Author Topic: NASA Petition General  (Read 84800 times)

Offline Omollo

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Re: NASA Petition General
« Reply #40 on: August 25, 2017, 08:54:45 PM »
Allow me to interject some head shaking news:

... [the ICC case] will be tried in Europe, where due procedure and expertise prevail.; ... Second-guessing Ocampo and fantasizing ..has obviously become a national pastime.- NattyDread

Offline Omollo

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Re: NASA Petition General
« Reply #41 on: August 25, 2017, 08:57:57 PM »
... [the ICC case] will be tried in Europe, where due procedure and expertise prevail.; ... Second-guessing Ocampo and fantasizing ..has obviously become a national pastime.- NattyDread

Offline Omollo

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Re: NASA Petition General
« Reply #42 on: August 25, 2017, 08:58:53 PM »
... [the ICC case] will be tried in Europe, where due procedure and expertise prevail.; ... Second-guessing Ocampo and fantasizing ..has obviously become a national pastime.- NattyDread

Offline Omollo

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Re: NASA Petition General
« Reply #43 on: August 25, 2017, 09:06:35 PM »
... [the ICC case] will be tried in Europe, where due procedure and expertise prevail.; ... Second-guessing Ocampo and fantasizing ..has obviously become a national pastime.- NattyDread

Offline Omollo

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Re: NASA Petition General
« Reply #44 on: August 25, 2017, 09:07:57 PM »
Patience with dimwits is getting scarce all round :D :D:
... [the ICC case] will be tried in Europe, where due procedure and expertise prevail.; ... Second-guessing Ocampo and fantasizing ..has obviously become a national pastime.- NattyDread

Offline vooke

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Re: NASA Petition General
« Reply #45 on: August 25, 2017, 09:09:51 PM »
It was the same in 2013 hence the crippling of the case when the affidavits were tossed out on a technicality. the SCOK does not take in live testimony / witnesses or allow cross examinations

Omorlo,
I heard that there are changes since 2013 on presidential petition to the effect that the court will more heavily rely on written submissions and less on oral arguments before it. Is this so?



http://kenyalaw.org/kenyalawblog/wp-content/uploads/2017/03/RevisedSupremeCourtPresidentialElectionPetitionRules2017.pdf
Asante ndugu.
I saw a lawyer on NTV panel outside SCOK say this earlier today, in fact he said we will be surprised as there won't be much 'show' unlike 2013.
2 Timothy 2:4  No man that warreth entangleth himself with the affairs of this life; that he may please him who hath chosen him to be a soldier.

Offline Omollo

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Re: NASA Petition General
« Reply #46 on: August 25, 2017, 09:11:26 PM »
... [the ICC case] will be tried in Europe, where due procedure and expertise prevail.; ... Second-guessing Ocampo and fantasizing ..has obviously become a national pastime.- NattyDread

Offline Omollo

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Re: NASA Petition General
« Reply #47 on: August 25, 2017, 09:12:06 PM »
... [the ICC case] will be tried in Europe, where due procedure and expertise prevail.; ... Second-guessing Ocampo and fantasizing ..has obviously become a national pastime.- NattyDread

Offline Omollo

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Re: NASA Petition General
« Reply #48 on: August 25, 2017, 09:13:25 PM »
... [the ICC case] will be tried in Europe, where due procedure and expertise prevail.; ... Second-guessing Ocampo and fantasizing ..has obviously become a national pastime.- NattyDread

Offline Omollo

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Re: NASA Petition General
« Reply #49 on: August 25, 2017, 09:24:24 PM »
I have to look at the rules again. It was my impression they had tried to avoid the issues of 2013 minus the judgment. Most supreme courts allow unlimited wriiten submissions and then allow a day or two of oral submissions then retire to consider and rule. It is not unheard of for judges to recall a lawyer to get some clarification etc. But then they are usually not time constrained.

Asante ndugu.
I saw a lawyer on NTV panel outside SCOK say this earlier today, in fact he said we will be surprised as there won't be much 'show' unlike 2013.
... [the ICC case] will be tried in Europe, where due procedure and expertise prevail.; ... Second-guessing Ocampo and fantasizing ..has obviously become a national pastime.- NattyDread

Offline Kadame7

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Re: NASA Petition General
« Reply #50 on: August 25, 2017, 09:40:51 PM »
It was the same in 2013 hence the crippling of the case when the affidavits were tossed out on a technicality. the SCOK does not take in live testimony / witnesses or allow cross examinations

Omorlo,
I heard that there are changes since 2013 on presidential petition to the effect that the court will more heavily rely on written submissions and less on oral arguments before it. Is this so?



http://kenyalaw.org/kenyalawblog/wp-content/uploads/2017/03/RevisedSupremeCourtPresidentialElectionPetitionRules2017.pdf
I remember when they prevented Raila's lawyer from even interrogating evidence that had already been submitted by the respondents themselves; I remember the refusal to allow a response based on a rule missing that was nonetheless standard procedure in the former and current Court of Appeal proceedings (talk about a technicality); Then Mutunga with his "lets all be relaxed and hug" rules ended up allocating Jubilee/IEBC tonnes more time and opportunities for rejoinders when he allowed all the lawyers equal chance to speak even if they were representing one client so that they basically swamped the CORD/Africog side; Not to mention the refusal to allow the downloads that would take 5 minutes, outright rudeness to the guy who tried to argue chapter 6 issues and all the rulings falling back on, hey, no time! Exact tactics the Moi courts had used to basically refuse to prosecute cases against govts. This is why I don't listen to anyone who claims that case was decided based on lack of evidence. After the 2nd or 3rd ruling I told my mom I already guessed what the main judgment would be and told her not to expect much more. And this time I am not even bothering to follow it as religiously as I did the last time.

Offline Kadame7

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Re: NASA Petition General
« Reply #51 on: August 25, 2017, 09:45:46 PM »
I have to look at the rules again. It was my impression they had tried to avoid the issues of 2013 minus the judgment. Most supreme courts allow unlimited wriiten submissions and then allow a day or two of oral submissions then retire to consider and rule. It is not unheard of for judges to recall a lawyer to get some clarification etc. But then they are usually not time constrained.

Asante ndugu.
I saw a lawyer on NTV panel outside SCOK say this earlier today, in fact he said we will be surprised as there won't be much 'show' unlike 2013.
That was a very dumb provision we put in the Constitution. The terms should have been more general like reasonable time and instructions not to allow excessive amounts of time as would prejudice voters etc. It was the mother of all technicalities in 2013 and probably this time too, who knows. In the same document, you have the courts not being allowed to sacrifice substance on the altar of procedure but the SCOK made this an absolute.

Offline Omollo

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Re: NASA Petition General
« Reply #52 on: August 25, 2017, 10:00:06 PM »
Uthamaki thrives on technicalities. When other people are crafting laws to solve the prevailing and future problems they design ways to benefit from the gaps and technicalities. They refused to increase the time for petitions by another two weeks as demanded by CORD.

There is nothing stopping the SCOK from extending it.

That was a very dumb provision we put in the Constitution. The terms should have been more general like reasonable time and instructions not to allow excessive amounts of time as would prejudice voters etc. It was the mother of all technicalities in 2013 and probably this time too, who knows. In the same document, you have the courts not being allowed to sacrifice substance on the altar of procedure but the SCOK made this an absolute.
... [the ICC case] will be tried in Europe, where due procedure and expertise prevail.; ... Second-guessing Ocampo and fantasizing ..has obviously become a national pastime.- NattyDread

Offline vooke

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Re: NASA Petition General
« Reply #53 on: August 25, 2017, 10:04:29 PM »
IEBC kassait immaculately buries NASA
http://www.judiciary.go.ke/portal/assets/filemanager_uploads/A%20-%20Presidential%20Petitions%202017/REPLYING%20AFFIDAVIT_IMMACULATE%20KASSAIT.pdf

1. Transposition Error
2. Mathematical Error
3. Clerical Error
4. Respondent put to strict proof thereof
2 Timothy 2:4  No man that warreth entangleth himself with the affairs of this life; that he may please him who hath chosen him to be a soldier.

Offline Omollo

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Re: NASA Petition General
« Reply #54 on: August 25, 2017, 10:07:26 PM »
Her analysis is limited and to borrow Pundit's word "cherry picked":
Quote from: Kasait
In particular, based on a thirty-minute time interval
analysis of the data,

IEBC kassait immaculately buries NASA
http://www.judiciary.go.ke/portal/assets/filemanager_uploads/A%20-%20Presidential%20Petitions%202017/REPLYING%20AFFIDAVIT_IMMACULATE%20KASSAIT.pdf

1. Transposition Error
2. Mathematical Error
3. Clerical Error
4. Respondent put to strict proof thereof

... [the ICC case] will be tried in Europe, where due procedure and expertise prevail.; ... Second-guessing Ocampo and fantasizing ..has obviously become a national pastime.- NattyDread

Offline Omollo

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Re: NASA Petition General
« Reply #55 on: August 25, 2017, 10:34:41 PM »


... [the ICC case] will be tried in Europe, where due procedure and expertise prevail.; ... Second-guessing Ocampo and fantasizing ..has obviously become a national pastime.- NattyDread

Offline bryan275

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Re: NASA Petition General
« Reply #56 on: August 26, 2017, 09:11:12 AM »
Omollo, Kenya is a very special place.   Whereas medical mri scans can be sent from San Francisco to India in a  flash, we've somehow failed to send a scanned A4 sheet from nyando to bomas in nbo.   Reminds me of tharaka nithi RO that took days "walking back to centre.   

Lazy electoral thieves.

Offline Omollo

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Re: NASA Petition General
« Reply #57 on: August 26, 2017, 12:02:17 PM »
Bryan

It was what I call willful laziness - a lethal but popular weapon in Kenya among public servants and institutions.

Two days to elections, the IEBC announced that 11K polling stations had no 3G. It was a LIE and many Kenyans went to those locations to tweet photos of the polling stations and set on location for those doubting. Still Chiloba (married to Uhuru's niece) refused to budge.

Now I read Kasait's affidavit ( a repetitive piece of crap) in which she claims the KIEMS (brace for it...) FAILED again to transmit the forms and they had to be taken to Nairobi. They took longer than the Returning officers from Central that Kivuitu was waiting for.

The point is the IEBC decided to disobey the Court of appeal ruling that decreed and made result transmission from the field mandatory. They set up a Bomas again and continued as if no court had disallowed that.

My Prediction and please take note of it: Jubilee will not allow the Supreme Court to make a judgement. There are the following options:

1. Bribe them
2. Intimidate
3. Sabotage

Njoki Ndungu has been working Justices Lenaola, Wanjala and Mohamed Ibrahim. She already controls Ojwang. Maraga is a shoo in but can not resist if the majority go in one direction. He is a rudderless man.

In the end the evidence is overwhelming. The NIS failed to sabotage the evidence and above all the IEBC screwed up by giving NASA what they should never have. They are in a quandary.

That means the judges will not go for 1 or 2 as it will be too obvious - and not because they are upright men.

That leaves 3. Uhuru will:

1. Kill three judges and ask Njoki to recuse herself
2. Engineer a scandal where the court will lack quorum

Either way I don't see the SCOK delivering a judgement if it is against Uthamaki.

Omollo, Kenya is a very special place.   Whereas medical mri scans can be sent from San Francisco to India in a  flash, we've somehow failed to send a scanned A4 sheet from nyando to bomas in nbo.   Reminds me of tharaka nithi RO that took days "walking back to centre.   

Lazy electoral thieves.
... [the ICC case] will be tried in Europe, where due procedure and expertise prevail.; ... Second-guessing Ocampo and fantasizing ..has obviously become a national pastime.- NattyDread

Offline Omollo

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Re: NASA Petition General
« Reply #58 on: August 26, 2017, 04:49:12 PM »

... [the ICC case] will be tried in Europe, where due procedure and expertise prevail.; ... Second-guessing Ocampo and fantasizing ..has obviously become a national pastime.- NattyDread

Offline RV Pundit

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Re: NASA Petition General
« Reply #59 on: August 26, 2017, 04:53:54 PM »
28 issues; Is this a petition ? or legal review of our entire election management?  I am no lawyer but the little law I know tells me a petition should be as this simple.  1) Whether elections were held in free, fair and credible manner in accordance with law  - with realization that IEBC as election expert have lots of leeway on the methods/means of doing that 2) Whether Uhuru was declared president-elect after meeting the constitutional requirements or not.

This petition is not well-pleaded and is just migunasque scattergun attack on IEBC that SCOK will not have time to review in 14 days.