Author Topic: Supreme Court of Kenya Presidential Petition Full Judgement  (Read 92370 times)

Offline Kadame7

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Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #360 on: September 21, 2017, 09:52:03 AM »
All I read from you is the lols: engage your brain for a change.
lol lol bla de bla :lol: lol :lol
Njoki Ndung'u turned the collective interpartes scrutiny into hogwash by personally counter-checking the over 4000 forms before 1st September 2017. You are free to believe this but not to render advice on brains while doing so.

Offline Kichwa

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Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #361 on: September 21, 2017, 09:52:55 AM »
Yeah. Like they were cocksure the petition would be dismissed.

When is Raila abandoing her quest...let him do it today so we can have the so called fresh nomination and get done with this.
Wake me up when the election is over and Uhuru is sworn in
This shity idea I'm dead sure Babu has not bought it.

If he has, the strategy is to pull out very late when there's no time for IEBC or anybody else to seek an advisory opinion on the same at SCOK.

But I doubt the words of an Amica are binding though they form part of the 2013 judgment. My own layman thoughts.
Dude, they were the words of the SCOK: the amicus was simply the original source of the daft idea. :D And if you read the majority judgment, this court is not about to depart from its own previous decisions easily. In fact, yesterday I had the impression that they departed from the burden/stds of proof established in 2013, but actually, they refused to do so. Petitioners wanted them to but they maintained the same. I haven't seen anything that was challenged about SCOK previous decisions that the court agreed to change yesterday.
If there's such a risk of paralysis, you can bet Jubilee is on it. That they are daring Babu to withdraw tells me they are cocksure
"I have done my job and I will not change anything dead or a live" Malonza

Offline Kadame7

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Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #362 on: September 21, 2017, 09:55:10 AM »
When is Raila abandoing her quest...let him do it today so we can have the so called fresh nomination and get done with this.
Wake me up when the election is over and Uhuru is sworn in
This shity idea I'm dead sure Babu has not bought it.

If he has, the strategy is to pull out very late when there's no time for IEBC or anybody else to seek an advisory opinion on the same at SCOK.

But I doubt the words of an Amica are binding though they form part of the 2013 judgment. My own layman thoughts.
Dude, they were the words of the SCOK: the amicus was simply the original source of the daft idea. :D And if you read the majority judgment, this court is not about to depart from its own previous decisions easily. In fact, yesterday I had the impression that they departed from the burden/stds of proof established in 2013, but actually, they refused to do so. Petitioners wanted them to but they maintained the same. I haven't seen anything that was challenged about SCOK previous decisions that the court agreed to change yesterday.
If there's such a risk of paralysis, you can bet Jubilee is on it. That they are daring Babu to withdraw tells me they are cocksure
They were cocksure about the petition too, don't forget.

EDIT: lOL! Sorry, Kichwa already said that. Let me add, Kibe is not exactly an outsider. His opinion gives me the impression that he feels many in his camp and outside have not fully considered the implications of that SCOK 2013 "gem" in full. Most people didn't even realize it existed until IEBC brought it up juzi.

Offline Kadame7

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Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #363 on: September 21, 2017, 10:24:24 AM »
Njoki's claims are easy to disprove. She named specific forms. All you need is scrutinize them again...originals that is, and contrast your findings with hers and the scrutiny report.

Why does this hurt many here?
Shouldn't they be interested in the veracity of her statement?
It is the very idea that she has created ANY need to "counter-check" this to verify it that is puzzling. This was a judgment read from the bench of the SCOK! That's not how courts make their "findings".

Offline RV Pundit

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Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #364 on: September 21, 2017, 10:34:55 AM »
Where did you get that info that scrutiny was done afterwards

Offline Kadame7

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Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #365 on: September 21, 2017, 10:38:57 AM »
Nobody should celebrate yet.  The findings of illegalities is now enough for NASA to demand that Tobiko do his job.  Tobiko did not expect an electoral court to do a criminal investigation and hand him evidence to prosecute. Immediately a finding of illegality was made by the court, Tobiko more than a suspicion which is usually needed to commence a criminal investigation. He has given these criminals so much time to destroy evidence.  Actually Tobiko should be removed for dereliction of duty.

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

Otiende Amollo was clear,
The only negro they charged with crime was Uhunye and they was rightly thrown out.

Maraga did not have to comment on criminal culpability of IEBC or its staff since it was not in the pleadings. He only did it because it was a national subject thanks to NASWA

Still, NASWA's claim for reforming IEBC are certainly deflated. Babu is still toying with the theory if 'withdraw-force-constitutional-crisis'.

Jubilee are elated, no rigging, Uhunye is clean, it's all about logs and barcodes not votes. They sure as hell will craft a campaign message around a stolen victory with much ease.

Maraga just threw them a lifeline, let the mzee be.
Kichwa, have you read the judgment? The courts indictment of IEBC is deep and far reaching. Anyone has a right to demand to know who was responsible for all the massive irregularities and illegalities, have them fired and then where aporopriate, prosecuted. What the court said in the end that Jubilee is harping on is that the evidence tabled before it did not show criminal culpability of any specific individuals. That was of course, true, as the court was not carrying out a criminal investigation but rather looking into the entire process of the elections. And it was indeed a massive systemic/institutional failure. The whole thing fell apart imnediately after counting of votes. Basically, after counting, it became the wild wild west in IEBC country and people did whatever the hell they wanted.

Offline Kadame7

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Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #366 on: September 21, 2017, 10:42:49 AM »
Where did you get that info that scrutiny was done afterwards
??? After what?

Offline RV Pundit

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Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #367 on: September 21, 2017, 11:02:21 AM »
After  the determination - on or before 1st September. Again your obtuseness is now chronic. You're alleging if I am not wrong that Njoki did the scrutiny as an afterthought (btw 1st sept-21st september) - which ambushed the other judges and is dishonest.
??? After what?

Offline RV Pundit

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Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #368 on: September 21, 2017, 11:06:30 AM »
Of course DPP & IEBC can institute proceeding but after due course. Raila and Orengo cannot finger people on pretext of SCOK rulling. SCOK have washed their hands. Let have due process where Raila or IEBC or anybody can file complaint to DPP/Police or do private prosecution. The administrative changes including staff changes is now upon IEBC to do it independently.
Kichwa, have you read the judgment? The courts indictment of IEBC is deep and far reaching. Anyone has a right to demand to know who was responsible for all the massive irregularities and illegalities, have them fired and then where aporopriate, prosecuted. What the court said in the end that Jubilee is harping on is that the evidence tabled before it did not show criminal culpability of any specific individuals. That was of course, true, as the court was not carrying out a criminal investigation but rather looking into the entire process of the elections. And it was indeed a massive systemic/institutional failure. The whole thing fell apart imnediately after counting of votes. Basically, after counting, it became the wild wild west in IEBC country and people did whatever the hell they wanted.

Offline Kadame7

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Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #369 on: September 21, 2017, 11:14:17 AM »
After  the determination - on or before 1st September. Again your obtuseness is now chronic. You're alleging if I am not wrong that Njoki did the scrutiny as an afterthought (btw 1st sept-21st september) - which ambushed the other judges and is dishonest.
??? After what?
Please cite said post with said allegation. YOU are saying she was able to countercheck that scrutiny before 1st September and I am simply laughing at you for it.

Offline Kadame7

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Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #370 on: September 21, 2017, 11:16:42 AM »
Where did you get that info that scrutiny was done afterwards
Who has said any scrutiny was done at any point? And you have the gall to call others obtuse.

Offline Kim Jong-Un's Pajama Pants

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Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #371 on: September 21, 2017, 11:22:19 AM »
When is Raila abandoing her quest...let him do it today so we can have the so called fresh nomination and get done with this.
Wake me up when the election is over and Uhuru is sworn in
This shity idea I'm dead sure Babu has not bought it.

If he has, the strategy is to pull out very late when there's no time for IEBC or anybody else to seek an advisory opinion on the same at SCOK.

But I doubt the words of an Amica are binding though they form part of the 2013 judgment. My own layman thoughts.
Dude, they were the words of the SCOK: the amicus was simply the original source of the daft idea. :D And if you read the majority judgment, this court is not about to depart from its own previous decisions easily. In fact, yesterday I had the impression that they departed from the burden/stds of proof established in 2013, but actually, they refused to do so. Petitioners wanted them to but they maintained the same. I haven't seen anything that was challenged about SCOK previous decisions that the court agreed to change yesterday.
If there's such a risk of paralysis, you can bet Jubilee is on it. That they are daring Babu to withdraw tells me they are cocksure

Let me be banal for a change.  They also dared baba to go to SCOK.  Maybe they are not infallible.

My bad.  Too obvious.

But I agree with your observation on that other thread the Njoki was rambling about questions not before the court.  She had a meltdown on national TV.  I now believe Mutunga's affidavit against her.
"I freed a thousand slaves.  I could have freed a thousand more if only they knew they were slaves."

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Offline RV Pundit

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Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #372 on: September 21, 2017, 11:28:29 AM »
You're beyond obtuse. Every judge did his or her own thing. Njoki chose to do her homework after getting SCOK Registar report and found it was baseless. Now I don't know if this new catholic faith - but clearly you're not after truth seeking --you're just out here with LOLS & obstufications-. It's every Judge duty to seek the truth. The issue moron is whether Njoki long analysis - she did 70 pages I think - of form 34As and 34Bs - is factual or NOT. The rest are omollosque nonsense which add nothing to anybody.  Who cares about her motive or how she did this? We only care about the TRUTH.

And the moronic version is simple. Njoki claims what Nyakai presented as her report is a total lie.

Who has said any scrutiny was done at any point? And you have the gall to call others obtuse.

Offline GeeMail

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Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #373 on: September 21, 2017, 11:30:34 AM »
Where did you get that info that scrutiny was done afterwards
Who has said any scrutiny was done at any point? And you have the gall to call others obtuse.
Did she scrutinize the forms on her own or did she also invite Ojwang? Where and when? Pundit still does nit get it that it is this kind of thing Njoki is doing that invalidated the fraudulent election inthe first place. He says Chebukati has the right to correct ROs returns, that Bomas can correct on its own the tallies submitted from counties. He also says Uhuru has the right on his own to correct anybody or any judge suspected of meeting a NASA leader (through EJK he suggests).
Celebratory violence: 2017 crime invented to justify killings to prevent Raila from becoming PORK. http://www.nipate.com/download/file.php?id=4244

Offline RV Pundit

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Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #374 on: September 21, 2017, 11:32:35 AM »
Who said it's group work? Every judges sat on his or her own - by most account - they most locked themselves in their houses with their assistants (SCOK judges have personal staff working for them - researchers, analysts, personal assistants) - and took whatever approach - they deemed right to determine the truth. How they did this is irrelevant. The elephant in the house is that somebody is lying. It's either Njoki or Nyakai or IEBC. My prayer is we need to do another round of verification as legal review. The election has been annulled...but we have retained all the materials..precisely for such an exercise.
Did she scrutinize the forms on her own or did she also invite Ojwang? Where and when?

Offline bryan275

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Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #375 on: September 21, 2017, 11:40:44 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. :(

Hello hello, I wasn't making for the door, but making way for one that is more learned in this area than I am.  But I agree with you on Njoki the time bandit.  I tried hard to keep on because I wanted to hear the speeches after her.  I gave up in the end, i couldn't stand the shouting.

     

Offline Kadame7

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Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #376 on: September 21, 2017, 11:42:39 AM »
You're beyond obtuse. Every judge did his or her own thing. Njoki chose to do her homework after getting SCOK Registar report and found it was baseless. Now I don't know if this new catholic faith - but clearly you're not after truth seeking --you're just out here with LOLS & obstufications-. It's every Judge duty to seek the truth. The issue moron is whether Njoki long analysis - she did 70 pages I think - of form 34As and 34Bs - is factual or NOT. The rest are omollosque nonsense which add nothing to anybody.  Who cares about her motive or how she did this? We only care about the TRUTH.

And the moronic version is simple. Njoki claims what Nyakai presented as her report is a total lie.

Who has said any scrutiny was done at any point? And you have the gall to call others obtuse.
The moronic version is simple: you willingly believe an impossibility. I'm just glad you found faith. I used to think you were an atheist.

Offline bryan275

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Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #377 on: September 21, 2017, 11:44:15 AM »
I find Jubilee's new found zeal to open the debes as quite mischievous.  Is it because the boxes have now been reconciled to the doctored Form 34s?


Offline Kadame7

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Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #378 on: September 21, 2017, 11:47:26 AM »
Who said it's group work? Every judges sat on his or her own - by most account - they most locked themselves in their houses with their assistants (SCOK judges have personal staff working for them - researchers, analysts, personal assistants) - and took whatever approach - they deemed right to determine the truth. How they did this is irrelevant. The elephant in the house is that somebody is lying. It's either Njoki or Nyakai or IEBC. My prayer is we need to do another round of verification as legal review. The election has been annulled...but we have retained all the materials..precisely for such an exercise.
Did she scrutinize the forms on her own or did she also invite Ojwang? Where and when?
Nope! Thats not how its done. Judges dont ambush each other in court with fresh new findings. They each do they work and they all deliberate together. Thats how they know the majority decision and dissenting. They dont just discover that in court when each delivers their ideas and then they find, suprise suprise, my decision is in the minority! right along with the rest of us.

Offline bryan275

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Re: Supreme Court of Kenya Presidential Petition Full Judgement
« Reply #379 on: September 21, 2017, 11:54:31 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

Hi Robina, thank you.  I used to have a massive opinion on most things Kenyan.  Obviously I can't top Njoki's but it was big.  Back then when RCB didn't have login requirements and it was a free for all.  But with a common goal to end Arap Moi's tyranny.  I became disenfranchised after tosharing Kibaki and then watching him completely tribalise and trample on our hard won freedoms.  I watched in horror as online comrades morphed into shocking tribalists leading us to this point where willful blindness is applied to blatant electoral theft and fraud. 

I gave up on the nation.  Regrettably.