Supreme Court of Kenya Presidential Petition Full Judgement

[bryan275]

Njoki has a massive opinion for someone who had no questions to ask during hearings

[Kadame7]

Njoki has a massive opinion for someone who had no questions to ask during hearings

My God, is she still going on? Sheesh! I tuned out. By the way, I just checked out Miguna Miguna's commentary on these judgments in his twitter feed. Hilarious.

[RV Pundit]

Njoki seem to have done her homework. Indeed the majority decision is nothing but politically. They relied on report from registar and ict experts.

[vooke]

[RV Pundit]

Njoki; Majority should have taken the trouble to examine the forms themselves.
Njoki: The majority decided the case on a tangential issue - that is my exact thinking.

[RV Pundit]

Njoki burying it.She examined the forms and she found them clean. Magara is pretending to take NOTEs

[RV Pundit]

Njoki; Verification is done by court - she examines NASA petitions - and has table - where shes compares it- much respect for her. The other fools just took the report from registart and experts - and ran away with it. Totally shameless.

[Kichwa]

OMG!! the decision was made 20 days ago.  Your lawyers did not convince enough judges to win. Give credit to the NASA lawyers where credit is due. There is a reason why Supreme court is the last arbiter because these cases can be argued to the end of the world.  Just take this as a dog beating and move on already.

Njoki; Majority should have taken the trouble to examine the forms themselves.
Njoki: The majority decided the case on a tangential issue - that is my exact thinking.

[RV Pundit]

The final arbiter is kenyan vote - who will embarrass these judges in few weeks. When Uhuru win again with even bigger margin - then you'll know these judges just wasted our time and money - with horrible decision.

OMG!! the decision was made 20 days ago.  Your lawyers did not convince enough judges to win. Give credit to the NASA lawyers where credit is due. There is a reason why Supreme court is the last arbiter because these cases can be argued to the end of the world.  Just take this as a dog beating and move on already.

[Kichwa]

Yeah! yeah! yawn! yawn!.. meanwhile Maraga is the CJ and in the majority. That means, what he says now is what matters regardless of what you personally think of him, or his intellect.

Chief Justice David Maraga has directed IEBC to put in place a complementary system for the October vote as previous elections had "enormous illegalities and irregularities".

Maraga said the electoral agency should go back to the drawing board before NASA chief Raila Odinga and President Uhuru Kenyatta vie again.

The election has been scheduled for October 17 but this could change.

"In conducting the fresh election, IEBC must conform to the constitution for what is the need of having a constitution when it is not respected?" he asked.

"If anomalies remain, the same court will annul the elections regardless of the aspirants....As it is important to respect the will of the people, it is also important to maintain the purity of an election."

Maraga said irregularities by the commission were of a substantial nature so they cannot be ignored.

"Some forms did not have security features but were said to have been printed by the same printers," he said.

In her address earlier on Wednesday, Deputy Chief Justice Philomena Mwilu said the electoral agency's system was infiltrated and data contaminated.

Read: IEBC's system was infiltrated, restricted access suspicious - Mwilu

Maraga further said IEBC's Immaculate Kassait swore an affidavit misleading the Supreme Court that all forms had security features.

"Where did the security features on the forms declared by the IEBC disappear to?" he posed.



 

He said no reasonable explanation was given as to why some forms lacked the features and asked how a presiding officer failed to append a signature to a document he or she prepared.

"Could the critical documents be considered genuine with no security features? We were left wondering. Form 34C that was used to declare the result was not by itself free from doubts of authenticity," he said.

"Some of the forms used were carbon copies while others were originals hence authenticity could not be guaranteed."

The top court president said that at the end of the day, the elections must reflect the true will of the people whether they are about numbers or laws.

Maraga noted the court cannot nullify elections when errors are minimal, and that no election is perfect, but reiterated irregularities cannot be ignored when they are "enormous".

"Where do all those irregularities leave this election? It is true that where the quantitative difference is manageable, we should not disturb the election. What if the numbers [raise] many unanswered questions? The quality is as important as the quantity."

Maraga said "the greatness of a nation lies not in the might of its army or its economy but its fidelity to its constitution".

"It is our finding, irregularities by IEBC would, in any court applying its right mind, be found unconstitutional."

The CJ has been criticised by many following the September 1 nullification of Uhuru's victory.

He talked tough on Tuesday saying if leaders are tired of a strong and independent Judiciary, they can call a referendum and abolish it all together.

The final arbiter is kenyan vote - who will embarrass these judges in few weeks. When Uhuru win again with even bigger margin - then you'll know these judges just wasted our time and money - with horrible decision.

OMG!! the decision was made 20 days ago.  Your lawyers did not convince enough judges to win. Give credit to the NASA lawyers where credit is due. There is a reason why Supreme court is the last arbiter because these cases can be argued to the end of the world.  Just take this as a dog beating and move on already.

[RV Pundit]

Whatever measure IEBC put - Uhuru will still win. If Uhuru had rigged this - then I'd be worried. But he has more support than Odinga - and there is nothing IEBC can do about that.

Yeah! yeah! yawn! yawn!.. meanwhile Maraga is the CJ and he gets to make the decisions.

Chief Justice David Maraga has directed IEBC to put in place a complementary system for the October vote as previous elections had "enormous illegalities and irregularities".

Maraga said the electoral agency should go back to the drawing board before NASA chief Raila Odinga and President Uhuru Kenyatta vie again.

The election has been scheduled for October 17 but this could change.

"In conducting the fresh election, IEBC must conform to the constitution for what is the need of having a constitution when it is not respected?" he asked.

"If anomalies remain, the same court will annul the elections regardless of the aspirants....As it is important to respect the will of the people, it is also important to maintain the purity of an election."

Maraga said irregularities by the commission were of a substantial nature so they cannot be ignored.

"Some forms did not have security features but were said to have been printed by the same printers," he said.

In her address earlier on Wednesday, Deputy Chief Justice Philomena Mwilu said the electoral agency's system was infiltrated and data contaminated.

Read: IEBC's system was infiltrated, restricted access suspicious - Mwilu

Maraga further said IEBC's Immaculate Kassait swore an affidavit misleading the Supreme Court that all forms had security features.

"Where did the security features on the forms declared by the IEBC disappear to?" he posed.



 

He said no reasonable explanation was given as to why some forms lacked the features and asked how a presiding officer failed to append a signature to a document he or she prepared.

"Could the critical documents be considered genuine with no security features? We were left wondering. Form 34C that was used to declare the result was not by itself free from doubts of authenticity," he said.

"Some of the forms used were carbon copies while others were originals hence authenticity could not be guaranteed."

The top court president said that at the end of the day, the elections must reflect the true will of the people whether they are about numbers or laws.

Maraga noted the court cannot nullify elections when errors are minimal, and that no election is perfect, but reiterated irregularities cannot be ignored when they are "enormous".

"Where do all those irregularities leave this election? It is true that where the quantitative difference is manageable, we should not disturb the election. What if the numbers [raise] many unanswered questions? The quality is as important as the quantity."

Maraga said "the greatness of a nation lies not in the might of its army or its economy but its fidelity to its constitution".

"It is our finding, irregularities by IEBC would, in any court applying its right mind, be found unconstitutional."

The CJ has been criticised by many following the September 1 nullification of Uhuru's victory.

He talked tough on Tuesday saying if leaders are tired of a strong and independent Judiciary, they can call a referendum and abolish it all together.

The final arbiter is kenyan vote - who will embarrass these judges in few weeks. When Uhuru win again with even bigger margin - then you'll know these judges just wasted our time and money - with horrible decision.

OMG!! the decision was made 20 days ago.  Your lawyers did not convince enough judges to win. Give credit to the NASA lawyers where credit is due. There is a reason why Supreme court is the last arbiter because these cases can be argued to the end of the world.  Just take this as a dog beating and move on already.

[vooke]

Njoki
Procedural and administrative irregularities and errors are not enough by and of themselves to vitiate an election

[Kadame7]

My God, did Njoki really say she examined forms and found them clean? I hope this is a GROSS misrepresentation of what was said. I mean. When did she examine these forms?  Did she do it all by herself at night while the petition was going on? Does she know how many peopke it took to exclusively focuss on and examine the random sample of about 4,500 forms? Did she mistrust the inter-parties scrutiny the court ordered and the report on it? Was this report disputed by IEBC or Jubilee? If she really said this she just proved herself to be far "slower" than anyone thought up to this point! Lol.

[Kichwa]

If you really believe that Ouru has numbers to win free and fair elections then you would be calm, kool and very collect supporting all the reasonable changes that need to be made. Instead you are argumentative, bitter and querulous. That indicates to me that you are just blowing hot air and is not sure of the numbers either.

Whatever measure IEBC put - Uhuru will still win. If Uhuru had rigged this - then I'd be worried. But he has more support than Odinga - and there is nothing IEBC can do about that.

Yeah! yeah! yawn! yawn!.. meanwhile Maraga is the CJ and he gets to make the decisions.

Chief Justice David Maraga has directed IEBC to put in place a complementary system for the October vote as previous elections had "enormous illegalities and irregularities".

Maraga said the electoral agency should go back to the drawing board before NASA chief Raila Odinga and President Uhuru Kenyatta vie again.

The election has been scheduled for October 17 but this could change.

"In conducting the fresh election, IEBC must conform to the constitution for what is the need of having a constitution when it is not respected?" he asked.

"If anomalies remain, the same court will annul the elections regardless of the aspirants....As it is important to respect the will of the people, it is also important to maintain the purity of an election."

Maraga said irregularities by the commission were of a substantial nature so they cannot be ignored.

"Some forms did not have security features but were said to have been printed by the same printers," he said.

In her address earlier on Wednesday, Deputy Chief Justice Philomena Mwilu said the electoral agency's system was infiltrated and data contaminated.

Read: IEBC's system was infiltrated, restricted access suspicious - Mwilu

Maraga further said IEBC's Immaculate Kassait swore an affidavit misleading the Supreme Court that all forms had security features.

"Where did the security features on the forms declared by the IEBC disappear to?" he posed.



 

He said no reasonable explanation was given as to why some forms lacked the features and asked how a presiding officer failed to append a signature to a document he or she prepared.

"Could the critical documents be considered genuine with no security features? We were left wondering. Form 34C that was used to declare the result was not by itself free from doubts of authenticity," he said.

"Some of the forms used were carbon copies while others were originals hence authenticity could not be guaranteed."

The top court president said that at the end of the day, the elections must reflect the true will of the people whether they are about numbers or laws.

Maraga noted the court cannot nullify elections when errors are minimal, and that no election is perfect, but reiterated irregularities cannot be ignored when they are "enormous".

"Where do all those irregularities leave this election? It is true that where the quantitative difference is manageable, we should not disturb the election. What if the numbers [raise] many unanswered questions? The quality is as important as the quantity."

Maraga said "the greatness of a nation lies not in the might of its army or its economy but its fidelity to its constitution".

"It is our finding, irregularities by IEBC would, in any court applying its right mind, be found unconstitutional."

The CJ has been criticised by many following the September 1 nullification of Uhuru's victory.

He talked tough on Tuesday saying if leaders are tired of a strong and independent Judiciary, they can call a referendum and abolish it all together.

The final arbiter is kenyan vote - who will embarrass these judges in few weeks. When Uhuru win again with even bigger margin - then you'll know these judges just wasted our time and money - with horrible decision.

OMG!! the decision was made 20 days ago.  Your lawyers did not convince enough judges to win. Give credit to the NASA lawyers where credit is due. There is a reason why Supreme court is the last arbiter because these cases can be argued to the end of the world.  Just take this as a dog beating and move on already.

[vooke]

Njoki
Qualitative questions must affect constitutional quantitative thresholds

[vooke]

[Kadame7]

Njoki
Procedural and administrative irregularities and errors are not enough by and of themselves to vitiate an election

I wish they defined these "procedural/administrative errors" though. For example, if signatures/stamps etc become unnecessary, how could we tell fake forms from real ones?

[vooke]

[Kim Jong-Un's Pajama Pants]

My God, did Njoki really say she examined forms and found them clean? I hope this is a GROSS misrepresentation of what was said. I mean. When did she examine these forms?  Did she do it all by herself at night while the petition was going on? Does she know how many peopke it took to exclusively focuss and examine the random sample of about 4,500 forms? Did she mistrust the inter-parties scrutiny the court ordered and the report on it? Was this report disputed by IEBC or Jubilee? If she really said this she just proved herself to be far "slower" than anyone thought up to this point! Lol.

Is she still on?  Why doesn't she save the rest for Larry Madowo show?  I am sure he will be happy to let her ventilate on his show.  Some jokers simply pay lip service to the rule of law but would not recognize it if it slapped them in the face.

[Kim Jong-Un's Pajama Pants]

That is true.  You can no longer rig and expect the courts to rubber stamp it.