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NASA moves to the Supreme Court
mobutu123
#741 Posted : Wednesday, August 30, 2017 10:50:20 AM
Rank: New-farer


Joined: 7/8/2017
Posts: 74
Bigchick wrote:
Someone help me understand James Aggrey Orengo.

I had the misfortune of watching him yesterday and was perturbed at his introduction of his own report different from what the court registrar had.The allegations therein were also extremely wild.

So what was that about?
Did he expect the others not to know?
What was his end game?

mrembo,tunaezabonga?Leo usitutusi pliz.
Angelica _ann
#742 Posted : Wednesday, August 30, 2017 10:51:00 AM
Rank: Elder


Joined: 12/7/2012
Posts: 11,929
masukuma wrote:
ngapat wrote:

this is silly Laughing out loudly

So who is the mole? it appears that someone is replying/writing... like really?


Thought so too.... though makes some good reading!!!!!
In the business world, everyone is paid in two coins - cash and experience. Take the experience first; the cash will come later - H Geneen
Rahatupu
#743 Posted : Wednesday, August 30, 2017 11:00:55 AM
Rank: Veteran


Joined: 12/4/2009
Posts: 1,982
Location: matano manne
mobutu123 wrote:
Kusadikika wrote:
The young lawyer for Ekuru Aukot is really good. He is not as eloquent and flamboyant as PLO Lumumba but on issues of law his presentation was solid and very well argued. His evidence was specific, accurate and verifiable. It is the kind of argument that the CEO of IEBC can make as required reading for his staff and would help to improve how future elections are conducted.

It will be interesting to hear how Justice Lenaola votes on the decision and to also read his opinion because the young lawyer really put him on the spot. It was his decision that inferred that if the process is flawed then the results are flawed as well.

Well put.who is interested in looking at numbers from a flawed process?When Ngatia said that the problems were all over,especially in NASA strongholds, he was simply lending credence to orengo's assertions that the process was flawed.so who was bright here?


De minis.....
masukuma
#744 Posted : Wednesday, August 30, 2017 11:01:25 AM
Rank: Elder


Joined: 10/4/2006
Posts: 13,822
Location: Nairobi
mobutu123 wrote:
Kusadikika wrote:
The young lawyer for Ekuru Aukot is really good. He is not as eloquent and flamboyant as PLO Lumumba but on issues of law his presentation was solid and very well argued. His evidence was specific, accurate and verifiable. It is the kind of argument that the CEO of IEBC can make as required reading for his staff and would help to improve how future elections are conducted.

It will be interesting to hear how Justice Lenaola votes on the decision and to also read his opinion because the young lawyer really put him on the spot. It was his decision that inferred that if the process is flawed then the results are flawed as well.

Well put.who is interested in looking at numbers from a flawed process?When Ngatia said that the problems were all over, especially in NASA strongholds, he was simply lending credence to orengo's assertions that the process was flawed.so who was bright here?

you are missing the point....
Where a party alleges non-conformity with the electoral law, the petitioner must not only prove that there has been noncompliance with the law, but that such failure of compliance did affect the validity of the elections.
there are 2 things at play here
1) compliance to the law/regulation
2) result of noncompliance affecting the results i.e. the will of the people not being heard as spoken. No one is saying that there were no mishaps... remember the election is not one event or act... it's an event/act carried out by over 300k staff across over 40k locations in the country and following the doctrine of "Omnia praesumuntur rite et solemniter esse acta" i.e. all OFFICIAL acts are deemed to have been conducted regularly and by the OFFICIAL duly required to do so. This means that 40,883 OFFICIAL acts of polling and counting were done as prescribed and are all assumed to be regular until identified as not being regular. 291 (290 + diaspora/prison) were deduced to have been conducted REGULARLY until proven otherwise. You cannot rubbish everything assumed to be regular on the basis of a technicality. NASA never made a claim that the results from those 3 coastal constituencies were irregular until they saw the form and said.. AHA! See!! There were no complainants on those results! All the stakeholders agreed and are not in dispute about those results - should the voice of the people of Likoni be invalidated because someone forgot to sign?
All Mushrooms are edible! Some Mushroom are only edible ONCE!
mobutu123
#745 Posted : Wednesday, August 30, 2017 11:13:46 AM
Rank: New-farer


Joined: 7/8/2017
Posts: 74
masukuma wrote:
mobutu123 wrote:
Kusadikika wrote:
The young lawyer for Ekuru Aukot is really good. He is not as eloquent and flamboyant as PLO Lumumba but on issues of law his presentation was solid and very well argued. His evidence was specific, accurate and verifiable. It is the kind of argument that the CEO of IEBC can make as required reading for his staff and would help to improve how future elections are conducted.

It will be interesting to hear how Justice Lenaola votes on the decision and to also read his opinion because the young lawyer really put him on the spot. It was his decision that inferred that if the process is flawed then the results are flawed as well.

Well put.who is interested in looking at numbers from a flawed process?When Ngatia said that the problems were all over, especially in NASA strongholds, he was simply lending credence to orengo's assertions that the process was flawed.so who was bright here?

you are missing the point....
Where a party alleges non-conformity with the electoral law, the petitioner must not only prove that there has been noncompliance with the law, but that such failure of compliance did affect the validity of the elections.
there are 2 things at play here
1) compliance to the law/regulation
2) result of noncompliance affecting the results i.e. the will of the people not being heard as spoken. No one is saying that there were no mishaps... remember the election is not one event or act... it's an event/act carried out by over 300k staff across over 40k locations in the country and following the doctrine of "Omnia praesumuntur rite et solemniter esse acta" i.e. all OFFICIAL acts are deemed to have been conducted regularly and by the OFFICIAL duly required to do so. This means that 40,883 OFFICIAL acts of polling and counting were done as prescribed and are all assumed to be regular until identified as not being regular. 291 (290 + diaspora/prison) were deduced to have been conducted REGULARLY until proven otherwise. You cannot rubbish everything assumed to be regular on the basis of a technicality. NASA never made a claim that the results from those 3 coastal constituencies were irregular until they saw the form and said.. AHA! See!! There were no complainants on those results! All the stakeholders agreed and are not in dispute about those results - should the voice of the people of Likoni be invalidated because someone forgot to sign?

weee!! wat was that again?
Now,can u explain slowly in a language ordinary kenyans can understand? unasema nini?
washiku
#746 Posted : Wednesday, August 30, 2017 11:19:28 AM
Rank: Chief


Joined: 5/9/2007
Posts: 13,095
masukuma
#747 Posted : Wednesday, August 30, 2017 11:26:08 AM
Rank: Elder


Joined: 10/4/2006
Posts: 13,822
Location: Nairobi
mobutu123 wrote:
masukuma wrote:
mobutu123 wrote:
Kusadikika wrote:
The young lawyer for Ekuru Aukot is really good. He is not as eloquent and flamboyant as PLO Lumumba but on issues of law his presentation was solid and very well argued. His evidence was specific, accurate and verifiable. It is the kind of argument that the CEO of IEBC can make as required reading for his staff and would help to improve how future elections are conducted.

It will be interesting to hear how Justice Lenaola votes on the decision and to also read his opinion because the young lawyer really put him on the spot. It was his decision that inferred that if the process is flawed then the results are flawed as well.

Well put.who is interested in looking at numbers from a flawed process?When Ngatia said that the problems were all over, especially in NASA strongholds, he was simply lending credence to orengo's assertions that the process was flawed.so who was bright here?

you are missing the point....
Where a party alleges non-conformity with the electoral law, the petitioner must not only prove that there has been noncompliance with the law, but that such failure of compliance did affect the validity of the elections.
there are 2 things at play here
1) compliance to the law/regulation
2) result of noncompliance affecting the results i.e. the will of the people not being heard as spoken. No one is saying that there were no mishaps... remember the election is not one event or act... it's an event/act carried out by over 300k staff across over 40k locations in the country and following the doctrine of "Omnia praesumuntur rite et solemniter esse acta" i.e. all OFFICIAL acts are deemed to have been conducted regularly and by the OFFICIAL duly required to do so. This means that 40,883 OFFICIAL acts of polling and counting were done as prescribed and are all assumed to be regular until identified as not being regular. 291 (290 + diaspora/prison) were deduced to have been conducted REGULARLY until proven otherwise. You cannot rubbish everything assumed to be regular on the basis of a technicality. NASA never made a claim that the results from those 3 coastal constituencies were irregular until they saw the form and said.. AHA! See!! There were no complainants on those results! All the stakeholders agreed and are not in dispute about those results - should the voice of the people of Likoni be invalidated because someone forgot to sign?

weee!! wat was that again?
Now,can u explain slowly in a language ordinary kenyans can understand? unasema nini?

All Mushrooms are edible! Some Mushroom are only edible ONCE!
washiku
#748 Posted : Wednesday, August 30, 2017 11:29:36 AM
Rank: Chief


Joined: 5/9/2007
Posts: 13,095
masukuma wrote:
mobutu123 wrote:
masukuma wrote:
mobutu123 wrote:
Kusadikika wrote:
The young lawyer for Ekuru Aukot is really good. He is not as eloquent and flamboyant as PLO Lumumba but on issues of law his presentation was solid and very well argued. His evidence was specific, accurate and verifiable. It is the kind of argument that the CEO of IEBC can make as required reading for his staff and would help to improve how future elections are conducted.

It will be interesting to hear how Justice Lenaola votes on the decision and to also read his opinion because the young lawyer really put him on the spot. It was his decision that inferred that if the process is flawed then the results are flawed as well.

Well put.who is interested in looking at numbers from a flawed process?When Ngatia said that the problems were all over, especially in NASA strongholds, he was simply lending credence to orengo's assertions that the process was flawed.so who was bright here?

you are missing the point....
Where a party alleges non-conformity with the electoral law, the petitioner must not only prove that there has been noncompliance with the law, but that such failure of compliance did affect the validity of the elections.
there are 2 things at play here
1) compliance to the law/regulation
2) result of noncompliance affecting the results i.e. the will of the people not being heard as spoken. No one is saying that there were no mishaps... remember the election is not one event or act... it's an event/act carried out by over 300k staff across over 40k locations in the country and following the doctrine of "Omnia praesumuntur rite et solemniter esse acta" i.e. all OFFICIAL acts are deemed to have been conducted regularly and by the OFFICIAL duly required to do so. This means that 40,883 OFFICIAL acts of polling and counting were done as prescribed and are all assumed to be regular until identified as not being regular. 291 (290 + diaspora/prison) were deduced to have been conducted REGULARLY until proven otherwise. You cannot rubbish everything assumed to be regular on the basis of a technicality. NASA never made a claim that the results from those 3 coastal constituencies were irregular until they saw the form and said.. AHA! See!! There were no complainants on those results! All the stakeholders agreed and are not in dispute about those results - should the voice of the people of Likoni be invalidated because someone forgot to sign?

weee!! wat was that again?
Now,can u explain slowly in a language ordinary kenyans can understand? unasema nini?



Laughing out loudly Laughing out loudly Laughing out loudly

Na hii De minus was mentioned in court just on the day Joho was in attendance.
mobutu123
#749 Posted : Wednesday, August 30, 2017 11:41:28 AM
Rank: New-farer


Joined: 7/8/2017
Posts: 74
washiku wrote:
masukuma wrote:
mobutu123 wrote:
masukuma wrote:
mobutu123 wrote:
Kusadikika wrote:
The young lawyer for Ekuru Aukot is really good. He is not as eloquent and flamboyant as PLO Lumumba but on issues of law his presentation was solid and very well argued. His evidence was specific, accurate and verifiable. It is the kind of argument that the CEO of IEBC can make as required reading for his staff and would help to improve how future elections are conducted.

It will be interesting to hear how Justice Lenaola votes on the decision and to also read his opinion because the young lawyer really put him on the spot. It was his decision that inferred that if the process is flawed then the results are flawed as well.

Well put.who is interested in looking at numbers from a flawed process?When Ngatia said that the problems were all over, especially in NASA strongholds, he was simply lending credence to orengo's assertions that the process was flawed.so who was bright here?

you are missing the point....
Where a party alleges non-conformity with the electoral law, the petitioner must not only prove that there has been noncompliance with the law, but that such failure of compliance did affect the validity of the elections.
there are 2 things at play here
1) compliance to the law/regulation
2) result of noncompliance affecting the results i.e. the will of the people not being heard as spoken. No one is saying that there were no mishaps... remember the election is not one event or act... it's an event/act carried out by over 300k staff across over 40k locations in the country and following the doctrine of "Omnia praesumuntur rite et solemniter esse acta" i.e. all OFFICIAL acts are deemed to have been conducted regularly and by the OFFICIAL duly required to do so. This means that 40,883 OFFICIAL acts of polling and counting were done as prescribed and are all assumed to be regular until identified as not being regular. 291 (290 + diaspora/prison) were deduced to have been conducted REGULARLY until proven otherwise. You cannot rubbish everything assumed to be regular on the basis of a technicality. NASA never made a claim that the results from those 3 coastal constituencies were irregular until they saw the form and said.. AHA! See!! There were no complainants on those results! All the stakeholders agreed and are not in dispute about those results - should the voice of the people of Likoni be invalidated because someone forgot to sign?

weee!! wat was that again?
Now,can u explain slowly in a language ordinary kenyans can understand? unasema nini?



Laughing out loudly Laughing out loudly Laughing out loudly

Na hii De minus was mentioned in court just on the day Joho was in attendance.

Brick wall d'oh!
washiku
#750 Posted : Wednesday, August 30, 2017 11:45:32 AM
Rank: Chief


Joined: 5/9/2007
Posts: 13,095
NASA had said that Raila won with 8m votes with Uhuru having 7m votes...They said if the servers are opened, that info will be there. They also said Musando's passwords were in use even after his death. So after the opening of servers, what happened?

freiks
#751 Posted : Wednesday, August 30, 2017 11:50:29 AM
Rank: Veteran


Joined: 6/8/2010
Posts: 1,732
washiku wrote:
NASA had said that Raila won with 8m votes with Uhuru having 7m votes...They said if the servers are opened, that info will be there. They also said Musando's passwords were in use even after his death. So after the opening of servers, what happened?



I wish you follow dikembe on twitter uone analysis ya servers even before servers were opened they knew what is there but in the SCORK report there was non, even Aggrey didnt mention anything substantive
Life is an endless adventure
masukuma
#752 Posted : Wednesday, August 30, 2017 11:57:15 AM
Rank: Elder


Joined: 10/4/2006
Posts: 13,822
Location: Nairobi
freiks wrote:
washiku wrote:
NASA had said that Raila won with 8m votes with Uhuru having 7m votes...They said if the servers are opened, that info will be there. They also said Musando's passwords were in use even after his death. So after the opening of servers, what happened?



I wish you follow dikembe on twitter uone analysis ya servers even before servers were opened they knew what is there but in the SCORK report there was non, even Aggrey didnt mention anything substantive


These guys were making up sh*t as they went along.
All Mushrooms are edible! Some Mushroom are only edible ONCE!
mobutu123
#753 Posted : Wednesday, August 30, 2017 12:10:39 PM
Rank: New-farer


Joined: 7/8/2017
Posts: 74
masukuma wrote:
freiks wrote:
washiku wrote:
NASA had said that Raila won with 8m votes with Uhuru having 7m votes...They said if the servers are opened, that info will be there. They also said Musando's passwords were in use even after his death. So after the opening of servers, what happened?



I wish you follow dikembe on twitter uone analysis ya servers even before servers were opened they knew what is there but in the SCORK report there was non, even Aggrey didnt mention anything substantive


These guys were making up sh*t as they went along.

if it was all sh*t,why did IEBC and ouru lawyers take over 10 hrs kujitetea?
Baratang
#754 Posted : Wednesday, August 30, 2017 12:19:55 PM
Rank: Member


Joined: 10/6/2009
Posts: 587
mobutu123 wrote:
masukuma wrote:
freiks wrote:
washiku wrote:
NASA had said that Raila won with 8m votes with Uhuru having 7m votes...They said if the servers are opened, that info will be there. They also said Musando's passwords were in use even after his death. So after the opening of servers, what happened?



I wish you follow dikembe on twitter uone analysis ya servers even before servers were opened they knew what is there but in the SCORK report there was non, even Aggrey didnt mention anything substantive


These guys were making up sh*t as they went along.

if it was all sh*t,why did IEBC and ouru lawyers take over 10 hrs kujitetea?

To discredit that shit and they did.smile
mobutu123
#755 Posted : Wednesday, August 30, 2017 12:31:51 PM
Rank: New-farer


Joined: 7/8/2017
Posts: 74
Baratang wrote:
mobutu123 wrote:
masukuma wrote:
freiks wrote:
washiku wrote:
NASA had said that Raila won with 8m votes with Uhuru having 7m votes...They said if the servers are opened, that info will be there. They also said Musando's passwords were in use even after his death. So after the opening of servers, what happened?



I wish you follow dikembe on twitter uone analysis ya servers even before servers were opened they knew what is there but in the SCORK report there was non, even Aggrey didnt mention anything substantive


These guys were making up sh*t as they went along.

if it was all sh*t,why did IEBC and ouru lawyers take over 10 hrs kujitetea?

To discredit that shit and they did.smile

Boss,let's be rational even for a few seconds.Serious issues have been raised and need to be addressed. The SCORK's
ruling will be the starting point whichever way it goes.
masukuma
#756 Posted : Wednesday, August 30, 2017 12:32:33 PM
Rank: Elder


Joined: 10/4/2006
Posts: 13,822
Location: Nairobi
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


tuanzie hapa... Who is the 'supreme' in this matter? it's Wanjiku, Athiambo, Fatuma, Nafula e.t.c. I.e. the Mwananchi!! What are elections? and why is election day special?

Quote:
Election Day is the one day when we strive to give an equal voice to every eligible voter! It’s the day that the woman working in the market has as much of a say as any wealthy banker or CEO. It’s the day that the illiterate have a voice that speaks as eloquently as that of a university professor.

that's what makes election day special... it facilatates this voice being heard... the law recognizes this by stating that

Quote:

No election shall be declared to be void by reason of non-compliance with any written law relating to that election if it appears that the election was conducted in accordance with the principles laid down in the Constitution and in that written law or that the non-compliance did not affect the result of the election.


That is the law... no one is saying that a certain legal requirement was not met... or that something else was not done properly! that there were no clerical errors... the bigger question is DID IT'S (that thing you are pointing at as being faulty) NOT BEING 'MET' AFFECT THE RESULTS OF THE SAID ELECTION? Did for example an RO not signing Form 34B for Likoni AFFECT THE RESULTS i.e. alter the wishes/voice of the people of Likoni? ELECTIONS ARE ALL ABOUT THE PEOPLE!! THE PEOPLE ARE SUPREME!! Was the voice of the woman selling in the market place heard? was the illiterate's voice heard? What we are arguing about is about the mechanics!! If the forms 34As images were not uploaded onto the server immediately after counting (a failure to adhere with the law - yes).... and are produced in court properly signed by all stakeholders and no one argues about the results there in 2007 style... would this result be cancelled?
All Mushrooms are edible! Some Mushroom are only edible ONCE!
thuks
#757 Posted : Wednesday, August 30, 2017 12:33:36 PM
Rank: Veteran


Joined: 10/8/2008
Posts: 1,575
Baratang wrote:
mobutu123 wrote:
masukuma wrote:
freiks wrote:
washiku wrote:
NASA had said that Raila won with 8m votes with Uhuru having 7m votes...They said if the servers are opened, that info will be there. They also said Musando's passwords were in use even after his death. So after the opening of servers, what happened?



I wish you follow dikembe on twitter uone analysis ya servers even before servers were opened they knew what is there but in the SCORK report there was non, even Aggrey didnt mention anything substantive


These guys were making up sh*t as they went along.

if it was all sh*t,why did IEBC and ouru lawyers take over 10 hrs kujitetea?

To discredit that shit and they did.smile

SAA hii ukichapwa na hiyo kitu na chokora, hutaoga?
I care!
masukuma
#758 Posted : Wednesday, August 30, 2017 12:40:51 PM
Rank: Elder


Joined: 10/4/2006
Posts: 13,822
Location: Nairobi
mobutu123 wrote:
masukuma wrote:
freiks wrote:
washiku wrote:
NASA had said that Raila won with 8m votes with Uhuru having 7m votes...They said if the servers are opened, that info will be there. They also said Musando's passwords were in use even after his death. So after the opening of servers, what happened?



I wish you follow dikembe on twitter uone analysis ya servers even before servers were opened they knew what is there but in the SCORK report there was non, even Aggrey didnt mention anything substantive


These guys were making up sh*t as they went along.

if it was all sh*t,why did IEBC and ouru lawyers take over 10 hrs kujitetea?

Sh*t was flying all over!!

....

Mpaka David Maraga was tired of this shit and called it out..
All Mushrooms are edible! Some Mushroom are only edible ONCE!
kaka2za
#759 Posted : Wednesday, August 30, 2017 12:53:06 PM
Rank: Elder


Joined: 10/3/2008
Posts: 4,057
Location: Gwitu
Anyone out there who thinks the petition will be successful?

Ok......You can put hands down now.
Truth forever on the scaffold
Wrong forever on the throne
(James Russell Rowell)
mobutu123
#760 Posted : Wednesday, August 30, 2017 12:55:17 PM
Rank: New-farer


Joined: 7/8/2017
Posts: 74

Am not a lawyer so pliz hii kizungu yako peleka kotini.mimi ni ule wa
deeminuus. On a serious note;Elections are about the people.You just said it.Was their voice heard?At this point in time, wewe na mimi hatujui.Only the SCORK will decide on friday. ua sio.
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