Author Topic: Supreme Court of Kenya Presidential Petition Full Judgement  (Read 91245 times)

Offline Kadame7

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Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #140 on: September 20, 2017, 04:08:47 PM »
Lenaola was brilliant just before petition.

Doctor of laws means the man likes his books. Should have stayed at Uni punishing lazy students with long lectures and writing books.

Offline Kadame7

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Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #141 on: September 20, 2017, 04:12:02 PM »
On the bright side: Justice Ojwang has reunited with substance over procedure after a long separation. Praise God! :D

Offline Kichwa

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Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #142 on: September 20, 2017, 04:14:11 PM »
Doctorate of Law is usually not necessary in a court room, actually Ojwang is proving that  its an impediment. Although the US constitution does not require the SCOTUS justices to be lawyers, the practice has always been overwhelmingly to nominate career judges. They have stayed away from law professors and now I understand why. 

Ojwang credential cannot be impeached. His long tenure at UON law campus speak for itself. He remain one of the brilliant judges who cannot sway to tribal nonsense. He is only jjudge with doctor of law degree.
He is filibustering.  A loveable dinosaur.
"I have done my job and I will not change anything dead or a live" Malonza

Offline vooke

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Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #143 on: September 20, 2017, 04:15:02 PM »
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 RV Pundit

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Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #144 on: September 20, 2017, 04:15:24 PM »
Lenaola & Smokin are biggest let down for me. Magara and Mwilu don't have the depth.
Lenaola was brilliant just before petition.

Doctor of laws means the man likes his books. Should have stayed at Uni punishing lazy students with long lectures and writing books.

Offline Kadame7

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Offline Kim Jong-Un's Pajama Pants

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Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #146 on: September 20, 2017, 04:17:57 PM »
Lenaola was brilliant just before petition.

Doctor of laws means the man likes his books. Should have stayed at Uni punishing lazy students with long lectures and writing books.

Yep.  He should have summarized it.  Save the lectures for class.  His conservative argument is that the will of the people is what matters.  Screw the process.  Talks of counting ballots and what have you.  There is a school of people that still believes bits and bytes are not real things.

Mwilu is not as well spoken.  She makes up for it with a sharp mind and pragmatism.
"I freed a thousand slaves.  I could have freed a thousand more if only they knew they were slaves."

Harriet Tubman

Offline vooke

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Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #147 on: September 20, 2017, 04:19:41 PM »
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 Kadame7

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Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #148 on: September 20, 2017, 04:22:38 PM »
Lenaola was brilliant just before petition.

Doctor of laws means the man likes his books. Should have stayed at Uni punishing lazy students with long lectures and writing books.

Yep.  He should have summarized it.  Save the lectures for class.  His conservative argument is that the will of the people is what matters.  Screw the process.  Talks of counting ballots and what have you.  There is a school of people that still believes bits and bytes are not real things.

Mwilu is not as well spoken.  She makes up for it with a sharp mind and pragmatism.
Yes. She knows exactly what the bottom line is in any mass of arguments/debates: clean-slicing data. What matters is not the English. Just the reasoning.  :D

Offline Kadame7

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Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #149 on: September 20, 2017, 04:25:01 PM »
For sure. But he spent that long just to relay the cases and evidence of all parties orally...unnecessary. He should have surmarized the parties positioms and highlighted the specific evidences he found pertinent as he gave his arguments. Last 2 hours was unnecessary.

Offline RV Pundit

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Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #150 on: September 20, 2017, 04:27:42 PM »
This Ojwang guy is crazy. This is his PHD

Offline vooke

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Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #151 on: September 20, 2017, 04:28:09 PM »
Ojwang-
Proposes Everything must revolve around ballot boxes
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 Kadame7

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Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #152 on: September 20, 2017, 04:32:47 PM »
Ojwang-
Proposes Everything must revolve around ballot boxes
Yep! What I'm getting. Verification, transmission, etc dont amount to much. IEBC can just ignore them and all relevant laws.

 In all fairness to IEBC, its this exact attitude by this court in 2013 giving them a blank check that probably made them so lax in discharging their duties this time around.

Offline Kadame7

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Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #153 on: September 20, 2017, 04:35:59 PM »
This Ojwang guy is crazy. This is his PHD

French and Greek PhD theses are typically that big. Not British based universities though. That size is indeed strange. Most UK/commonwealth would require about 100,000 words or a few hundred pages. Is Ojwang a Ph D or Doctor of Laws? In common law those two tend to be very different. Doctor of laws often dont present theses for defending. Its usually a distinguished body of work done over a life time/lengthy period.

Offline vooke

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Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #154 on: September 20, 2017, 04:42:28 PM »
Ojwang
Majority have made a precarious move...

A clear departure from the state of evidence

There should have been a recount

Burden of proof was undischarged

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 Kichwa

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Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #155 on: September 20, 2017, 04:44:36 PM »
This case did not require a lot of depth. It just required someone to honestly and competently apply the law to the facts. The petitioners proved that the elections did not meet the requirements of a valid elections as described in the constitutions, the enabling statutes and regulations.  IEBC needs to clean its house and try again. I do not  know if they can do that within 60 days because IEBC is a swamp and needs to be drained. This court may have saved the trajectory of sham elections that Ruto and Ouru wanted to take this country.  We now know how elections are stolen and how to monitor these thieves.  All we need now is a prosecution for violation of election laws so that we can stop the impunity part of it.

This time NASA is very ready for them. They must follow the law or we will be back in court again and this court has made it clear that they will not be intimidated by ourutu and their goons.

Lenaola & Smokin is biggest let down for me. Magara and Mwilu don't have the depth.
Lenaola was brilliant just before petition.

Doctor of laws means the man likes his books. Should have stayed at Uni punishing lazy students with long lectures and writing books.
"I have done my job and I will not change anything dead or a live" Malonza

Offline vooke

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Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #156 on: September 20, 2017, 04:45:56 PM »
Ojwang-
Proposes Everything must revolve around ballot boxes
Yep! What I'm getting. Verification, transmission, etc dont amount to much. IEBC can just ignore them and all relevant laws.

 In all fairness to IEBC, its this exact attitude by this court in 2013 giving them a blank check that probably made them so lax in discharging their duties this time around.

He says it is the starting point.
Integrity of elections should start with the ballot and then move to processes.
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 bryan275

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Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #157 on: September 20, 2017, 04:46:05 PM »
Ojwang-
Proposes Everything must revolve around ballot boxes
Yep! What I'm getting. Verification, transmission, etc dont amount to much. IEBC can just ignore them and all relevant laws.

 In all fairness to IEBC, its this exact attitude by this court in 2013 giving them a blank check that probably made them so lax in discharging their duties.

I think minimising the underlying reasons why we are all hang up on transmission is ignoring the fact that all these systems were designed to completely eliminate the movement of ballot boxes until after the count.  For good reason too, considering that:

1) ballots multiplied enroute

2) ballots went missing enroute

and in this instance the disapearing forms 34s..

We have a culture of rigging our elections at different points of the process.

This is basic stuff.

Offline Kadame7

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Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #158 on: September 20, 2017, 04:46:33 PM »
Ojwang
Majority have made a precarious move...

A clear departure from the state of evidence

There should have been a recount

Burden of proof was undischarged
But he doesnt say why that evidence was wanting. These are unsurported assertions. The courts own scrutiny revealed problems affecting millions but doesnt say why that is not significant to affect the outcome. He is talking of generalities while he is busy making them. This is intended to tickle non-lawyers and perhaps be part of academic debates. It is surely not intended for lawyers.

Offline bryan275

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Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #159 on: September 20, 2017, 04:47:08 PM »
Ojwang-
Proposes Everything must revolve around ballot boxes
Yep! What I'm getting. Verification, transmission, etc dont amount to much. IEBC can just ignore them and all relevant laws.

 In all fairness to IEBC, its this exact attitude by this court in 2013 giving them a blank check that probably made them so lax in discharging their duties this time around.

He says it is the starting point.
Integrity of elections should start with the ballot and then move to processes.

That's true, but also must be taken in its entirety.  If any part of the sequence is compromised, then the whole process is damaged.