standard of review by the court is heightened.  NASA does not have to therefore prove beyond reasonable doubt or even with substantial evidence that AL Ghurair has a close relationship with the Kenyatta family. However, because of the direct tender that allegation is rational enough to  trigger a heightened standard of review and that is how they found out that public participation requirement was not observed/ or inadequate.  Its like if you drive too slowly, the police stop you to find out why you are holding traffic and they find weed in your car in plain sight. You are mostly likely not going to be  charged with "driving too slowly" but with illegal possession of weed.  Had they chosen Al Ghurair through the regular tendering then NASA would have had to prove with substantial evidence that AL Ghurair is compromised because of its close relationship with the Kenyatta's. In this case all NASA had to do was  raise a rational suspicion and the heightened review is triggered. Once the heightened review is triggered everything about the tendering process  is looked into and that is how they found inadequate public participation.