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SC full judgement
Rank: Veteran Joined: 6/8/2010 Posts: 1,729
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Rank: New-farer Joined: 8/23/2015 Posts: 64 Location: nairobi
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At least Ojwang and Njoki's reasoning is very clear and logical. The other wakoras should be very ashamed.
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Rank: Chief Joined: 5/9/2007 Posts: 13,095
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Rank: Chief Joined: 5/9/2007 Posts: 13,095
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Rank: Elder Joined: 3/18/2011 Posts: 12,069 Location: Kianjokoma
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Quote:When Chief Justice David Maraga on September 1 read the order of the majority four judges of the Supreme Court nullifying President Uhuru Kenyatta’s election victory, he read a churchy statement as prologue. “The greatness of a nation lies in its fidelity to its Constitution and strict adherence to the rule of law, and above all the fear of God,” he said.
In the judgment delivered on Wednesday, Justice Maraga and the majority judges despoiled the Constitution, declared that the rule of three men and a woman is far superior to the rule of law, and joined a long list of human beings, starting with Adam and Eve, who openly defied God.\
Happily, the judgment brought to an end the Maraga Court’s priestly pretentions to holiness and constitutional fidelity.
To the court’s credit, the judgment makes no pretence that it was grounded on any known notion of the law. It is brimming with palpable deficiencies and obvious inconsistencies, is doctrinally incoherent, inelegant and insufficiently reasoned, and is defined by a disconcerting, undisciplined, and cavalier approach.
The law applicable to election disputes is universal. Our courts subscribe to that approach. For any court to nullify an election, the petitioner must show the court that the irregularities he complains of affect the result.
The test is simple and objective. It is a simple, mathematical approach. It rules out the subjective test that makes the judge rule on his emotions or political beliefs.
In this case, Mr Odinga’s case was cut for him. He was to show the court that the irregularities he complained of would lead to deductions of over 1.4 million from Mr Kenyatta’s numbers and a further addition to his numbers would show he was the winner. In 2013 he failed to satisfy the court with such a paltry figure. In 2017, according to Justice Maraga, Mr Odinga has satisfied the court. How? Very simple. Justice Maraga and his colleagues in the court changed the test from a legal one into a political one and ruled that Mr Odinga passed the test with flying colours. http://www.nation.co.ke/...105170-v6c1p6/index.html
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Rank: Elder Joined: 3/18/2011 Posts: 12,069 Location: Kianjokoma
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In the Kiai case, did the Appeals Court rule that constituency numbers are final? If so, doesn't it mean that form 34Bs filled at constituency level should be added up to declare final results from Form 34C? SO why is the IEBC chair bound to receive all Form 34As? What is he supposed to do with them?
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Rank: Elder Joined: 12/6/2008 Posts: 3,548
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Agree with thine adversary quickly, whiles thou art in the way with him; lest at any time the adversary deliver thee to the judge, and the judge deliver thee to the officer, and thou be cast into prison. Matthew 5:25 The ultimate teacher's instruction on the behavior of Judges, the law is an ass, never really works and is a bunch of opportunist who will always try and squueze money from the poorest souls ruthlessly. Illuminati. The sanahedrin who kazad their roho on Jesus was quite an advanced court. To waste 20billion, which can be given as an upkeep for perhaps 40,000 unemployed youthful graduate a stipend of 100k a month encouraging them to improve themselves or perhaps even innovate and employ other youth, will be thrown at morpho, al ghuriair e.t.c hapa hatupendani, ni pesa kila saa, and deals in courtrooms with politicians daughters keeping 1billion lobbying cash in their accounts as judges collect 20million in briefcases, all money from the poor farmer being circulated in useless greedy missions in nairobi, and we are supposed to develop , that's what countries like Japan, Switzerland, US, do, they develop their people not throw cash all over and then talk of trade imbalance and 20% interest rates, sisi ni wajinga sana! A New Kenya
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Rank: Elder Joined: 3/29/2011 Posts: 2,242
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Good piece of archive. Njoki's star rose after that. Unluckily, the other lawyer passed on early in his career. "Things that matter most must never be at the mercy of things that matter least." Goethe
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Rank: Elder Joined: 7/28/2015 Posts: 9,562 Location: Rodi Kopany, Homa Bay
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Lolest! wrote:In the Kiai case, did the Appeals Court rule that constituency numbers are final?
If so, doesn't it mean that form 34Bs filled at constituency level should be added up to declare final results from Form 34C?
SO why is the IEBC chair bound to receive all Form 34As? What is he supposed to do with them? Exactly that is where the #wakoracourt erred. The appeal court ruled that results announced at the constituency are final and as such chebuakati was only required to look at the 290 form 34Bs generated at the constituency and wasnt obliged to look at the 41,000 form 34As from polling stations. Therefore chebukati was right in announcing the final results without having the 10,000 form 34As. The 34As were only being submitted to IEBC Hq for record purposes. Infact Njoki Ndungu said she looked at the 290 Form 34Bs which are the ones chebukati was required to base his results on and all were OK.
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Rank: Elder Joined: 7/28/2015 Posts: 9,562 Location: Rodi Kopany, Homa Bay
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Gathige wrote:Good piece of archive. Njoki's star rose after that. Unluckily, the other lawyer passed on early in his career. Yep. She graduated top of her class at law school. Brilliant lawyer.
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Rank: Elder Joined: 7/22/2008 Posts: 2,698
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Did Smoooooooking write a judgement? Where is it?
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Rank: Elder Joined: 7/26/2007 Posts: 6,514
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Rank: Elder Joined: 12/7/2012 Posts: 11,901
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cash money aint everything In the business world, everyone is paid in two coins - cash and experience. Take the experience first; the cash will come later - H Geneen
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Rank: Member Joined: 5/5/2010 Posts: 95 Location: Nairobi
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Rank: Elder Joined: 2/26/2012 Posts: 15,979
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No, this is just mare propaganda by NASA. Njoki, judged the petition to the letter infact she noted that it was no different from the 2013 petition. She went in length to explain that the IT aspect in the Kenyan election was complementary distinguishing it from the US and Indian elections where voters vote on devices/Machines, highlighting the difference here being the US and Indian elections the ballot is electronic while in KE the ballot is paper. She questioned the credentials of the IT expert who put up the IT petition for NASA. She also analyzed in depth the Maina Kiai court of appeal ruling that the petition used in detail and interpretation infact even analyzing the Indian cases quoted. NASA wants to water that down but it should be out there for all to read. "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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Rank: Member Joined: 12/11/2006 Posts: 874
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Quote: Gordon Opiyo 1 hr · True Story: why Supreme Court had to change date of reading Judgement from Tuesday to Wednesday::- The Majority decision ready on Monday had very specific orders against Ezra Chiloba and three Directors. It largely mirrored what Orengo had been preaching about the "suspects". However, when they got copies of the minority decision, especially the Njoki Ndung'u confirmation that their Decision to nullify elections on alleged unsigned forms, and missing serial numbers was based on false reports from Registrar and the Court Appointed Experts, they had to hurriedly change. Faced with such huge shame, that he made decision based on false reports, and he failed to Countercheck, Justice Wanjala took off to Britain. Meanwhile, Chiloba survived, after it emerged that it was Chebukati who presented a fake Final Form. Indicting Chiloba and letting off Chebukati - the Coup Plot guy inside IEBC- would make no sense. Raila and the Coup Plotters needed Chiloba out so that the cooking of results would easily take place at IEBC. The fact that the Ruling never ordered the removal of Chiloba is what infuriated Raila yesternight. We shall keep you updated about the Coup Plot that is slowly and surely collapsing....
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Very plausible in light of Chebukati's two prematurely 'leaked' memos, each of which he ended up claiming was not a reflection of things in the IEBC, yet the damage to Chiloba cannot be erased. Chebukati is the evil link in that commission. “Invest in yourself. Your career is the engine of your wealth.”
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Rank: Member Joined: 8/10/2008 Posts: 480
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Being a new petition, all the 7 SCJ will sit. Ojwang, Njoki , Ibrahim - Support petition Maraga, Mwilu, Lenaola - Oppose petition 3 - 3 means the status quo remains (nullification of 8/8 election stands) Big Q - which side do you think Smokin will vote? Yes that guy who couldn't postpone his flight by 12hours to read a 'historic' judgement.
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Rank: Elder Joined: 2/22/2009 Posts: 2,449 Location: Africa
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ngapat wrote:Quote: Gordon Opiyo 1 hr · True Story: why Supreme Court had to change date of reading Judgement from Tuesday to Wednesday::- The Majority decision ready on Monday had very specific orders against Ezra Chiloba and three Directors. It largely mirrored what Orengo had been preaching about the "suspects". However, when they got copies of the minority decision, especially the Njoki Ndung'u confirmation that their Decision to nullify elections on alleged unsigned forms, and missing serial numbers was based on false reports from Registrar and the Court Appointed Experts, they had to hurriedly change. Faced with such huge shame, that he made decision based on false reports, and he failed to Countercheck, Justice Wanjala took off to Britain. Meanwhile, Chiloba survived, after it emerged that it was Chebukati who presented a fake Final Form. Indicting Chiloba and letting off Chebukati - the Coup Plot guy inside IEBC- would make no sense. Raila and the Coup Plotters needed Chiloba out so that the cooking of results would easily take place at IEBC. The fact that the Ruling never ordered the removal of Chiloba is what infuriated Raila yesternight. We shall keep you updated about the Coup Plot that is slowly and surely collapsing....
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Very plausible in light of Chebukati's two prematurely 'leaked' memos, each of which he ended up claiming was not a reflection of things in the IEBC, yet the damage to Chiloba cannot be erased. Chebukati is the evil link in that commission. This use of falsified evidence sounds criminal to me and I'm wondering why more noise is not being made about it. NASA clearly conspired with judiciary staff yet not much is being said about it. Is it possible to sue those involved?
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Rank: Elder Joined: 7/10/2008 Posts: 9,131 Location: Kanjo
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ngapat wrote:Quote: Gordon Opiyo 1 hr · True Story: why Supreme Court had to change date of reading Judgement from Tuesday to Wednesday::- The Majority decision ready on Monday had very specific orders against Ezra Chiloba and three Directors. It largely mirrored what Orengo had been preaching about the "suspects". However, when they got copies of the minority decision, especially the Njoki Ndung'u confirmation that their Decision to nullify elections on alleged unsigned forms, and missing serial numbers was based on false reports from Registrar and the Court Appointed Experts, they had to hurriedly change. Faced with such huge shame, that he made decision based on false reports, and he failed to Countercheck, Justice Wanjala took off to Britain. Meanwhile, Chiloba survived, after it emerged that it was Chebukati who presented a fake Final Form. Indicting Chiloba and letting off Chebukati - the Coup Plot guy inside IEBC- would make no sense. Raila and the Coup Plotters needed Chiloba out so that the cooking of results would easily take place at IEBC. The fact that the Ruling never ordered the removal of Chiloba is what infuriated Raila yesternight. We shall keep you updated about the Coup Plot that is slowly and surely collapsing....
******
Very plausible in light of Chebukati's two prematurely 'leaked' memos, each of which he ended up claiming was not a reflection of things in the IEBC, yet the damage to Chiloba cannot be erased. Chebukati is the evil link in that commission. He he he...the chickens coming home? i.am.back!!!!
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Rank: Veteran Joined: 4/1/2009 Posts: 1,882
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Kusadikika wrote:Did Smoooooooking write a judgement? Where is it? you mean you sat through all that and failed to grasped the simplest of what was said? anyways, the majority had one judgement and the three who read it read from various parts of it.
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