NIS vs SCOK & NASWA

[Kim Jong-Un's Pajama Pants]

The petition has been filled at JSC and acknowledged as received. Best wait for SCOK judges names or JSC to respond to it. Definitely they have given names, places, numbers and people involved. My expectation is that JSC will ask for response from judges and if they are not satisfied - will ask PORK to form a tribunal. Anything less than that would mean that our judiciary is no good - and need to go.

The thing has just been released.  I wouldn't rush to that conclusion just yet.  I am betting it's just Itumbi crap and will be drowned out by the full ruling.  The judges in question were recently promoted to SCOK.  That says something about their integrity.  If they are to mess around, more likely they would go with the moneyed thugs in power.

Who gave them the numbers, time, place?  Without a court order can the provider give them this information?  That is why I am not sold on it.

[RV Pundit]

l am not celebrating yet. I disagree with scok rulling and for me this is now smoke. Let wait for the fire.

Pundit, you are celebrating although nothing has been proven. Those are mere allegations.

[RV Pundit]

NIS don't need a court order to tap your phone. If NIS then handed this evidence to me - and I file a petition that is it.I can always I got this from anonymous sources or on alternatively can reveal the source (NIS guy) in camera. There is prima facia evidence then to ask order for safaricom to provide logs. This petition that will heard by JSC and SCOK - it's not a criminal proceeding - so the standard here is very low - and nearly everything is admissible.

I don't think any admissibility of this evidence will matter in tribunal - Baraza was fired for pinching someone nose.

The issues is whether this indeed happened - so Safaricom logs, CCTV cameras on the buildings and such evidence will be required.

Who gave them the numbers, time, place?  Without a court order can the provider to give them this information?  That is why I am not sold on it.

[Kim Jong-Un's Pajama Pants]

NIS don't need a court order to tap your phone. If NIS then handed this evidence to me - and I file a petition that is it.I can always I got this from anonymous sources or on alternatively can reveal the source (NIS guy) in camera. There is prima facia evidence then to ask order for safaricom to provide logs. This petition that will heard by JSC and SCOK - it's not a criminal proceeding - so the standard here is very low - and nearly everything is admissible.

I don't think any admissibility of this evidence will matter in tribunal - Baraza was fired for pinching someone nose.

The issues is whether this indeed happened - so Safaricom logs, CCTV cameras on the buildings and such evidence will be required.

Who gave them the numbers, time, place?  Without a court order can the provider to give them this information?  That is why I am not sold on it.

Because even Nollywood would trash that story, JSC should send it straight to the bin without apologies.  It's obviously fake.

[Kadame7]

Pundit, how is this prima facie evidence? They are allegations.

[vooke]

Because even Nollywood would trash that story, JSC should send it straight to the bin without apologies.

I almost shared this view until Pundito reminded me this is not a court but sort of an inquiry.
But then again, whistleblowers' evidence is largely illegally obtained. Should JSC permit procedural and legal technicalities get in their way of serving the country?

[RV Pundit]

Right - serious allegation - if the guy backs it up with call logs - then it become prima-facia evidence.

Pundit, how is this prima facie evidence? They are allegations.

[Kim Jong-Un's Pajama Pants]

Because even Nollywood would trash that story, JSC should send it straight to the bin without apologies.

I almost shared this view until Pundito reminded me this is not a court but sort of an inquiry.
But then again, whistleblowers' evidence is largely illegally obtained. Should JSC permit procedural and legal technicalities get in their way of serving the country?

JSC should do their job.  It doesn't mean they have to entertain everything that any busybody throws their way because there might be something.  Sure they should look it over before dismissing it for what it is.  An attempt at intimidation of judges for doing their work.  It is speculative theorizing.

[RV Pundit]

Ngujuri petition was speculative theorizing. This isn't. This guy has provided detailed meetings, calls with places and name. I don't know what else you imagine a petition should have? a North Korea Nuke head?

JSC should do their job.  It doesn't mean they have to entertain everything that any busybody throws their way because there might be something.  Sure they should look it over before dismissing it for what it is.  An attempt at intimidation of judges for doing their work.  It is speculative theorizing.

[Kadame7]

Ngujuri petition was speculative theorizing. This isn't. This guy has provided detailed meetings, calls with places and name. I don't know what else you imagine a petition should have? a North Korea Nuke head?

JSC should do their job.  It doesn't mean they have to entertain everything that any busybody throws their way because there might be something.  Sure they should look it over before dismissing it for what it is.  An attempt at intimidation of judges for doing their work.  It is speculative theorizing.

Sawa, let us see the eftense. I'm gonna look at the laws on ethics re judicial officers and see the sanctions provided for the improper communications alleged. In any case, I know even you know the judges would be idiots to be corrupt on behalf of a losing, poorer side out of power. This is punishment for daring to defy the ruling mafioso.

[vooke]

Because even Nollywood would trash that story, JSC should send it straight to the bin without apologies.

I almost shared this view until Pundito reminded me this is not a court but sort of an inquiry.
But then again, whistleblowers' evidence is largely illegally obtained. Should JSC permit procedural and legal technicalities get in their way of serving the country?

JSC should do their job.  It doesn't mean they have to entertain everything that any busybody throws their way because there might be something.  Sure they should look it over before dismissing it for what it is.  An attempt at intimidation of judges for doing their work.  It is speculative theorizing.

What part makes it 'speculative theorizing'?

[Kadame7]

Because even Nollywood would trash that story, JSC should send it straight to the bin without apologies.

I almost shared this view until Pundito reminded me this is not a court but sort of an inquiry.
But then again, whistleblowers' evidence is largely illegally obtained. Should JSC permit procedural and legal technicalities get in their way of serving the country?

JSC should do their job.  It doesn't mean they have to entertain everything that any busybody throws their way because there might be something.  Sure they should look it over before dismissing it for what it is.  An attempt at intimidation of judges for doing their work.  It is speculative theorizing.

What part makes it 'speculative theorizing'?

I think the part that concerns evidence? Windy is entitled to see this as speculative theorizing until we see eftense.

[vooke]

Ngujuri petition was speculative theorizing. This isn't. This guy has provided detailed meetings, calls with places and name. I don't know what else you imagine a petition should have? a North Korea Nuke head?

JSC should do their job.  It doesn't mean they have to entertain everything that any busybody throws their way because there might be something.  Sure they should look it over before dismissing it for what it is.  An attempt at intimidation of judges for doing their work.  It is speculative theorizing.

Sawa, let us see the eftense. I'm gonna look at the laws on ethics re judicial officers and see the sanctions provided for the improper communications alleged. In any case, I know even you know the judges would be idiots to be corrupt on behalf of a losing, poorer side out of powerr. This is punishment for daring to defy the ruling mafioso.

You are making assumptions that they can only be bought/corrupted by money

[Kadame7]

vooke, is there a sworn affidavit for each petition? I didn't see that in your links.

[vooke]

vooke, is there a sworn affidavit for each petition? I didn't see that in your links.

That's all I have

[Kadame7]

vooke, is there a sworn affidavit for each petition? I didn't see that in your links.

That's all I have

Let us know if you find them. In the absence of any, I'm gonna go beyond Windy's speculative theorizing and call it malicious witch-hunting. They'd better provide more than accusations on a piece of paper to justify the actions they are seeking. Indeed I heard a few days ago on a talk show of a plot in parliament to create false charges, not to remove these judges, but to smear them for future purposes.

[Kadame7]

Ngujuri petition was speculative theorizing. This isn't. This guy has provided detailed meetings, calls with places and name. I don't know what else you imagine a petition should have? a North Korea Nuke head?

JSC should do their job.  It doesn't mean they have to entertain everything that any busybody throws their way because there might be something.  Sure they should look it over before dismissing it for what it is.  An attempt at intimidation of judges for doing their work.  It is speculative theorizing.

You can create false charges with details. There should be testimony of those people who saw these meetings somewhere, no?

Ngujuri petition was speculative theorizing. This isn't. This guy has provided detailed meetings, calls with places and name. I don't know what else you imagine a petition should have? a North Korea Nuke head?

JSC should do their job.  It doesn't mean they have to entertain everything that any busybody throws their way because there might be something.  Sure they should look it over before dismissing it for what it is.  An attempt at intimidation of judges for doing their work.  It is speculative theorizing.

Sawa, let us see the eftense. I'm gonna look at the laws on ethics re judicial officers and see the sanctions provided for the improper communications alleged. In any case, I know even you know the judges would be idiots to be corrupt on behalf of a losing, poorer side out of powerr. This is punishment for daring to defy the ruling mafioso.

You are making assumptions that they can only be bought/corrupted by money

I'm making an assumption that they would not be willing to risk being on the receiving end of an angry govt for doing something wrong. It's a rebuttable presumption in favour of sense.

[RV Pundit]

It simple. We should ask the guy to provide evidences - call logs/ anybody who saw the judge meet with those people/video camera from CCTV/ number plate tracking/ cell phone data putting the said person in the same place. I mean if he didn't providedto JSC already. JSC can get back to him and proactively seek his evidence just like in Justice Tunoi case.

I am also suspicious about how judges could be that reckless knowing they were being watched...but like I always do..TIME is all we need...we wait for some few weeks and we will know if the guy is bluffing or not.

kademe wrote - 

[vooke]

vooke, is there a sworn affidavit for each petition? I didn't see that in your links.

That's all I have

Let us know if you find them. In the absence of any, I'm gonna go beyond Windy's speculative theorizing and call it malicious witch-hunting. They'd better provide more than accusations on a piece of paper to justify the actions they are seeking. Indeed I heard a few days ago on a talk show of a plot in parliament to create false charges, not to remove these judges, but to smear them for future purposes.

As I said, I hope the respective tribes will not mimic Kisii in defending their own forcing the petitioner(s)  who are probably Jubilee given the NIS grade details, to back off. That way,whether you sight the affidavit,annexures bla de bla or not,JSC will get a chance to interrogate this.

In my world, unsubstantiated claims on a petition makes the judges heroes and legends as opposed to 'smear them for future purpose' because they will be disproved and the integrity,IQ and intent of the petitioner will be the focus as opposed to the judges.

[bryan275]

I'm taking the Jubilee stance on these matters.... "This is a very weak case".  "Where's the evidence?"