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NASA moves to the Supreme Court
Ngalaka
#11 Posted : Wednesday, August 16, 2017 5:11:09 PM
Rank: Veteran

Joined: 10/29/2008
Posts: 1,566
The written statement is awash with attempts to armtwist/intimidate the court.

However, in court its lawyers who argue the case on behalf of their clients.

Even if one of those lawyers be Orengo, they all have to submit to the authority of the court.

Another loss and humiliation awaits NASA there.

Who will save these guys from themselves.
Isuni yilu yi maa me muyo - ni Mbisuu
Angelica _ann
#12 Posted : Wednesday, August 16, 2017 5:11:10 PM
Rank: Elder

Joined: 12/7/2012
Posts: 11,939
Shak wrote:
Looking forward to watching star lawyer, Fred Ngatia shred their evidence to pieces


Also get money to finish his mammoth building hapo 'Community' smile
In the business world, everyone is paid in two coins - cash and experience. Take the experience first; the cash will come later - H Geneen
murchr
#13 Posted : Wednesday, August 16, 2017 5:14:17 PM
Rank: Elder

Joined: 2/26/2012
Posts: 15,980
Kusadikika wrote:
Don't be too quick to celebrate. The court is not there to decide if Baba or Uhuru won they are there to determine if the results announced were credible. Strictly speaking if NASA can show that 4 votes were stolen here and another 4 there and so on even if the total number comes to 20 or 100 a rogue judiciary can justifiably rule that the results are not credible and that the whole exercise should be repeated.

IEBC should take this very seriously and make sure they have solid evidence and have a competent legal team. They should not assume that they are safe. Go through all the numbers and documents with a tooth comb.



The Judiciary will have to weigh if that is enough to call a largely credible system a sham. Remember courts exist for fairness
"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
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Ngalaka
#14 Posted : Wednesday, August 16, 2017 5:15:31 PM
Rank: Veteran

Joined: 10/29/2008
Posts: 1,566
Kusadikika wrote:
Don't be too quick to celebrate. The court is not there to decide if Baba or Uhuru won they are there to determine if the results announced were credible. Strictly speaking if NASA can show that 4 votes were stolen here and another 4 there and so on even if the total number comes to 20 or 100 a rogue judiciary can justifiably rule that the results are not credible and that the whole exercise should be repeated.

IEBC should take this very seriously and make sure they have solid evidence and have a competent legal team. They should not assume that they are safe. Go through all the numbers and documents with a tooth comb.

Nothing to worry about.
It would take a mad court to undo what the majority of Kenyans pronounced themselves on.
Isuni yilu yi maa me muyo - ni Mbisuu
harrydre
#15 Posted : Wednesday, August 16, 2017 5:22:56 PM
Rank: Elder

Joined: 7/10/2008
Posts: 9,131
Location: Kanjo
I was really waiting for the statement to include something like all those elected under NASA will not assume any positions.
i.am.back!!!!
Wakanyugi
#16 Posted : Wednesday, August 16, 2017 5:24:36 PM
Rank: Veteran

Joined: 7/3/2007
Posts: 1,635
Kusadikika wrote:
Don't be too quick to celebrate. The court is not there to decide if Baba or Uhuru won they are there to determine if the results announced were credible. Strictly speaking if NASA can show that 4 votes were stolen here and another 4 there and so on even if the total number comes to 20 or 100 a rogue judiciary can justifiably rule that the results are not credible and that the whole exercise should be repeated.

IEBC should take this very seriously and make sure they have solid evidence and have a competent legal team. They should not assume that they are safe. Go through all the numbers and documents with a tooth comb.


I am not a lawyer so I defer to better minds. But I would imagine that the courts overriding motivation is not to determine perfection (an impossibility) but whether the peoples will was thwarted, by IEBC or other agent.

So NASA may show instances of tallying errors here and there but unless they can demonstrate that these had a material effect on the final outcome they will lose.
"The opposite of a correct statement is a false statement. But the opposite of a profound truth may well be another profound truth." (Niels Bohr)
vky
#17 Posted : Wednesday, August 16, 2017 5:30:47 PM
Rank: Member

Joined: 6/17/2010
Posts: 572
It was a legal requirement for IEBC to announce results backed by form 34A at the time of tallying and it is very apparent that IEBC did not meet this threshold, this alone invalidates the whole election process, it will not be a walk in the park
'One headache for famous medieval holy people was that someone might murder you to acquire your body parts for the relics trade'
Ngalaka
#18 Posted : Wednesday, August 16, 2017 5:36:54 PM
Rank: Veteran

Joined: 10/29/2008
Posts: 1,566
vky wrote:
It was a legal requirement for IEBC to announce results backed by form 34A at the time of tallying and it is very apparent that IEBC did not meet this threshold, this alone invalidates the whole election process, it will not be a walk in the park

I dont know about that!
Isuni yilu yi maa me muyo - ni Mbisuu
Wakanyugi
#19 Posted : Wednesday, August 16, 2017 5:39:32 PM
Rank: Veteran

Joined: 7/3/2007
Posts: 1,635
vky wrote:
It was a legal requirement for IEBC to announce results backed by form 34A at the time of tallying and it is very apparent that IEBC did not meet this threshold, this alone invalidates the whole election process, it will not be a walk in the park


This where Chebukati might prove to be the cunning Sungura here. I recall him being very careful to say that the results scrolling on TV screens were provisional, not the final tally. And then keeping us all waiting last Friday apparently for the Constituency forms to be delivered. It will be a herculean task to show he didn't follow the law here. Not to forget that the case can not be decided on technicality (which would be madness) but on overall intent and effect.

NASA have a mountain to climb. The one thing that can help them is if they can prove the computer algorithm thing but having seen the embarrassing server debacle earlier, I am not holding my breath.

I believe this charade is meant to offer Baba a way out with his face intact. But we shall see
"The opposite of a correct statement is a false statement. But the opposite of a profound truth may well be another profound truth." (Niels Bohr)
murchr
#20 Posted : Wednesday, August 16, 2017 5:39:51 PM
Rank: Elder

Joined: 2/26/2012
Posts: 15,980
vky wrote:
It was a legal requirement for IEBC to announce results backed by form 34A at the time of tallying and it is very apparent that IEBC did not meet this threshold, this alone invalidates the whole election process, it will not be a walk in the park



Those forms were filled and signed at the tallying station. Results were announced by the ROs at the tallying station.

The display on your screen was as a result of what was transmitted through KIEMS and what was uploaded.

NOTE: The votes were tallied in the presence of agents forms filled and results announced at the tallying stations per the law.

The transmission to Bomas is a non issue.
"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
.
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