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The unanimous decision
Rank: Elder Joined: 2/26/2008 Posts: 4,449
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2012 wrote:I think lawyer Oraro also let the petitioner down. He knew very well that he had one week to file his case, I even knew that and I'm far from being a lawyer so I don't get how he starts introducing that 900 pager four days after the deadline. I don't think that's a lawyer I'd want representing me. Anyway it's not like I can afford him. That charade of introducing a 900 page document of 'evidence' is playing to the gallery. Claim you lost the petition because your "evidence was rejected"...Soft landing so that burukenge people forever cry and wail they were denied justice.
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Rank: Elder Joined: 9/15/2006 Posts: 3,908
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For me the best lawyers were Ahmednasir/Ngatia and Kethi Kilonzo. Easy to presume the judgement paints a lawyer good or another bad, but that's shallow. The evidence submitted clearly proved there were irregularities (referred to as clerical errors by Respondents). However the judgement unequivocally indicated when all was considered, election remained free, fair, transparent, and credible. Realise the justices had a duty to balance constitutional, individual, public and national interests. Chief Justice, WM wrote:The duty of this court is to do what is right, according to the Constitution and the law.
This Court understands that as final arbiter, the impact of its decision will extend beyond the parties in the petitions, and will shape society and affect everyday life. This is not a light obligation, but we are ready to discharge it.
All Kenyans could be missionaries of justice if they shed their ethnic, religious, racial, regional, generational, gender, class, and clan blinkers.
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Rank: Elder Joined: 9/7/2010 Posts: 2,148 Location: elderville
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harrydre wrote:I don't think it was unanimous but then again The Mutunga court had to appear a united court. My view. That MP is wasting his time. Seems like stupid never ended with the 10th Parliament. If I were Jubilee I would support that motion or anything that allows me to kick out the independent judges and with control of Parliament replace them with judges of my persuasion. He who can express in words the ardour of his love, has but little love to express. - Petrach, Son. (That men by various ways arrive at the same end. - Montaigne, The Essays of.)
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Rank: Veteran Joined: 11/20/2009 Posts: 1,402
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You can do better (in terms of winning your case) if you can avoid making the following common "court etiquette" mistakes:
1. Bringing up unrelated cases or issues.
2. Not answering questions directly
3. Lying.
4. Antagonizing or bumping heads with judges
5. Forgetting to bring supporting documentation
6. Not bringing important witnesses.
7. Talking longer than necessary
8. Acting inappropriately or weirdly
9. Failing to show proper respect for the judge and the court.
10. Not doing extensive research
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Rank: Elder Joined: 9/7/2010 Posts: 2,148 Location: elderville
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limanika wrote:As a result of Mutahi’s tyranny of numbers and realisation that the election was as good as won during voter registration, RAilonzo realised that even in a run-off, they stood no chance of winning unless a fresh voter registration is carried out and they seek a way to beef up voter numbers in their strongholds. The main aim of the petition was thus to look for every reason to discredit the voter register and force a new process afresh. This being an uphill task already, they anyway thought that the legendary Oraro will manage to pull some trick up his sleeve in court and convince the judges. Their petition was therefore more self-seeking and not in utmost good faith, and any reasonable observer / judge could see this through their teeth.
I mean, why would anyone put the country at ransom without blinking an eyelid just to achieve their wildest dream? What is there to gain really?
Then why do you think the Respondents were never granted costs whereas costs usually follow the cause? It appears that the Judges seem to disagree with you. He who can express in words the ardour of his love, has but little love to express. - Petrach, Son. (That men by various ways arrive at the same end. - Montaigne, The Essays of.)
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Rank: Elder Joined: 9/15/2006 Posts: 3,908
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@Muheani surely, your comments are patronizing. Ahmednassir severally cited rulings in Bush vs Gore and Museveni vs Besigye. In both these cases, the Petitioner had solid ground for their pleas. Pray explain how your prescribed remedies would have affected outcome (in terms of winning your case)? Muheani wrote:You can do better (in terms of winning your case) if you can avoid making the following common "court etiquette" mistakes:
1. Bringing up unrelated cases or issues.
2. Not answering questions directly
3. Lying.
4. Antagonizing or bumping heads with judges
5. Forgetting to bring supporting documentation
6. Not bringing important witnesses.
7. Talking longer than necessary
8. Acting inappropriately or weirdly
9. Failing to show proper respect for the judge and the court.
10. Not doing extensive research
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Rank: Veteran Joined: 11/20/2009 Posts: 1,402
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muganda wrote:@Muheani surely, your comments are patronizing. Ahmednassir severally cited rulings in Bush vs Gore and Museveni vs Besigye. In both these cases, the Petitioner had solid ground for their pleas.
Pray explain how your prescribed remedies would have affected outcome (in terms of winning your case)?
[/quote] @Muganda the 10 points..you can actually add more..are for anyone with a court case. I consider the SOC decision already done and however much we try to analyse the decision...we will get an answer by 20th?
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Rank: Elder Joined: 9/15/2006 Posts: 3,908
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Okay I'm on the wrong here. From the flow of the thread, I presumed your comments were specifically directed at the losers in the decision. Pole! Muheani wrote:@Muganda
the 10 points..you can actually add more..are for anyone with a court case. I consider the SOC decision already done and however much we try to analyse the decision...we will get an answer by 20th?
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Rank: Veteran Joined: 11/4/2008 Posts: 1,289 Location: Nairobi
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On the issue of cost, I heard in a debate that the petition and considerations to the Judgement were matter of Public interest. Therefore having a party pay for the Public is not right.
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Rank: Elder Joined: 6/27/2008 Posts: 4,114
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Obi 1 Kanobi wrote:I would have been surprised if any judge voted for the petition.
Oraro (the good lawyer he is) did a good job of making a fist out of dust, and cast doubt on a matter that originally lacked substance.
In short, I don't think the Cord case had any merit.
Any way, election kwisha, Cord lost fairly, its not the end of the world. I hope they come up with a better plan in 2017. Tutakuwa nyuma yao regardless of how UHURUTO perform. That statement summarises the nature of Kenyan politics: that is, it doesn't matter what you do to uplift the society, if you are not in "our camp", we shall never vote for you! Conversely, it doesn't matter how much you destroy the Kenyan society, if you are in our camp. we shall always vote for you. God help us! Nothing is real unless it can be named; nothing has value unless it can be sold; money is worthless unless you spend it.
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The unanimous decision
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