Author Topic: Supreme Court of Kenya Presidential Petition Full Judgement  (Read 91229 times)

Offline MOON Ki

  • Moderator
  • Enigma
  • *
  • Posts: 2667
  • Reputation: 5780
Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #300 on: September 21, 2017, 12:10:49 AM »
Despite the clarity of what they need to do, IEBC are going to defy the  law and carry out a sham election.  If there is something predictable about the Kenyan, it's his addiction to lawlessness.  They will be quoting Njoki as they go about it.  Hopefully the other actors have taken something away from this ruling that they can use in lower courts to force change in IEBC.

I think they are hoping that by the time of elections, they would have put the 4 justices in a bad spot with threats, intimidation, sham investigations etc and they wont be in a position to participate the petition.

Yep.   That's it.    And it's not just Kenya, by the way; much of The Beloved Continent seems to have the same difficulty.   Contrary to popular myth, it's not bad luck, or bad weather, of fickle gods ... that explains our woes.

On the matter at hand: some of the commentaries here are bizarre.   I can't tell whether it's because the writers don't really understand what the SC case was really all about, or whether they are simply into misguided mischief, or ... Whatever mission they are on, I know better than to try and point out facts and reality ... What I have to say can be summarized in one sentence: if the process is so f**ked up that one can't make sense of the numbers, then, for all practical purposes, the elections were not valid.

Moving along ...

I have been truly astonished by the mindless attacks on the judiciary, started and led by Uhuru, who should be at the forefront of urging respect for the judiciary, even when they rule against him, and then taken by by everyone keen to suck his <redacted>: Once Uhuru blew the horn, all sorts of scurrilous types emerged from the woodwork, all trying to outdo each other in sucking up to the Uhuru and Ruto ... complete with all sorts of nonsensical applications, affidavits and what not ... badly done crap (forgeries included) that, surprisingly, seems to as "truth until proven otherwise".

Let me go back and replace the "astonished" above with "truly horrified".   If that seems excessive, my explanation is as follows.     Countries that find themselves in dire straits don't just suddenly wake up one day and find themselves there.   If one looks carefully at the history, one will find that one of the chief reasons is a "small-small" erosion of real respect for the law, and it is sometimes worthwhile to reflect on why people have in the first place developed legal systems.   In Kenya, we continuously had small-small "erosion" under Johnstone Kamau, subsequently accelerated by Daniel Arap Moi.   We know how that turned out.   Even the 2007-2008 PEV was not a "sudden eruption", if one considers what had preceded it.

The wild attacks on the judiciary reflect a serious failure to think on a long-term basis.  Low-level, manamba types may be excused for not being able to think, but there are quite a few others who should know better.   

Regardless of who "wins" in the October elections, I see Kenya entering a period of "New Lawlessness" that, depending on who is declared president, will involve one of: (a) the legislature against what is good for the country, or (b) the legislature and the executive against what is good for the country.    In either case, there are just three things to watch out for: sucking-up, power and eating.   On the present path, it's guaranteed to end in tears for most Kenyans; the only issue will be how long it takes.    History.

I have mostly been an "active" contributor to nipate.org, but probably won't be anymore---except on things like the music thread and athletics.   Contrary to what I previously thought, all other discussions (politics, law, economics, ...) are good for entertainment and not much else---certainly not the hoped-for goal of having a better understanding of how we can improve things in Kenya.    The sheer stupidity, venality, mindless tribal hatred, ... that are currently on display all over the country (and partially reflected here) have shaken me out of my reverie.

Chief Justice Maraga:   A genuine and 100% surprise.   Expected by many to be a toe-the-line sucker-up---and I was among those who mocked his return to the "bird's nest", as a symbol of retrograde thinking----he has proved "wrong" many of those who were on either side of his appointment.    One hopes that his refusal to be cowed or bought will inspire the lower legions.
MOON Ki  is  Muli Otieno Otiende Njoroge arap Kiprotich
Your True Friend, Brother,  and  Compatriot.

Offline Nefertiti

  • Moderator
  • Enigma
  • *
  • Posts: 11254
  • Reputation: 26106
  • Shoo Be Doo Be Doo Oop
Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #301 on: September 21, 2017, 12:12:11 AM »
Njoki is now a confirmed bimbo. Lenaola is suddenly not brilliant. Kweli democracy has a long way to go in Zamunda :D

Personally Mwilu is my shero in the judiciary.
In all honesty, though, why did she start shouting? I wanted to go back and listen to her personal scrutiny comments in context for myself but I couldn't get past 10 minutes. I listened to her for quite a while before I tuned out earlier today and I didn't realize then she had been shouting. I think she started towards the end. It doesn't help my esteem for her that she is said to have made incredible claims about counter-checking the work tens of people did for days in that short period of time either. Hopefully, I'll find it in the written judgment. My hunch is that Njoki was under lots of pressure to impress Jubilee masses with rhetoric.

Yes she shouted for quite some time... :( I think she has emotional issues. Also she was quite condescending lecturing the majority - even with gestures! They are all her seniors. However that - style, temperament - does not bias me against her. I certainly don't believe unproven claims about any of the judges acting at the behest of the camps. I am going through her details to evaluate her rationales.


Her behaviour was not surprising at all.  This is the same contempt that the GEMA wing of jubilee has approached our SCoK with as well as the general NASA population and specifically our Lakeside brothers and sisters.

Njoki besmirched the peoples' bench today when she read that pre-prepared political speech disguised as a bona-fide judgment of a supreme court judge.

It's a shame.

I had issues with Njoki's elevation to a justice particularly due to her past political activity. She was Safina nominated MP I think. 2002-2007. Basically her political leaning is public which should not be the case. Also her radical feminism. The rest of the criticism is simply driven by her dissenting opinion and her tribe. Just like Maraga and Lenaola are now hero or villain in the different camps.
♫♫ They say all good boys go to heaven... but bad boys bring heaven to you ~ song by Julia Michaels

Offline Kadame7

  • Enigma
  • *
  • Posts: 541
  • Reputation: 14509
Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #302 on: September 21, 2017, 12:13:00 AM »
Does this happen in the US? praise and scorn - caricature - of the SCOTUS justices.
In fairness to SCOTUS, whichever side they fall on, they don't say stupid s***. :D That Githu interpretation from 2013 would have never seen the light of day. Dont get me started on British courts..... I think the problem is when courts do things you don't just consider "wrong" but dumb. Makes you think they must be corrupt.

Ahem, what get's your back up about English and Welsh Courts?  and yes, they are separated out as the Scots have their own legal process...while the English and welsh manage theirs in tandem.
I wasn't talking about all those. Just the unmatched House of Lords and the Judicial Committee of the Privy Council. The latter was the "Supreme Court" for the entire British empire that covered nearly a quarter of the world and was for the longest time the most important court in the world. The House of Lords was the "Supreme Court" for the UK..the only part of the "empire" that was outside the jurisdiction of the Privy Council.

Offline Kadame7

  • Enigma
  • *
  • Posts: 541
  • Reputation: 14509
Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #303 on: September 21, 2017, 12:16:50 AM »
Njoki is now a confirmed bimbo. Lenaola is suddenly not brilliant. Kweli democracy has a long way to go in Zamunda :D

Personally Mwilu is my shero in the judiciary.
In all honesty, though, why did she start shouting? I wanted to go back and listen to her personal scrutiny comments in context for myself but I couldn't get past 10 minutes. I listened to her for quite a while before I tuned out earlier today and I didn't realize then she had been shouting. I think she started towards the end. It doesn't help my esteem for her that she is said to have made incredible claims about counter-checking the work tens of people did for days in that short period of time either. Hopefully, I'll find it in the written judgment. My hunch is that Njoki was under lots of pressure to impress Jubilee masses with rhetoric.

Yes she shouted for quite some time... :( I think she has emotional issues. Also she was quite condescending lecturing the majority - even with gestures! They are all her seniors. However that - style, temperament - does not bias me against her. I certainly don't believe unproven claims about any of the judges acting at the behest of the camps. I am going through her details to evaluate her rationales.


Her behaviour was not surprising at all.  This is the same contempt that the GEMA wing of jubilee has approached our SCoK with as well as the general NASA population and specifically our Lakeside brothers and sisters.

Njoki besmirched the peoples' bench today when she read that pre-prepared political speech disguised as a bona-fide judgment of a supreme court judge.

It's a shame.

I had issues with Njoki's elevation to a justice particularly due to her past political activity. She was Safina nominated MP I think. 2002-2007. Basically her political leaning is public which should not be the case. Also her radical feminism. The rest of the criticism is simply driven by her dissenting opinion and her tribe. Just like Maraga and Lenaola are now hero or villain in the different camps.
That's not true. My contention since they created the SCOK was that these fresh judges should start at the High Court not the SCOK. And Njoki, me I'm criticizing her for very specific things: her personal scrutiny and the treatise she has given u in 440 pages and a really unpleasantly long reading.

Offline bryan275

  • Moderator
  • Enigma
  • *
  • Posts: 1419
  • Reputation: 2581
Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #304 on: September 21, 2017, 12:18:31 AM »
Does this happen in the US? praise and scorn - caricature - of the SCOTUS justices.
In fairness to SCOTUS, whichever side they fall on, they don't say stupid s***. :D That Githu interpretation from 2013 would have never seen the light of day. Dont get me started on British courts..... I think the problem is when courts do things you don't just consider "wrong" but dumb. Makes you think they must be corrupt.

Ahem, what get's your back up about English and Welsh Courts?  and yes, they are separated out as the Scots have their own legal process...while the English and welsh manage theirs in tandem.
I wasn't talking about all those. Just the unmatched House of Lords and the Judicial Committee of the Privy Council. The latter was the "Supreme Court" for the entire British empire that covered nearly a quarter of the world and was for the longest time the most important court in the world. The House of Lords was the "Supreme Court" for the UK..the only part of the "empire" that was outside the jurisdiction of the Privy Council.


I see how the Privy council was an abnormality.. it still exists by the way.  Although these days the UK does have a "real" supreme court with The European Court of Justice and European Court of Human Rights being the highest courts in the EU.  These are the biggest thorns in the Brexit side.   

Offline Kadame7

  • Enigma
  • *
  • Posts: 541
  • Reputation: 14509
Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #305 on: September 21, 2017, 12:25:39 AM »
Does this happen in the US? praise and scorn - caricature - of the SCOTUS justices.
In fairness to SCOTUS, whichever side they fall on, they don't say stupid s***. :D That Githu interpretation from 2013 would have never seen the light of day. Dont get me started on British courts..... I think the problem is when courts do things you don't just consider "wrong" but dumb. Makes you think they must be corrupt.

Ahem, what get's your back up about English and Welsh Courts?  and yes, they are separated out as the Scots have their own legal process...while the English and welsh manage theirs in tandem.
I wasn't talking about all those. Just the unmatched House of Lords and the Judicial Committee of the Privy Council. The latter was the "Supreme Court" for the entire British empire that covered nearly a quarter of the world and was for the longest time the most important court in the world. The House of Lords was the "Supreme Court" for the UK..the only part of the "empire" that was outside the jurisdiction of the Privy Council.


I see how the Privy council was an abnormality.. it still exists by the way.  Although these days the UK does have a "real" supreme court with The European Court of Justice and European Court of Human Rights being the highest courts in the EU.  These are the biggest thorns in the Brexit side.
The House of Lords has always been a real supreme court, it just got officially permanently separated from the parliamentary house of Lords when it became the SCUK, but it has always been that. The Privy Council is the last appelate court for some British territories and a few ex-colonies in the Carribean. but it used to be yuuuge. It was an inspiration to the design of the PCIJ/ICJ (the "world court"/the court of the UN). Yes, I know about the European courts (kind of my field :)) Privy Council was a great court, if only it wasn't so associated with colonialism.

Offline Nefertiti

  • Moderator
  • Enigma
  • *
  • Posts: 11254
  • Reputation: 26106
  • Shoo Be Doo Be Doo Oop
Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #306 on: September 21, 2017, 12:27:15 AM »
Njoki is now a confirmed bimbo. Lenaola is suddenly not brilliant. Kweli democracy has a long way to go in Zamunda :D

Personally Mwilu is my shero in the judiciary.
In all honesty, though, why did she start shouting? I wanted to go back and listen to her personal scrutiny comments in context for myself but I couldn't get past 10 minutes. I listened to her for quite a while before I tuned out earlier today and I didn't realize then she had been shouting. I think she started towards the end. It doesn't help my esteem for her that she is said to have made incredible claims about counter-checking the work tens of people did for days in that short period of time either. Hopefully, I'll find it in the written judgment. My hunch is that Njoki was under lots of pressure to impress Jubilee masses with rhetoric.

Yes she shouted for quite some time... :( I think she has emotional issues. Also she was quite condescending lecturing the majority - even with gestures! They are all her seniors. However that - style, temperament - does not bias me against her. I certainly don't believe unproven claims about any of the judges acting at the behest of the camps. I am going through her details to evaluate her rationales.


Her behaviour was not surprising at all.  This is the same contempt that the GEMA wing of jubilee has approached our SCoK with as well as the general NASA population and specifically our Lakeside brothers and sisters.

Njoki besmirched the peoples' bench today when she read that pre-prepared political speech disguised as a bona-fide judgment of a supreme court judge.

It's a shame.

I had issues with Njoki's elevation to a justice particularly due to her past political activity. She was Safina nominated MP I think. 2002-2007. Basically her political leaning is public which should not be the case. Also her radical feminism. The rest of the criticism is simply driven by her dissenting opinion and her tribe. Just like Maraga and Lenaola are now hero or villain in the different camps.
That's not true. My contention since they created the SCOK was that these fresh judges should start at the High Court not the SCOK. And Njoki, me I'm criticizing her for very specific things: her personal scrutiny and the treatise she has given u in 440 pages and a really unpleasantly long reading.

Basically your critique if of style and cosmetics - not the substance. Not just you: Pundit told us Lenaola is a super-brilliant Sabaot with unquestionable integrity... but now he must be probed for corruption :D
♫♫ They say all good boys go to heaven... but bad boys bring heaven to you ~ song by Julia Michaels

Offline Kadame7

  • Enigma
  • *
  • Posts: 541
  • Reputation: 14509
Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #307 on: September 21, 2017, 12:32:47 AM »

Basically your critique if of style and cosmetics - not the substance. Not just you: Pundit told us Lenaola is a super-brilliant Sabaot with unquestionable integrity... but now he must be probed for corruption :D
But the scrutiny deal is plain idiotic and I gave my MANY reasons why I think so. Ignoring that to replace it with a simplistic and false motive itself shows you are yourself projecting your own biases here: basically, assuming that if you disagree, the other side's point is based on cosmetics. I like it when people engage my points and dont try to replace them with what they think they know about my motives.

Offline Nefertiti

  • Moderator
  • Enigma
  • *
  • Posts: 11254
  • Reputation: 26106
  • Shoo Be Doo Be Doo Oop
Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #308 on: September 21, 2017, 12:39:05 AM »

Basically your critique if of style and cosmetics - not the substance. Not just you: Pundit told us Lenaola is a super-brilliant Sabaot with unquestionable integrity... but now he must be probed for corruption :D
But the scrutiny deal is plain idiotic and I gave my MANY reasons why I think so. Ignoring that to replace it with a simplistic and false motive itself shows you are yourself projecting your own biases here: basically, assuming that if you disagree, the other side's point is based on cosmetics. I like it when people engage my points and dont try to replace them with what they think they know about my motives.

I am reading... soon to disprove your MANY points.
♫♫ They say all good boys go to heaven... but bad boys bring heaven to you ~ song by Julia Michaels

Offline Kim Jong-Un's Pajama Pants

  • Moderator
  • Enigma
  • *
  • Posts: 8778
  • Reputation: 106254
  • An oryctolagus cuniculus is feeding on my couch
Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #309 on: September 21, 2017, 12:39:40 AM »
Despite the clarity of what they need to do, IEBC are going to defy the  law and carry out a sham election.  If there is something predictable about the Kenyan, it's his addiction to lawlessness.  They will be quoting Njoki as they go about it.  Hopefully the other actors have taken something away from this ruling that they can use in lower courts to force change in IEBC.

I think they are hoping that by the time of elections, they would have put the 4 justices in a bad spot with threats, intimidation, sham investigations etc and they wont be in a position to participate the petition.

Yep.   That's it.    And it's not just Kenya, by the way; much of The Beloved Continent seems to have the same difficulty.   Contrary to popular myth, it's not bad luck, or bad weather, of fickle gods ... that explains our woes.

On the matter at hand: some of the commentaries here are bizarre.   I can't tell whether it's because the writers don't really understand what the SC case was really all about, or whether they are simply into misguided mischief, or ... Whatever mission they are on, I know better than to try and point out facts and reality ... What I have to say can be summarized in one sentence: if the process is so f**ked up that one can't make sense of the numbers, then, for all practical purposes, the elections were not valid.

Moving along ...

I have been truly astonished by the mindless attacks on the judiciary, started and led by Uhuru, who should be at the forefront of urging respect for the judiciary, even when they rule against him, and then taken by by everyone keen to suck his <redacted>: Once Uhuru blew the horn, all sorts of scurrilous types emerged from the woodwork, all trying to outdo each other in sucking up to the Uhuru and Ruto ... complete with all sorts of nonsensical applications, affidavits and what not ... badly done crap (forgeries included) that, surprisingly, seems to as "truth until proven otherwise".

Let me go back and replace the "astonished" above with "truly horrified".   If that seems excessive, my explanation is as follows.     Countries that find themselves in dire straits don't just suddenly wake up one day and find themselves there.   If one looks carefully at the history, one will find that one of the chief reasons is a "small-small" erosion of real respect for the law, and it is sometimes worthwhile to reflect on why people have in the first place developed legal systems.   In Kenya, we continuously had small-small "erosion" under Johnstone Kamau, subsequently accelerated by Daniel Arap Moi.   We know how that turned out.   Even the 2007-2008 PEV was not a "sudden eruption", if one considers what had preceded it.

The wild attacks on the judiciary reflect a serious failure to think on a long-term basis.  Low-level, manamba types may be excused for not being able to think, but there are quite a few others who should know better.   

Regardless of who "wins" in the October elections, I see Kenya entering a period of "New Lawlessness" that, depending on who is declared president, will involve one of: (a) the legislature against what is good for the country, or (b) the legislature and the executive against what is good for the country.    In either case, there are just three things to watch out for: sucking-up, power and eating.   On the present path, it's guaranteed to end in tears for most Kenyans; the only issue will be how long it takes.    History.

I have mostly been an "active" contributor to nipate.org, but probably won't be anymore---except on things like the music thread and athletics.   Contrary to what I previously thought, all other discussions (politics, law, economics, ...) are good for entertainment and not much else---certainly not the hoped-for goal of having a better understanding of how we can improve things in Kenya.    The sheer stupidity, venality, tribalism, ... have shaken me out of my reverie.

Chief Justice Maraga:   A genuine and 100% surprise.   Expected by many to be a toe-the-line sucker-up---and I was among those who mocked his return to the "bird's nest", as a symbol of retrograde thinking----he has proved "wrong" many of those who were on either side of his appointment.    One hopes that his refusal to be cowed or bought will inspire the lower legions.

Yeah.  The Kenyan is possibly the most hopelessly tribal African.  Tribe tells him when it is okay for someone to loot billions borrowed in his name, saddling him and his grand-kids with the debt, all while he continues to cheer the thief to greater heights.  And this shit is defended, even on national TV, with fairly serious sounding talk.  It's pathetic.

With Maraga, the irony is these guys will likely push him out in favor of Ojwang and Njoki, if his independence does not catch on fast in institutions like JSC(likely the next tool in their arsenal).  The cover of legalism, while doing illegal things, has been one of the secrets to their longevity in Kenya.  They are not about to lose it and be exposed.
"I freed a thousand slaves.  I could have freed a thousand more if only they knew they were slaves."

Harriet Tubman

Offline Kadame7

  • Enigma
  • *
  • Posts: 541
  • Reputation: 14509
Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #310 on: September 21, 2017, 12:41:04 AM »

Basically your critique if of style and cosmetics - not the substance. Not just you: Pundit told us Lenaola is a super-brilliant Sabaot with unquestionable integrity... but now he must be probed for corruption :D
But the scrutiny deal is plain idiotic and I gave my MANY reasons why I think so. Ignoring that to replace it with a simplistic and false motive itself shows you are yourself projecting your own biases here: basically, assuming that if you disagree, the other side's point is based on cosmetics. I like it when people engage my points and dont try to replace them with what they think they know about my motives.
I am reading... soon to disprove your MANY points.
You are most welcome to, have a ball! :D Just don't tell me my motives please.

Offline Kadame7

  • Enigma
  • *
  • Posts: 541
  • Reputation: 14509
Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #311 on: September 21, 2017, 12:44:39 AM »
Yep.   That's it.    And it's not just Kenya, by the way; much of The Beloved Continent seems to have the same difficulty.   Contrary to popular myth, it's not bad luck, or bad weather, of fickle gods ... that explains our woes.

On the matter at hand: some of the commentaries here are bizarre.   I can't tell whether it's because the writers don't really understand what the SC case was really all about, or whether they are simply into misguided mischief, or ... Whatever mission they are on, I know better than to try and point out facts and reality ... What I have to say can be summarized in one sentence: if the process is so f**ked up that one can't make sense of the numbers, then, for all practical purposes, the elections were not valid.

Moving along ...

I have been truly astonished by the mindless attacks on the judiciary, started and led by Uhuru, who should be at the forefront of urging respect for the judiciary, even when they rule against him, and then taken by by everyone keen to suck his <redacted>: Once Uhuru blew the horn, all sorts of scurrilous types emerged from the woodwork, all trying to outdo each other in sucking up to the Uhuru and Ruto ... complete with all sorts of nonsensical applications, affidavits and what not ... badly done crap (forgeries included) that, surprisingly, seems to as "truth until proven otherwise".

Let me go back and replace the "astonished" above with "truly horrified".   If that seems excessive, my explanation is as follows.     Countries that find themselves in dire straits don't just suddenly wake up one day and find themselves there.   If one looks carefully at the history, one will find that one of the chief reasons is a "small-small" erosion of real respect for the law, and it is sometimes worthwhile to reflect on why people have in the first place developed legal systems.   In Kenya, we continuously had small-small "erosion" under Johnstone Kamau, subsequently accelerated by Daniel Arap Moi.   We know how that turned out.   Even the 2007-2008 PEV was not a "sudden eruption", if one considers what had preceded it.

The wild attacks on the judiciary reflect a serious failure to think on a long-term basis.  Low-level, manamba types may be excused for not being able to think, but there are quite a few others who should know better.   

Regardless of who "wins" in the October elections, I see Kenya entering a period of "New Lawlessness" that, depending on who is declared president, will involve one of: (a) the legislature against what is good for the country, or (b) the legislature and the executive against what is good for the country.    In either case, there are just three things to watch out for: sucking-up, power and eating.   On the present path, it's guaranteed to end in tears for most Kenyans; the only issue will be how long it takes.    History.

I have mostly been an "active" contributor to nipate.org, but probably won't be anymore---except on things like the music thread and athletics.   Contrary to what I previously thought, all other discussions (politics, law, economics, ...) are good for entertainment and not much else---certainly not the hoped-for goal of having a better understanding of how we can improve things in Kenya.    The sheer stupidity, venality, tribalism, ... have shaken me out of my reverie.

Chief Justice Maraga:   A genuine and 100% surprise.   Expected by many to be a toe-the-line sucker-up---and I was among those who mocked his return to the "bird's nest", as a symbol of retrograde thinking----he has proved "wrong" many of those who were on either side of his appointment.    One hopes that his refusal to be cowed or bought will inspire the lower legions.

Yeah.  The Kenyan is possibly the most hopelessly tribal African.  Tribe tells him when it is okay for someone to loot billions borrowed in his name, saddling him and his grand-kids with the debt, all while he continues to cheer the thief to greater heights.  And this shit is defended, even on national TV, with fairly serious sounding talk.  It's pathetic.

With Maraga, the irony is these guys will likely push him out in favor of Ojwang and Njoki, if his independence does not catch on fast in institutions like JSC(likely the next tool in their arsenal).  The cover of legalism, while doing illegal things, has been one of the secrets to their longevity in Kenya.  They are not about to lose it and be exposed.
We are tired of tribal Kenya and are going to try and build another one and try this again and see if things will be different. You guys are welcome to join the adventure! :D

Offline Kim Jong-Un's Pajama Pants

  • Moderator
  • Enigma
  • *
  • Posts: 8778
  • Reputation: 106254
  • An oryctolagus cuniculus is feeding on my couch
Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #312 on: September 21, 2017, 12:50:19 AM »
Yep.   That's it.    And it's not just Kenya, by the way; much of The Beloved Continent seems to have the same difficulty.   Contrary to popular myth, it's not bad luck, or bad weather, of fickle gods ... that explains our woes.

On the matter at hand: some of the commentaries here are bizarre.   I can't tell whether it's because the writers don't really understand what the SC case was really all about, or whether they are simply into misguided mischief, or ... Whatever mission they are on, I know better than to try and point out facts and reality ... What I have to say can be summarized in one sentence: if the process is so f**ked up that one can't make sense of the numbers, then, for all practical purposes, the elections were not valid.

Moving along ...

I have been truly astonished by the mindless attacks on the judiciary, started and led by Uhuru, who should be at the forefront of urging respect for the judiciary, even when they rule against him, and then taken by by everyone keen to suck his <redacted>: Once Uhuru blew the horn, all sorts of scurrilous types emerged from the woodwork, all trying to outdo each other in sucking up to the Uhuru and Ruto ... complete with all sorts of nonsensical applications, affidavits and what not ... badly done crap (forgeries included) that, surprisingly, seems to as "truth until proven otherwise".

Let me go back and replace the "astonished" above with "truly horrified".   If that seems excessive, my explanation is as follows.     Countries that find themselves in dire straits don't just suddenly wake up one day and find themselves there.   If one looks carefully at the history, one will find that one of the chief reasons is a "small-small" erosion of real respect for the law, and it is sometimes worthwhile to reflect on why people have in the first place developed legal systems.   In Kenya, we continuously had small-small "erosion" under Johnstone Kamau, subsequently accelerated by Daniel Arap Moi.   We know how that turned out.   Even the 2007-2008 PEV was not a "sudden eruption", if one considers what had preceded it.

The wild attacks on the judiciary reflect a serious failure to think on a long-term basis.  Low-level, manamba types may be excused for not being able to think, but there are quite a few others who should know better.   

Regardless of who "wins" in the October elections, I see Kenya entering a period of "New Lawlessness" that, depending on who is declared president, will involve one of: (a) the legislature against what is good for the country, or (b) the legislature and the executive against what is good for the country.    In either case, there are just three things to watch out for: sucking-up, power and eating.   On the present path, it's guaranteed to end in tears for most Kenyans; the only issue will be how long it takes.    History.

I have mostly been an "active" contributor to nipate.org, but probably won't be anymore---except on things like the music thread and athletics.   Contrary to what I previously thought, all other discussions (politics, law, economics, ...) are good for entertainment and not much else---certainly not the hoped-for goal of having a better understanding of how we can improve things in Kenya.    The sheer stupidity, venality, tribalism, ... have shaken me out of my reverie.

Chief Justice Maraga:   A genuine and 100% surprise.   Expected by many to be a toe-the-line sucker-up---and I was among those who mocked his return to the "bird's nest", as a symbol of retrograde thinking----he has proved "wrong" many of those who were on either side of his appointment.    One hopes that his refusal to be cowed or bought will inspire the lower legions.

Yeah.  The Kenyan is possibly the most hopelessly tribal African.  Tribe tells him when it is okay for someone to loot billions borrowed in his name, saddling him and his grand-kids with the debt, all while he continues to cheer the thief to greater heights.  And this shit is defended, even on national TV, with fairly serious sounding talk.  It's pathetic.

With Maraga, the irony is these guys will likely push him out in favor of Ojwang and Njoki, if his independence does not catch on fast in institutions like JSC(likely the next tool in their arsenal).  The cover of legalism, while doing illegal things, has been one of the secrets to their longevity in Kenya.  They are not about to lose it and be exposed.
We are tired of tribal Kenya and are going to try and build another one and try it again and see if things will be different. You guys are welcome to join the adventure! :D

These next few months could be interesting.  I have been seeing the S word coming up more and more openly.  Even Otiende Amollo brought it up in an interview recently.
"I freed a thousand slaves.  I could have freed a thousand more if only they knew they were slaves."

Harriet Tubman

Offline Nefertiti

  • Moderator
  • Enigma
  • *
  • Posts: 11254
  • Reputation: 26106
  • Shoo Be Doo Be Doo Oop
Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #313 on: September 21, 2017, 12:52:07 AM »
You are most welcome to, have a ball! :D Just don't tell me my motives please.

Sorry Kadame am not picking on you. Why do people hate Sussana :( Personally I am disappointed because she turned out not to be brilliant as I thought of her in the past. Before she joined SCOK. But you're brunt... guess am projecting my disillusion on you.
♫♫ They say all good boys go to heaven... but bad boys bring heaven to you ~ song by Julia Michaels

Offline Kadame7

  • Enigma
  • *
  • Posts: 541
  • Reputation: 14509
Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #314 on: September 21, 2017, 01:03:41 AM »
You are most welcome to, have a ball! :D Just don't tell me my motives please.

Sorry Kadame am not picking on you. Why do people hate Sussana :( Personally I am disappointed because she turned out not to be brilliant as I thought of her in the past. Before she joined SCOK. But you're brunt... guess am projecting my disillusion on you.
Njoki was my hero when she came up with the sexual offenses act and was forefront in the Bomas movement. I remember all her talks of "Wanjiku" back in the day. I don't hate her and don't think she's dumb, even in 2013, I didn't hate her. I thought she and the rest chickened out of defying power. But to be fair, in 2013, she didn't give her own "work". Today, the only thing that made me say the "dumb" word was the claim by Pundit that she said she personally scrutinized those forms and on the basis of that personal scrutiny rubbished the scrutiny report done by tens of people on 4000 forms. I still find that amazing.  :o Otherwise, the rest are the same disagreements we've had about process/ballots, substance/procedure etc. Now THERE's your ideological divide. And of course anybody making us listen to them for hours unnecessarily had to be mercilessly roasted, that's just the rule of burning people's time! :D

Offline bryan275

  • Moderator
  • Enigma
  • *
  • Posts: 1419
  • Reputation: 2581
Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #315 on: September 21, 2017, 01:18:07 AM »
Does this happen in the US? praise and scorn - caricature - of the SCOTUS justices.
In fairness to SCOTUS, whichever side they fall on, they don't say stupid s***. :D That Githu interpretation from 2013 would have never seen the light of day. Dont get me started on British courts..... I think the problem is when courts do things you don't just consider "wrong" but dumb. Makes you think they must be corrupt.

Ahem, what get's your back up about English and Welsh Courts?  and yes, they are separated out as the Scots have their own legal process...while the English and welsh manage theirs in tandem.
I wasn't talking about all those. Just the unmatched House of Lords and the Judicial Committee of the Privy Council. The latter was the "Supreme Court" for the entire British empire that covered nearly a quarter of the world and was for the longest time the most important court in the world. The House of Lords was the "Supreme Court" for the UK..the only part of the "empire" that was outside the jurisdiction of the Privy Council.


I see how the Privy council was an abnormality.. it still exists by the way.  Although these days the UK does have a "real" supreme court with The European Court of Justice and European Court of Human Rights being the highest courts in the EU.  These are the biggest thorns in the Brexit side.
The House of Lords has always been a real supreme court, it just got officially permanently separated from the parliamentary house of Lords when it became the SCUK, but it has always been that. The Privy Council is the last appelate court for some British territories and a few ex-colonies in the Carribean. but it used to be yuuuge. It was an inspiration to the design of the PCIJ/ICJ (the "world court"/the court of the UN). Yes, I know about the European courts (kind of my field :)) Privy Council was a great court, if only it wasn't so associated with colonialism.

OK, this is my stop.  I'm not one for reading lengthy legal opinions, that's why I chose a fairly numerical field. 

Offline Nefertiti

  • Moderator
  • Enigma
  • *
  • Posts: 11254
  • Reputation: 26106
  • Shoo Be Doo Be Doo Oop
Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #316 on: September 21, 2017, 01:44:06 AM »
OK, this is my stop.  I'm not one for reading lengthy legal opinions, that's why I chose a fairly numerical field.

bryan we ok with your one-liners... opposites attract
♫♫ They say all good boys go to heaven... but bad boys bring heaven to you ~ song by Julia Michaels

Offline Kadame7

  • Enigma
  • *
  • Posts: 541
  • Reputation: 14509
Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #317 on: September 21, 2017, 01:44:18 AM »


OK, this is my stop.  I'm not one for reading lengthy legal opinions, that's why I chose a fairly numerical field.
Oh no! Hope I didnt offend you, Brian. Sometimes I get away from myself. Maybe I have Njoki's verbiage disease . I hate my field actually. I wish I could start over, do something else. :(

Online RV Pundit

  • Moderator
  • Enigma
  • *
  • Posts: 38137
  • Reputation: 1074446
Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #318 on: September 21, 2017, 04:38:54 AM »
Njoki destroyed the four Judges by meticulously going through the forms.This now call for investigation of the so called scrutiny and roles of the registry.

Online RV Pundit

  • Moderator
  • Enigma
  • *
  • Posts: 38137
  • Reputation: 1074446
Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #319 on: September 21, 2017, 04:39:52 AM »
And in other news the NASA demand to Iebc now have no basis after wakora 4 found nothing on specific staff... seem the only change required is to improve kiems and verification