Supreme Court of Kenya Presidential Petition Full Judgement

[Kichwa]

Stop misleading yourself.  This was not a criminal proceeding. Tobiko should have been on this case as soon as the judges found illegalities.  Like Orengo said, Iebc HQ should have been treated as a crime scene and evidence secured and preserved. Tobiko only needed suspicion that crimes were committed to begin an investigation.  The findings by the court that illegalities were committed was more than mere suspicion and rose above the level of  "probable cause" which is usually enough to arrest people, and to get a search and seize warrants.  These were very serious allegations that;  election documents were altered and forged; that servers were hacked; that IEBC's individuals not authorized logged into the IEBC servers and made changes and deletions; that Chebukati's log in credentials was used without his knowledge, etc. Parliament should be right now putting together a committee to investigate these irregularities and illegalities as an independent body. 

If this was the US or some western country,  there would be a special prosecutor with teams of lawyers, ICT experts and all kinds of experts being put together to commence  the biggest round up and prosecution of a criminal enterprise that could end up with the president, his Deputy, and ministers going to jail. There would be parliamentary committees being formed and public hearings being commenced with subpoen's flying left right and center.  Kenya is truly still a banana republic and it is pathetic to watch how people casually deal with these high crimes and misdemeanors. 

NASA is not going to let this go. Those who think they have gotten away with murder like chirchir who logged in from Bomet should not start celebrating yet. Tobiko will be compelled to investigate this matter if he refuses to do so on his own. There is really nothing he has been waiting for to do his job. 

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

[vooke]

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.

[Kim Jong-Un's Pajama Pants]

Njoki spent 3 hours litigating a non-existent petition!

[vooke]

Stop misleading yourself.  This was not a criminal proceeding. Tobiko should have been on this case as soon as the judges found illegalities.  Like Orengo said, Iebc HQ should have been treated as a crime scene and evidence secured and preserved. Tobiko only needed suspicion that crimes were committed to begin an investigation.  The findings by the court that illegalities were committed was more than mere suspicion and rose above the level of  "probable cause" which is usually enough to arrest people, and to get a search and seize warrants.  These were very serious allegations that;  election documents were altered and forged; that servers were hacked; that IEBC's individuals not authorized logged into the IEBC servers and made changes and deletions; that Chebukati's log in credentials was used without his knowledge, etc. Parliament should be right now putting together a committee to investigate these irregularities and illegalities as an independent body. 

If this was the US or some western country,  there would be a special prosecutor with teams of lawyers, ICT experts and all kinds of experts being put together to commence  the biggest round up and prosecution of a criminal enterprise that could end up with the president, his Deputy, and ministers going to jail. There would be parliamentary committees being formed and public hearings being commenced with subpoen's flying left right and center.  Kenya is truly still a banana republic and it is pathetic to watch how people casually deal with these high crimes and misdemeanors. 

NASA is not going to let this go. Those who think they have gotten away with murder like chirchir who logged in from Bomet should not start celebrating yet. Tobiko will be compelled to investigate this matter if he refuses to do so on his own. There is really nothing he has been waiting for to do his job. 

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

You're right.
But criminal proceedings this late are unlikely to sway voters, unlikely o have gotten far by election date, and feeds into the stereotype of NASWA being litigious. If NASWA loses, it will make even less sense chasing them as it'll be overtaken by events.

And don't forget IEBC won't go down without a fight, they will have all the time in the court o defend themselves. ICT crimes are not exactly easy to prove.

[Kichwa]

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]

Criminal prosecutions are usually not supposed to sway voters.

Stop misleading yourself.  This was not a criminal proceeding. Tobiko should have been on this case as soon as the judges found illegalities.  Like Orengo said, Iebc HQ should have been treated as a crime scene and evidence secured and preserved. Tobiko only needed suspicion that crimes were committed to begin an investigation.  The findings by the court that illegalities were committed was more than mere suspicion and rose above the level of  "probable cause" which is usually enough to arrest people, and to get a search and seize warrants.  These were very serious allegations that;  election documents were altered and forged; that servers were hacked; that IEBC's individuals not authorized logged into the IEBC servers and made changes and deletions; that Chebukati's log in credentials was used without his knowledge, etc. Parliament should be right now putting together a committee to investigate these irregularities and illegalities as an independent body. 

If this was the US or some western country,  there would be a special prosecutor with teams of lawyers, ICT experts and all kinds of experts being put together to commence  the biggest round up and prosecution of a criminal enterprise that could end up with the president, his Deputy, and ministers going to jail. There would be parliamentary committees being formed and public hearings being commenced with subpoen's flying left right and center.  Kenya is truly still a banana republic and it is pathetic to watch how people casually deal with these high crimes and misdemeanors. 

NASA is not going to let this go. Those who think they have gotten away with murder like chirchir who logged in from Bomet should not start celebrating yet. Tobiko will be compelled to investigate this matter if he refuses to do so on his own. There is really nothing he has been waiting for to do his job. 

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

You're right.
But criminal proceedings this late are unlikely to sway voters, unlikely o have gotten far by election date, and feeds into the stereotype of NASWA being litigious. If NASWA loses, it will make even less sense chasing them as it'll be overtaken by events.

And don't forget IEBC won't go down without a fight, they will have all the time in the court o defend themselves. ICT crimes are not exactly easy to prove.

[Kim Jong-Un's Pajama Pants]

Stop misleading yourself.  This was not a criminal proceeding. Tobiko should have been on this case as soon as the judges found illegalities.  Like Orengo said, Iebc HQ should have been treated as a crime scene and evidence secured and preserved. Tobiko only needed suspicion that crimes were committed to begin an investigation.  The findings by the court that illegalities were committed was more than mere suspicion and rose above the level of  "probable cause" which is usually enough to arrest people, and to get a search and seize warrants.  These were very serious allegations that;  election documents were altered and forged; that servers were hacked; that IEBC's individuals not authorized logged into the IEBC servers and made changes and deletions; that Chebukati's log in credentials was used without his knowledge, etc. Parliament should be right now putting together a committee to investigate these irregularities and illegalities as an independent body. 

If this was the US or some western country,  there would be a special prosecutor with teams of lawyers, ICT experts and all kinds of experts being put together to commence  the biggest round up and prosecution of a criminal enterprise that could end up with the president, his Deputy, and ministers going to jail. There would be parliamentary committees being formed and public hearings being commenced with subpoen's flying left right and center.  Kenya is truly still a banana republic and it is pathetic to watch how people casually deal with these high crimes and misdemeanors. 

NASA is not going to let this go. Those who think they have gotten away with murder like chirchir who logged in from Bomet should not start celebrating yet. Tobiko will be compelled to investigate this matter if he refuses to do so on his own. There is really nothing he has been waiting for to do his job. 

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

Mwilu categorically said that IEBC disobeyed the court order on servers.  It should not be difficult to finger the crook(s) behind this defiance.

[GeeMail]

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.

Pundit this is it for me in this Njoki dissenting opinion. Njoki went through all the forms? Counting, scrutinizing and perhaps tallying? As who? Where was the court at the time? With hindsight, this is the precise problem with Kenyan elections. As soon as voting is done or before voting is done, private persons mark, count, tally and transmit the results. This is what she did. She knows we can't trust that. Did NIS help her?

[RV Pundit]

What do you mean as who? That role of judges - to scrutinize forms and even ballots - that is why IEBC are ordered by law to deposit all the forms at SCOK as soon as petition is filled. What Njoki did calls for investigation into the scrutiny by Registar - which the Wakora 4 relied heavily to make the rulling. This ought to be done as of today. Something clearly isn't right - because Njoki is saying she examined the forms..and they were all good...while Registry led process raised issues.

I've heard Akombe and some IEBC staff might have planted fake forms.....

In short nothing short we need a public inquiry. Parliament should immediately commence investigation into this.

Pundit this is it for me in this Njoki dissenting opinion. Njoki went through all the forms? Counting, scrutinizing and perhaps tallying? As who? Where was the court at the time? With hindsight, this is the precise problem with Kenyan elections. As soon as voting is done or before voting is done, private persons mark, count, tally and transmit the resukts. This is what she did. She kniws we can't trust that. Did NIS help her?

[Omollo]

The report commissioned by the court - Njoki included - is there for all to see, She can rub each form 34 with her pussy a hundred times if she wishes but it will not change the facts.

What she did is to declare that there is no such thing as a forgery. She then went ahead to please her tribesmen and Pundit (assuming he stayed awake as we listened and watched the entire crap out of habit!)

The majority followed the dictates of the law. Forgeries, counterfeits are illegalities that confer no benefit and must be discarded. In Njoki's Uthamaki jurisprudence, if you turn up at the bank with bank notes amounting to 1 billion shillings, the bank manager must credit your account with the full amount even while knowing full well that all or most the said bank notes are counterfeit wash wash! Because in her opinion every bank note must count! Crap!

[RV Pundit]

Go slow on Choo.com kind of matusi. She has put his scrutiny on records. The questions now is why does he scrutiny differs with Nyakai's led process. Nothing prevent SCOK judges from doing her own scrutiny. In fact that is what the law expect them to do....not to delegate that job to the registar. Something clearly is broken here. It's either Njoki is lying or Nyakai is lying.

The report commissioned by the court - Njoki included - is there for all to see, She can rub each form 34 with her pussy a hundred times if she wishes but it will not change the facts.

What she did is to declare that there is no such thing as a forgery. She then went ahead to please her tribesmen and Pundit (assuming he stayed awake as we listened and watched the entire crap out of habit!)

The majority followed the dictates of the law. Forgeries, counterfeits are illegalities that confer no benefit and must be discarded. In Njoki's Uthamaki jurisprudence, if you turn up at the bank with bank notes amounting to 1 billion shillings, the bank manager must credit your account with the full amount even while knowing full well that all or most the said bank notes are counterfeit wash wash! Because in her opinion every bank note must count! Crap!

[Omollo]

There is no law that orders anybody to deposit anything at the court because of a petition. A party may make such an application and leave it to the court to decide. The court may in so deciding also consider how best to accommodate the applications implementation.

What we have is a judge working closely with the state to sabotage an institution. The scrutiny was done in the presence of the respondents and by experts acceptable to all the parties. The parties had a clear opportunity (which all made use of) to dissent and cause their opinion to be recorded.

What is Njoki's expertise in counterfeiting? oh sorry I forgot ... she says that does not matter... what is on the forms is what matters! Serial numbers can miss etc.

Any way Pundit, this is for you to debate for the next several years! We debated 2013 for the last four years. It is your turn. Enjoy bro!

What do you mean as who? That role of judges - to scrutinize forms and even ballots - that is why IEBC are ordered by law to deposit all the forms at SCOK as soon as petition is filled. What Njoki did calls for investigation into the scrutiny by Registar - which the Wakora 4 relied heavily to make the rulling. This ought to be done as of today. Something clearly isn't right - because Njoki is saying she examined the forms..and they were all good...while Registry led process raised issues.

I've heard Akombe and some IEBC staff might have planted fake forms.....

In short nothing short we need a public inquiry. Parliament should immediately commence investigation into this.

Pundit this is it for me in this Njoki dissenting opinion. Njoki went through all the forms? Counting, scrutinizing and perhaps tallying? As who? Where was the court at the time? With hindsight, this is the precise problem with Kenyan elections. As soon as voting is done or before voting is done, private persons mark, count, tally and transmit the resukts. This is what she did. She kniws we can't trust that. Did NIS help her?

[vooke]

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?

[Omollo]

I will look at her written judgment when Mucheru allows the judiciary website back online.

The registrar cannot be lying when Uhuru people were present and did not DISPUTE her findings and went ahead to sign. Their recorded objections are noted (both Raila and Uhuru) while other cases were not disputed. So where did Njoki obtain forms that previously missed serial numbers? Do bar codes grow back on forms? Do photo copies suddenly become original after a week of "growth"

Go slow on Choo.com kind of matusi. She has put his scrutiny on records. The questions now is why does he scrutiny differs with Nyakai's led process. Nothing prevent SCOK judges from doing her own scrutiny. In fact that is what the law expect them to do....not to delegate that job to the registar. Something clearly is broken here. It's either Njoki is lying or Nyakai is lying.

The report commissioned by the court - Njoki included - is there for all to see, She can rub each form 34 with her pussy a hundred times if she wishes but it will not change the facts.

What she did is to declare that there is no such thing as a forgery. She then went ahead to please her tribesmen and Pundit (assuming he stayed awake as we listened and watched the entire crap out of habit!)

The majority followed the dictates of the law. Forgeries, counterfeits are illegalities that confer no benefit and must be discarded. In Njoki's Uthamaki jurisprudence, if you turn up at the bank with bank notes amounting to 1 billion shillings, the bank manager must credit your account with the full amount even while knowing full well that all or most the said bank notes are counterfeit wash wash! Because in her opinion every bank note must count! Crap!

[Omollo]

I will scrutinize for academic purposes.

vooke do you think the judge hearing the Musando Inquest (whenever it is called) should conduct her own autopsy? Njoki could have ordered another exercise. BTW I have a lot of doubts that she had the time and capacity to do that in the limited time available.

Use your usually sharp mind to see through this.

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?

[RV Pundit]

After IEBC conducts elections the re-run on 17th October and Uhuru is sworn in - you can have them for breakfast, lunch and dinner. My worry was the Wakora 4 would aid Raila's attempt to paralyze IEBC by slicing key staff when we have one month to go.

Stop misleading yourself.  This was not a criminal proceeding. Tobiko should have been on this case as soon as the judges found illegalities.  Like Orengo said, Iebc HQ should have been treated as a crime scene and evidence secured and preserved. Tobiko only needed suspicion that crimes were committed to begin an investigation.  The findings by the court that illegalities were committed was more than mere suspicion and rose above the level of  "probable cause" which is usually enough to arrest people, and to get a search and seize warrants.  These were very serious allegations that;  election documents were altered and forged; that servers were hacked; that IEBC's individuals not authorized logged into the IEBC servers and made changes and deletions; that Chebukati's log in credentials was used without his knowledge, etc. Parliament should be right now putting together a committee to investigate these irregularities and illegalities as an independent body. 

If this was the US or some western country,  there would be a special prosecutor with teams of lawyers, ICT experts and all kinds of experts being put together to commence  the biggest round up and prosecution of a criminal enterprise that could end up with the president, his Deputy, and ministers going to jail. There would be parliamentary committees being formed and public hearings being commenced with subpoen's flying left right and center.  Kenya is truly still a banana republic and it is pathetic to watch how people casually deal with these high crimes and misdemeanors. 

NASA is not going to let this go. Those who think they have gotten away with murder like chirchir who logged in from Bomet should not start celebrating yet. Tobiko will be compelled to investigate this matter if he refuses to do so on his own. There is really nothing he has been waiting for to do his job. 

[vooke]

I will scrutinize for academic purposes.

vooke do you think the judge hearing the Musando Inquest (whenever it is called) should conduct her own autopsy?

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?

Bro
I found her claim preposterous and super easily disprovable. Someone should go for it. That's all.


Majority full Judgement
https://drive.google.com/file/d/0B2rMMQJiqMB8UHRlRzhUUXV3QlU/view?usp=drivesdk

Dissenting Opinion Jackton Ojwang
https://drive.google.com/file/d/0B2rMMQJiqMB8VzB5U21mTzZCZ3M/view?usp=drivesdk

Dissenting Opinion Njoki
https://drive.google.com/file/d/0B2rMMQJiqMB8eUpoLTJBWXFMYUE/view?usp=drivesdk

[Omollo]

Wake me up when the election is over and Uhuru is sworn in

[290] Suppose, however, that the candidates, or a candidate who took part in the original election, dies or abandons the electoral quest before the scheduled date: then the provisions of Article 138(1) (b) would become applicable, with fresh nominations ensuing.

After IEBC conducts elections the re-run on 17th October and Uhuru is sworn in - you can have them for breakfast, lunch and dinner.

[RV Pundit]

The issues then becomes did IEBC present different set of papers? Was there moles in IEBC who planted fake forms? If you read the scrutiny report - NASA seem to know which forms to look for? In short this call for public inquiry where all the parties involved get to testify. I'd expect parliament and Uhuru to do that - if Judiciary don't do this. Njoki should present his forms...and Nyakai her forms...and IEBC should explain why there is such discrepancies?

I will look at her written judgment when Mucheru allows the judiciary website back online.

The registrar cannot be lying when Uhuru people were present and did not DISPUTE her findings and went ahead to sign. Their recorded objections are noted (both Raila and Uhuru) while other cases were not disputed. So where did Njoki obtain forms that previously missed serial numbers? Do bar codes grow back on forms? Do photo copies suddenly become original after a week of "growth"

[RV Pundit]

Yeah it sure hurts the likes of Kadame or Omollo - coz they know Njoki methodologically deconstructed the main evidence used by the majority. She has my respect now. Lenaola has disappointed but Njoki has suprised with her thoroughness.

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?