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IEBC: Wavinya Ndeti out
newfarer
#41 Posted : Thursday, June 08, 2017 11:09:12 PM
Rank: Elder


Joined: 3/19/2010
Posts: 3,504
Location: Uganda
Mutua was elected as a wiper governor, he formed maendeleo chapchap without resigning ,yet no one raised a finger.

the same iebc cleared wavinya to vie for governor is also the judge to bar her.
this will mess up the credibility of iebc.not good.
the decision will be seen more political victimisation and iebc seen as jubilee alienating Uhuruto further
punda amecheka
murchr
#42 Posted : Thursday, June 08, 2017 11:14:13 PM
Rank: Elder


Joined: 2/26/2012
Posts: 15,980
newfarer wrote:
Mutua was elected as a wiper governor, he formed maendeleo chapchap without resigning ,yet no one raised a finger.


IEBC gave a deadline on when people wanting to vie for positions need to have resigned from their parties, for the new outfits. Chap Chap was a movement at first and was registered later in 2016. Just like Jubilee party (TNA and URP), Chama Cha Mashinani party etc.

Wiper has poor planners and people who pay no close attention to detail. Reminds us of Kethi's debacle. The poor gal is yet to regain her credibility.

PS a Wiper MCA and Senator took this to the tribunal.


Quote:
Machakos Senator Johnson Muthama, in an affidavit being considered by the tribunal, says Wiper rules provide that for individuals to be cleared to run for governor on the party ticket, they must demonstrate active participation in party programmes three months prior to seeking its nomination.

The party provides a leeway through which one can be considered if the time is less than three months or a hopeful has not been active.

In such an event, Muthama says only the party’s National Executive Council may, for a good cause, exempt an applicant from the requirement.

“The National Executive Council has never met to exempt Wavinya Ndeti from the clear provision of Article 17.3.1 (IV) of the party constitution,” Muthama says.


"There are only two emotions in the market, hope & fear. The problem is you hope when you should fear & fear when you should hope: - Jesse Livermore
.
masukuma
#43 Posted : Thursday, June 08, 2017 11:39:11 PM
Rank: Elder


Joined: 10/4/2006
Posts: 13,822
Location: Nairobi
mkenyan wrote:
limanika wrote:
mkeiy wrote:
limanika wrote:
freiks wrote:
Any chance with Supreme court overturning the IEBC?

methinks she can still appeal..in lower courts first. by the time the matter gets to court of appeal or supreme court, elections will long be over..



I am not a lawyer but I think the status quo is,she's out.

She would have to overturn that in a court law which would take time. Then IEBC can drag it through appeals.

Good riddance. If she stays in the cold.


Am also not a lawyer but I think it depends on how her lawyers argue her plea. If case is strong, court could issue orders to iebc to keep her name on ballot till case is determined...coz if there's an active case and her name is not on ballot, she woould suffer prejudice

it is actually pretty easy. all she has to prove is that she had long resigned from her party (the non-wiper one). and all she would need to do is provide a letter to her party and to the registrar of political parties. all these can be conveniently back dated and stamped appropriately if they had not been done (remember this is kenya). and any appeal, if she gets a half competent advocate, shall be hard pretty fast. she is most likely going to be in the ballot. of course it might all backfire badly and end up like the kethi case.

yes...but will ORPP play ball?
All Mushrooms are edible! Some Mushroom are only edible ONCE!
murchr
#44 Posted : Friday, June 09, 2017 2:00:13 AM
Rank: Elder


Joined: 2/26/2012
Posts: 15,980
Someone else elsewhere wrote:
Facts are stubborn and as a matter of fact, it will be very difficult for any appeal to succeed given the existence of a written agreement between CCU and Wiper democratic Party dated 24/4/2017 seeking to say that both Parties have agreed that Hon. Wavinya Ndeti would by all means be the Wiper democratic Party candidate in the forth Coming general elections. That agreement not only prejudiced and infridged on the rights of any other interested gubernatorial candidates on Wiper democratic party but did so on the rights of any other gubernatorial candidates for CCU party the result of which was massive rigging witnessed in favour of Honourable Wavinya Ndeti during the nominations , which two nominations were subsequently annulled by the Political Parties Tribunal.

Instead of taking those two warning signs seriously and embark on serious negotiations that would see the Wiper house put in order and ensure all interested Parties are accommodated in a manner that they feel part and parcel, Wiper leadership trushed the two Court findings and went ahead unfettered to provocatively and with impunity propose the name of Hon.Wavinya Ndeti as their final candidate without due consultations whatsoever !!!.

Having said that, there is also the issue of a recent Court order dated 17 th of May 2017 from the High Court sitting at Nakuru that was obtained by deciet and failure to disclose material facts to the trial Court to the effect that Hon. Wavinya Ndeti is no longer a member of CCU Party. The Court order is to the effect that the Court recognises the CCU Party wing of Hon. Wavinya Ndeti as the legitimate leaders of CCU as the case revolved around the party ownership where there were two feuding wings of CCU Party.

That this was the Court order used to bar CCU candidates of the other wing from being accepted by IEBC and that the only candidates who were recognised by IEBC were those from Hon. Wavinya Ndeti wing. Before the Court orders were issued, Hon. Wavinya Ndeti and CCU Party were duty bound in-law to disclose material facts to the trial Court to the effect that Hon. Wavinya Ndeti had since ceased to be a member of CCU Party which they did not do, thus , the said Court orders were obtained by deciet and thus they can equally be challenged in Court.

Hon. Wavinya Ndeti meanwhile proceeded to sign nomination certificates for CCU nominated aspirants of her wing despite having resigned from CCU Party which makes even the said nomination certificates of all the other CCU aspirants a nullity in law should they be challenged.
In short, impunity continues to reign in both Wiper democratic Party and CCU Party.


Fidelity to the rule of law should never be the exception but should be the norm. Which ever way, Hon. Wavinya Ndeti will find herself in the fix.

I said from the on start that Wiper democratic Party and Hon. Wavinya Ndeti ought to have foreseen the eminent danger and desist from dealing with trivities and futile excercises and stop adopting antagonistic approaches and put their house in order and embrace Hon. Bernard Kiala so that at the end of the day, all interested parties are accommodated.



In Other news. Can someone translate this?





"There are only two emotions in the market, hope & fear. The problem is you hope when you should fear & fear when you should hope: - Jesse Livermore
.
freiks
#45 Posted : Friday, June 09, 2017 7:41:06 AM
Rank: Veteran


Joined: 6/8/2010
Posts: 1,732
Life is an endless adventure
freiks
#46 Posted : Friday, June 09, 2017 7:47:00 AM
Rank: Veteran


Joined: 6/8/2010
Posts: 1,732
limanika wrote:
mkeiy wrote:
limanika wrote:
freiks wrote:
Any chance with Supreme court overturning the IEBC?

methinks she can still appeal..in lower courts first. by the time the matter gets to court of appeal or supreme court, elections will long be over..



I am not a lawyer but I think the status quo is,she's out.

She would have to overturn that in a court law which would take time. Then IEBC can drag it through appeals.

Good riddance. If she stays in the cold.


Am also not a lawyer but I think it depends on how her lawyers argue her plea. If case is strong, court could issue orders to iebc to keep her name on ballot till case is determined...coz if there's an active case and her name is not on ballot, she woould suffer prejudice


we celebrated Orengo roasting Githu when AG said courts should limit themselves to judicial interpretations and leave politics alone, if courts go this way they will be vindicating AG and proving they have become political
Life is an endless adventure
FRM2011
#47 Posted : Friday, June 09, 2017 8:36:33 AM
Rank: Elder


Joined: 11/5/2010
Posts: 2,459
hardwood wrote:
The "advancement" or "civilisation" of a society can be judged by the status of its public toilets. And here mayakos leads while all other counties follow....thanks to Mutua.





Laughing out loudly Laughing out loudly Laughing out loudly Laughing out loudly Laughing out loudly Laughing out loudly Laughing out loudly Laughing out loudly Laughing out loudly

Can see you have been completely sold by Mutua's PR machinery. Good because Mutua's target audience has always been outside Machakos. At home, its a different matter altogether.

On citizen, he claimed Wiper leaders went to court to stop the city. That blatant lie has left residents burning with anger. He went inviting investors for a city before sorting out the land issue with the NLC. The only serious investor who had committed was Nairobi Hospital.

Did you know the people's park was built without a budgetary provision ? To date suppliers have never been paid. Not surprising though.

In Murang'a, residents have seen impact of interventions by the governor. Hass avocado prices have shot up from 1/- to 8/-. Milk prices have been set at a minimum 35/-. In Machakos, nothing on the ground.

One of the local mhindi billionaires got sold like you during the investor conference. He flew out and came back with about 4 serious investors from India. They booked an appointment with Mutua. The meeting took 5 minutes as the governor had more important matters to attend to. They realized too late that they were dealing with a guy of all-talk-and-no-action.

Iganamagana
#48 Posted : Friday, June 09, 2017 9:43:38 AM
Rank: Veteran


Joined: 3/27/2009
Posts: 1,437
murchr wrote:
newfarer wrote:
Mutua was elected as a wiper governor, he formed maendeleo chapchap without resigning ,yet no one raised a finger.


IEBC gave a deadline on when people wanting to vie for positions need to have resigned from their parties, for the new outfits. Chap Chap was a movement at first and was registered later in 2016. Just like Jubilee party (TNA and URP), Chama Cha Mashinani party etc.

Wiper has poor planners and people who pay no close attention to detail. Reminds us of Kethi's debacle. The poor gal is yet to regain her credibility.

PS a Wiper MCA and Senator took this to the tribunal.


Quote:
Machakos Senator Johnson Muthama, in an affidavit being considered by the tribunal, says Wiper rules provide that for individuals to be cleared to run for governor on the party ticket, they must demonstrate active participation in party programmes three months prior to seeking its nomination.

The party provides a leeway through which one can be considered if the time is less than three months or a hopeful has not been active.

In such an event, Muthama says only the party’s National Executive Council may, for a good cause, exempt an applicant from the requirement.

“The National Executive Council has never met to exempt Wavinya Ndeti from the clear provision of Article 17.3.1 (IV) of the party constitution,” Muthama says.




Haiya. I have never taken this man Muthama as a serious politician. Kumbe I was underestimating him? He appears to be a lethal guy.
mkenyan
#49 Posted : Friday, June 09, 2017 9:45:07 AM
Rank: Veteran


Joined: 4/1/2009
Posts: 1,884
murchr wrote:
Someone else elsewhere wrote:
Facts are stubborn and as a matter of fact, it will be very difficult for any appeal to succeed given the existence of a written agreement between CCU and Wiper democratic Party dated 24/4/2017 seeking to say that both Parties have agreed that Hon. Wavinya Ndeti would by all means be the Wiper democratic Party candidate in the forth Coming general elections. That agreement not only prejudiced and infridged on the rights of any other interested gubernatorial candidates on Wiper democratic party but did so on the rights of any other gubernatorial candidates for CCU party the result of which was massive rigging witnessed in favour of Honourable Wavinya Ndeti during the nominations , which two nominations were subsequently annulled by the Political Parties Tribunal.

Instead of taking those two warning signs seriously and embark on serious negotiations that would see the Wiper house put in order and ensure all interested Parties are accommodated in a manner that they feel part and parcel, Wiper leadership trushed the two Court findings and went ahead unfettered to provocatively and with impunity propose the name of Hon.Wavinya Ndeti as their final candidate without due consultations whatsoever !!!.

Having said that, there is also the issue of a recent Court order dated 17 th of May 2017 from the High Court sitting at Nakuru that was obtained by deciet and failure to disclose material facts to the trial Court to the effect that Hon. Wavinya Ndeti is no longer a member of CCU Party. The Court order is to the effect that the Court recognises the CCU Party wing of Hon. Wavinya Ndeti as the legitimate leaders of CCU as the case revolved around the party ownership where there were two feuding wings of CCU Party.

That this was the Court order used to bar CCU candidates of the other wing from being accepted by IEBC and that the only candidates who were recognised by IEBC were those from Hon. Wavinya Ndeti wing. Before the Court orders were issued, Hon. Wavinya Ndeti and CCU Party were duty bound in-law to disclose material facts to the trial Court to the effect that Hon. Wavinya Ndeti had since ceased to be a member of CCU Party which they did not do, thus , the said Court orders were obtained by deciet and thus they can equally be challenged in Court.

Hon. Wavinya Ndeti meanwhile proceeded to sign nomination certificates for CCU nominated aspirants of her wing despite having resigned from CCU Party which makes even the said nomination certificates of all the other CCU aspirants a nullity in law should they be challenged.
In short, impunity continues to reign in both Wiper democratic Party and CCU Party.


Fidelity to the rule of law should never be the exception but should be the norm. Which ever way, Hon. Wavinya Ndeti will find herself in the fix.

I said from the on start that Wiper democratic Party and Hon. Wavinya Ndeti ought to have foreseen the eminent danger and desist from dealing with trivities and futile excercises and stop adopting antagonistic approaches and put their house in order and embrace Hon. Bernard Kiala so that at the end of the day, all interested parties are accommodated.



In Other news. Can someone translate this?






if the parts in red are true, then the level of idiocy and incompetent displayed by wavinya in this matter is staggering. Pray Pray
mkenyan
#50 Posted : Friday, June 09, 2017 10:11:41 AM
Rank: Veteran


Joined: 4/1/2009
Posts: 1,884
masukuma wrote:
mkenyan wrote:
limanika wrote:
mkeiy wrote:
limanika wrote:
freiks wrote:
Any chance with Supreme court overturning the IEBC?

methinks she can still appeal..in lower courts first. by the time the matter gets to court of appeal or supreme court, elections will long be over..



I am not a lawyer but I think the status quo is,she's out.

She would have to overturn that in a court law which would take time. Then IEBC can drag it through appeals.

Good riddance. If she stays in the cold.


Am also not a lawyer but I think it depends on how her lawyers argue her plea. If case is strong, court could issue orders to iebc to keep her name on ballot till case is determined...coz if there's an active case and her name is not on ballot, she woould suffer prejudice

it is actually pretty easy. all she has to prove is that she had long resigned from her party (the non-wiper one). and all she would need to do is provide a letter to her party and to the registrar of political parties. all these can be conveniently back dated and stamped appropriately if they had not been done (remember this is kenya). and any appeal, if she gets a half competent advocate, shall be hard pretty fast. she is most likely going to be in the ballot. of course it might all backfire badly and end up like the kethi case.

yes...but will ORPP play ball?

most likely not. though you may get some juniors ready to stamp backdated documents. either way going by murchr's post above, if it is true, that path would most likely land her into kethi's situation.
masukuma
#51 Posted : Friday, June 09, 2017 10:36:40 AM
Rank: Elder


Joined: 10/4/2006
Posts: 13,822
Location: Nairobi
newfarer wrote:
Mutua was elected as a wiper governor, he formed maendeleo chapchap without resigning ,yet no one raised a finger.

the same iebc cleared wavinya to vie for governor is also the judge to bar her.
this will mess up the credibility of iebc.not good.
the decision will be seen more political victimisation and iebc seen as jubilee alienating Uhuruto further


2 facts
1) The IEBC has a dispute resolution mechanism built into it's processes. If you feel that an officer of the commission did something wrong - you can ask for that to be looked at and they will seat and like a court ask for evidence, witnesses e.t.c. (remember what happened with Kethi? Her case was taken through the IEBC dispute resolution mechanism and witnesses such as the returning officer for Langata were invited). Ukisikia hujapata justice - you now move to the courts or (the PPDT).
2) Mutua was elected wiper governor and he created chapchap. the whole lot of people that rukad ODM (akina Ababu ) are still outside but wanakula MPs salo! hiyo ni kesi kati ya chama na Speaker. IEBC does not get dragged into post election disputes.
All Mushrooms are edible! Some Mushroom are only edible ONCE!
Ngalaka
#52 Posted : Friday, June 09, 2017 10:42:22 AM
Rank: Veteran


Joined: 10/29/2008
Posts: 1,566
newfarer wrote:
Mutua was elected as a wiper governor, he formed maendeleo chapchap without resigning ,yet no one raised a finger.

the same iebc cleared wavinya to vie for governor is also the judge to bar her.
this will mess up the credibility of iebc.not good.
the decision will be seen more political victimisation and iebc seen as jubilee alienating Uhuruto further

d'oh! d'oh! d'oh!
Isuni yilu yi maa me muyo - ni Mbisuu
kaka2za
#53 Posted : Friday, June 09, 2017 11:43:50 AM
Rank: Elder


Joined: 10/3/2008
Posts: 4,057
Location: Gwitu
newfarer wrote:
Mutua was elected as a wiper governor, he formed maendeleo chapchap without resigning ,yet no one raised a finger.

the same iebc cleared wavinya to vie for governor is also the judge to bar her.
this will mess up the credibility of iebc.not good.
the decision will be seen more political victimisation and iebc seen as jubilee alienating Uhuruto further


Wiper Party actually tried to get him out.
http://www.kenyafreepress.com/t...g-stage-for-by-elections
Truth forever on the scaffold
Wrong forever on the throne
(James Russell Rowell)
Fyatu
#54 Posted : Friday, June 09, 2017 1:34:38 PM
Rank: Veteran


Joined: 1/20/2011
Posts: 1,820
Location: Nakuru
I have predicted this on this great forum before, that Kalonzo's Wiper party will have less than 10 MPs in the next parliament..
Dumb money becomes dumb only when it listens to smart money
Lolest!
#55 Posted : Friday, June 09, 2017 1:44:46 PM
Rank: Elder


Joined: 3/18/2011
Posts: 12,069
Location: Kianjokoma
Fyatu wrote:
I have predicted this on this great forum before, that Kalonzo's Wiper party will have less than 10 MPs in the next parliament..

None from coast, kisii?
Laughing out loudly smile Applause d'oh! Sad Drool Liar Shame on you Pray
Fyatu
#56 Posted : Friday, June 09, 2017 2:21:34 PM
Rank: Veteran


Joined: 1/20/2011
Posts: 1,820
Location: Nakuru
Lolest! wrote:
Fyatu wrote:
I have predicted this on this great forum before, that Kalonzo's Wiper party will have less than 10 MPs in the next parliament..

None from coast, kisii?


It will be tricky especially in the Coast as Wiper has been completely eclipsed by ODM and Jubilee.e.g., Huko Mombasa Sen. Hassan and Hon. Awiti have all gone for Joho's jugular and all indicators show that hawatafua dafu(Don't underestimate Shabal-Mwaboza combo). Huko Tana River watu "wako pamoja". Huko Taita Taveta kinyang'anyiro ni kati ya Jubilee na ODM(Jubilee has made serious in-roads in this sparsely populated county). Huko Kilifi ni ODM vs. Jubilee(The gubernatorial candidate for Wiper Prof. Katana dropped from the race under mysterious circumstances). Huko Kwale you know which side they will support. I cannot predict for Kisii.


Kalonzo has himself to blame. When Raila was "strengthening" ODM and Uhuruto were consolidating Jubilee, he and weta were going up and down the country telling Kenyans that it was their time to be pall-bearers. Now he is left with Malombe in Kitui as the fate of my good Prof is also not known
Dumb money becomes dumb only when it listens to smart money
madollar
#57 Posted : Friday, June 09, 2017 3:07:28 PM
Rank: Veteran


Joined: 11/17/2009
Posts: 2,038
Location: GA
Fyatu wrote:
I have predicted this on this great forum before, that Kalonzo's Wiper party will have less than 10 MPs in the next parliament..

What if wavinya is allowed to run the propaganda that will come with it is immeasurable. Could turnout to be a blessing in disguise for wiper
murchr
#58 Posted : Friday, June 09, 2017 4:28:50 PM
Rank: Elder


Joined: 2/26/2012
Posts: 15,980
Fyatu wrote:
Lolest! wrote:
Fyatu wrote:
I have predicted this on this great forum before, that Kalonzo's Wiper party will have less than 10 MPs in the next parliament..

None from coast, kisii?


It will be tricky especially in the Coast as Wiper has been completely eclipsed by ODM and Jubilee.e.g., Huko Mombasa Sen. Hassan and Hon. Awiti have all gone for Joho's jugular and all indicators show that hawatafua dafu(Don't underestimate Shabal-Mwaboza combo). Huko Tana River watu "wako pamoja". Huko Taita Taveta kinyang'anyiro ni kati ya Jubilee na ODM(Jubilee has made serious in-roads in this sparsely populated county). Huko Kilifi ni ODM vs. Jubilee(The gubernatorial candidate for Wiper Prof. Katana dropped from the race under mysterious circumstances). Huko Kwale you know which side they will support. I cannot predict for Kisii.


Kalonzo has himself to blame. When Raila was "strengthening" ODM and Uhuruto were consolidating Jubilee, he and weta were going up and down the country telling Kenyans that it was their time to be pall-bearers. Now he is left with Malombe in Kitui as the fate of my good Prof is also not known


Even Malombe its going to be very tricky. Malombe and Ngilu will share the Kitui votes then Musila will bag the Mwingi votes. Sasa fanya hio hesabu.

But Kalonzo's undoing came when the Wiper MPs complained about the on goings of the party, Kalonzo rubbished them and told them to toe the line since they were elected because of his name.
"There are only two emotions in the market, hope & fear. The problem is you hope when you should fear & fear when you should hope: - Jesse Livermore
.
newfarer
#59 Posted : Saturday, June 10, 2017 8:45:33 AM
Rank: Elder


Joined: 3/19/2010
Posts: 3,504
Location: Uganda
.
punda amecheka
newfarer
#60 Posted : Saturday, June 10, 2017 8:48:20 AM
Rank: Elder


Joined: 3/19/2010
Posts: 3,504
Location: Uganda
hope she comes back.
punda amecheka
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