NAsa and ICC groupie (Maina Kia) filling two more cases

[RV Pundit]

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They want BVR /EVD tender that was awarded last year and has already been completed now need to be cancelled less than 3 weeks to election date.

2013 - their hopes of Raila PORK were on ICC Judges - seem now all their hopes have been invested in Justice Odunga.

https://www.standardmedia.co.ke/article/2001248160/iebc-faces-two-other-cases-that-might-bungle-elections

Next thing - we will hear is they will not participate in election  - Kichapo inacome.

[Omollo]

Two more cases that target the system for electronic identification of voters and another on the backup system have been filed against the electoral commission.

The first case, filed by activists Maina Kiai, Tirop Kitur, and Khelef Khalifa, is challenging the procurement process of the Biometric Voter Register (BVR) kits.

The other suit, filed before the High Court by Bado Mapambano Movement, is seeking to block the use of a backup system to the electronic system.

Section 44 A

That would be the implication if the lobby group succeeds in having Section 44 A of the Elections Act, declared unconstitutional.

These cases essentially challenge the whole election system and could derail the August 8 elections.

They are in addition to the ballot paper printing tender case and the backup system case filed by the National Super Alliance (NASA).

There are separate cases against the BVR kits, the ballot printing tender, the results transmission process, and the law that was made in Parliament on elections.

Mr Kiai's group argues that the identification devices that were procured by the electoral body were not verified and thus cannot be used in the elections.

The case filed by lawyer Willis Otieno against the Kenya Bureau of Standards (Kebs) and the Independent Electoral and Boundaries Commission (IEBC) claims that the devices have not been subjected to pre-export verification standards and might contain ghost voters in a bid to enable rigging.

Due process

"This case aims at securing the due process of the law to secure the integrity of the electoral process and the sanctity of the votes to be cast in the next election and if it is not heard on a priority basis, this matter may be overtaken by events and hence rendered useless," the court papers read.

The trio argue that Kebs failed in its duty by not verifying whether the devices are up to standard and that this failure to follow the proper process taints the whole procurement process.

It is also claimed that there is a possibility of rigging the elections as the devices have not been confirmed to be tamper-proof.

"Misapplication of the law in the acquisition of the devices could result in violation of the right to a free and fair election," the petitioners claim.

The three lobbyists want the court to find that the procedure for importing and delivering the BVR kits was done in violation of the Constitution and at the same time force IEBC to acquire a new batch.

the export law cited by the trio says that IEBC ought to have acquired a pre-export certificate which shows that the items procured are of Kenyan standards.

This certificate is given by Kebs and is done before an entity imports items into the country.

They claim that the IEBC got an exemption, thus it cannot be ascertained that the kits are up to standard.

IEBC allegedly sought the waiver on the claim that there was little time left to the election date.

It was also claimed that the firm that supplied equipment that failed in the 2013 election is the same one that was contracted to deliver the kits this year.

"The petitioner seeks an order that, in keeping with the principles of public participation, the electronic/biometric voter identification devices be subjected to a process of public examination and verification as to their suitability for their intended purpose before they are deployed for use in the General Election scheduled to take place in August, 2017," the trio ask the court.

Bado Mapambano

In the case filed by Bado Mapambano lobby group, the court is being asked to declare section 44A of the Elections Act unconstitutional.

The contested section was introduced in the original 2011 Election Act through an amendment and allows a backup mechanism for identifying voters and transmitting election results.

The lobby claims that the section is against the Constitution, which provides for public participation and free and fair elections.

There is a separate case by NASA on the issue of a backup system, and the party argues that IEBC has not put out regulations to enable it to have a backup system that is not manual.

The case will be heard today.

[vooke]

They want BVR /EVD tender that was awarded last year and has already been completed now need to be cancelled less than 3 weeks to election date.

2013 - their hopes of Raila PORK were on ICC Judges - seem now all their hopes have been invested in Justice Odunga.

https://www.standardmedia.co.ke/article/2001248160/iebc-faces-two-other-cases-that-might-bungle-elections

Next thing - we will hear is they will not participate in election  - Kichapo inacome.

NASWA is so ashamed of their silly deeds that they are now using proxies. The KPMG petition where they were interested party was filed through Omtata. The judges saw through their shenanigans and called them out.

No doubt these are NASWA proxies

[Omollo]

What harm or loss would come to NASA if they file their own cases? I believe there is one or two case directly filed by NASA.

Omtatah is NOT a LUO contrary to the Muratina rumors. He is a Luhya from Busia currently running for the Busia Senate seat.

Omtatah has been filing cases in courts for years and has never been known to bend to instructions, influence or party. He is his own man and I think you are being grossly unfair to profile him as you now do.

If he had been like the Kibes of this world he would be a multi-millionaire. Unlike Kibe who distinguished himself for filing cases on behalf of Kibaki and after being paid heavily for it, Omtatah had to get help to replace 11 teeth he lost after he turned down an 11 million bribe.

The problem with Jubilee is it is so hell bent against anything that would level the field, it is the new KANU only armed with Chinese weapons. When you act like Moi, you get the same opposition as Moi. These cases and other forms of resistance are not new. The actors are new but the issues are uncannily similar to what we saw as people resisted Moi.

NASWA is so ashamed of their silly deeds that they are now using proxies. The KPMG petition where they were interested party was filed through Omtata. The judges saw through their shenanigans and called them out.

No doubt these are NASWA proxies

[vooke]

What harm or loss would come to NASA if they file their own cases? I believe there is one or two case directly filed by NASA.

Omtatah is NOT a LUO contrary to the Muratina rumors. He is a Luhya from Busia currently running for the Busia Senate seat.

Omtatah has been filing cases in courts for years and has never been known to bend to instructions, influence or party. He is his own man and I think you are being grossly unfair to profile him as you now do.

If he had been like the Kibes of this world he would be a multi-millionaire. Unlike Kibe who distinguished himself for filing cases on behalf of Kibaki and after being paid heavily for it, Omtatah had to get help to replace 11 teeth he lost after he turned down an 11 million bribe.

The problem with Jubilee is it is so hell bent against anything that would level the field, it is the new KANU only armed with Chinese weapons. When you act like Moi, you get the same opposition as Moi. These cases and other forms of resistance are not new. The actors are new but the issues are uncannily similar to what we saw as people resisted Moi.

NASWA is so ashamed of their silly deeds that they are now using proxies. The KPMG petition where they were interested party was filed through Omtata. The judges saw through their shenanigans and called them out.

No doubt these are NASWA proxies

There is a narrative advanced by Jubilee that NASWA is not ready and are doing everything to stop or delay the polls. Every other case they file in court supports this narrative. Adams Oloo was at pains to explain why they are challenging the manual back up now and not months ago.

Now you idiot, proxies don't have to be Luos for them to qualify as proxies

Here's the KPMG petition where NASWA were called out for using proxies (Omtata)
http://kenyalaw.org/caselaw/cases/view/132278/

[RV Pundit]

It very clear the intention is to throw everything at judiciary in desperate bid that one of them will postphone the election. They know UhuRUto will white-wash them. So now they are re-opening EVD/BVR machines that were long delivered.

[Omollo]

Vooke

Get your head examined urgently.

The case and "calling out you refer to" is an ex parte application which was before a Single Judge Odunga. He, in his ruling passed the case to Justice Chacha Mwita for further orders on hearing and disposal.

The called "Calling out" is in fact one of the grounds cited by the plaintiffs against the IEBC. I will copy and paste generously:
 

9. The Cases sponsored by the Respondent through third parties are PETITION NO. 399 OF 2016:
MUGAMBI IMANYARA & ANOR VERSUS THE ATTORNEY GENERAL AND 2 OTHERS and
PETITION 415 OF 2016: COLLINS KIPCHUMBA TALLAM VERSUS THE ATTORNEY GENERAL &
IEBC.
10. These sponsored petitions are a sign of bad faith on the Independent Electoral and
Boundaries Commission.
11. In addition the Respondent has prepared draft regulations table with the National Assembly Justice and Legal Affairs Committee whose effect would be to negate and undo the entire gains of the Election Laws (Amendment) Act No. 36 of 2016. This is further evidence of bad faith.
12. The intended audit of the register of voters is clouded with opaqueness, secrecy and lack of accountability since no methodology or criteria for the audit has been disclosed to ensure the objectives set out in law are realized.

Singed by Odunga, J

NASWA is so ashamed of their silly deeds that they are now using proxies. The KPMG petition where they were interested party was filed through Omtata. The judges saw through their shenanigans and called them out.

No doubt these are NASWA proxies

There is a narrative advanced by Jubilee that NASWA is not ready and are doing everything to stop or delay the polls. Every other case they file in court supports this narrative. Adams Oloo was at pains to explain why they are challenging the manual back up now and not months ago.

Now you idiot, proxies don't have to be Luos for them to qualify as proxies

Here's the KPMG petition where NASWA were called out for using proxies (Omtata)
http://kenyalaw.org/caselaw/cases/view/132278/
[/quote]

[vooke]

Judiciary apana tambua take taka

High Court dismisses @Maina_Kiai case seeking public scrutiny of biometric kits tender; rules @IEBCKenya complied with the law. pic.twitter.com/lEmkJdE9Hp

— Citizen TV Kenya (@citizentvkenya) July 19, 2017

[Omollo]

Now it doesn't? If the decision had gone against your interests you would be calling out Odunga. What a piece of unprincipled crap

Judiciary apana tambua take taka

High Court dismisses @Maina_Kiai case seeking public scrutiny of biometric kits tender; rules @IEBCKenya complied with the law. pic.twitter.com/lEmkJdE9Hp

— Citizen TV Kenya (@citizentvkenya) July 19, 2017

[vooke]

Vooke

Get your head examined urgently.

The case and "calling out you refer to" is an ex parte application which was before a Single Judge Odunga. He, in his ruling passed the case to Justice Chacha Mwita for further orders on hearing and disposal.

The called "Calling out" is in fact one of the grounds cited by the plaintiffs against the IEBC. I will copy and paste generously:
 

9. The Cases sponsored by the Respondent through third parties are PETITION NO. 399 OF 2016:
MUGAMBI IMANYARA & ANOR VERSUS THE ATTORNEY GENERAL AND 2 OTHERS and
PETITION 415 OF 2016: COLLINS KIPCHUMBA TALLAM VERSUS THE ATTORNEY GENERAL &
IEBC.
10. These sponsored petitions are a sign of bad faith on the Independent Electoral and
Boundaries Commission.
11. In addition the Respondent has prepared draft regulations table with the National Assembly Justice and Legal Affairs Committee whose effect would be to negate and undo the entire gains of the Election Laws (Amendment) Act No. 36 of 2016. This is further evidence of bad faith.
12. The intended audit of the register of voters is clouded with opaqueness, secrecy and lack of accountability since no methodology or criteria for the audit has been disclosed to ensure the objectives set out in law are realized.

Singed by Odunga, J

NASWA is so ashamed of their silly deeds that they are now using proxies. The KPMG petition where they were interested party was filed through Omtata. The judges saw through their shenanigans and called them out.

No doubt these are NASWA proxies

There is a narrative advanced by Jubilee that NASWA is not ready and are doing everything to stop or delay the polls. Every other case they file in court supports this narrative. Adams Oloo was at pains to explain why they are challenging the manual back up now and not months ago.

Now you idiot, proxies don't have to be Luos for them to qualify as proxies

Here's the KPMG petition where NASWA were called out for using proxies (Omtata)
http://kenyalaw.org/caselaw/cases/view/132278/

[/quote]

Sorry nigga, I gave you the wrong link

http://kenyalaw.org/caselaw/cases/view/137167/

this court cannot avoid but express its  opinion that while genuine litigants with legitimate grievances relating to matters which  are dear to them must be addressed, no doubt, the petitioner for purposes of this case is wearing a mask of public interest litigation in his own right while he, in essence, is proxy of others.the 2nd interested party CORD having been a pious explorer in JR 648 of 2016 on a technicality, was mortified and used the name of the petitioner herein Okiya Omtatah Okoit to initiate these proceedings.

[vooke]

Now it doesn't? If the decision had gone against your interests you would be calling out Odunga. What a piece of unprincipled crap

Judiciary apana tambua take taka

Uhuruto have made enough noise against the Judiciary and you can trust that they are woke. No more nonsense

[Omollo]

Like I have repeated, you lack an extra brain cell to carry out simple thought process. Una bamanya tu. What a.hole

Sorry nigga, I gave you the wrong link

[vooke]

Like I have repeated, you lack an extra brain cell to carry out simple thought process. Una bamanya tu. What a.hole

Sorry nigga, I gave you the wrong link

I apologized. I'm sorry.

I also gave you the correct link and I posted the relevant sections.

[RV Pundit]

They should make sure they he pays the cost of the suit. This is what the court ought to do. Not to accept to be used by people afraid of election. Let election happen and we shall see if it's free or rigged.

Judiciary apana tambua take taka

High Court dismisses @Maina_Kiai case seeking public scrutiny of biometric kits tender; rules @IEBCKenya complied with the law. pic.twitter.com/lEmkJdE9Hp

— Citizen TV Kenya (@citizentvkenya) July 19, 2017