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FundamentAli
#131 Posted : Friday, September 22, 2017 11:53:31 AM
Rank: Veteran

Joined: 11/4/2008
Posts: 1,289
Location: Nairobi
I am just asking myself, "Who has exhibited systematic failure in the process?" IEBC or SCOK?
Gathige
#132 Posted : Friday, September 22, 2017 12:44:02 PM
Rank: Elder

Joined: 3/29/2011
Posts: 2,242
kimanimsc wrote:
muganda wrote:
kimanimsc wrote:
freiks wrote:
Where can i get soft copy of Njoki's dissenting views

Njoki
Ojwang


While at it @kimanimsc, a link to the full majority judgement of the court, please?





Wakora Wanne had under 200 pages and one Dissenter had time to compile 400 pages, including a scrutiny of forms and issue an analysis report!
"Things that matter most must never be at the mercy of things that matter least." Goethe
muganda
#133 Posted : Friday, September 22, 2017 12:48:01 PM
Rank: Elder

Joined: 9/15/2006
Posts: 3,907
FundamentAli wrote:
I am just asking myself, "Who has exhibited systematic failure in the process?" IEBC or SCOK?

@FundamentAli, fundamentally... without relitigating the case, after a quick read of judgement and Maina Kiai case, IEBC were a bit casual with the importance of process emphasized by role of Form 34A.

Generally speaking, it's quite common for young tech savvy chaps to frown on the demands of older folk. Reminds me of Bill Gates' petulance towards the judges in 'US vs Microsoft Corp' that saw Microsoft lose the case and very nearly broken up.

How else can you explain stubborn refusal to allow access to the servers, and @masukuma's review of the eventual charade provided?
thuks
#134 Posted : Friday, September 22, 2017 1:00:52 PM
Rank: Veteran

Joined: 10/8/2008
Posts: 1,575
muganda wrote:
FundamentAli wrote:
I am just asking myself, "Who has exhibited systematic failure in the process?" IEBC or SCOK?

@FundamentAli, fundamentally... without relitigating the case, after a quick read of judgement and Maina Kiai case, IEBC were a bit casual with the importance of process emphasized by role of Form 34A.

Generally speaking, it's quite common for young tech savvy chaps to frown on the demands of older folk. Reminds me of Bill Gates' petulance towards the judges in 'US vs Microsoft Corp' that saw Microsoft lose the case and very nearly broken up.

How else can you explain stubborn refusal to allow access to the servers, and @masukuma's review of the eventual charade provided?

Except for wanjiku, (who has to clean after both 'giant gold goliaths'), the others have earned their pay check.
I care!
harrydre
#135 Posted : Friday, September 22, 2017 10:33:58 PM
Rank: Elder

Joined: 7/10/2008
Posts: 9,131
Location: Kanjo
mkenyan wrote:
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.


smile
i.am.back!!!!
murchr
#136 Posted : Friday, September 22, 2017 10:52:46 PM
Rank: Elder

Joined: 2/26/2012
Posts: 15,980
muganda wrote:
FundamentAli wrote:
I am just asking myself, "Who has exhibited systematic failure in the process?" IEBC or SCOK?

@FundamentAli, fundamentally... without relitigating the case, after a quick read of judgement and Maina Kiai case, IEBC were a bit casual with the importance of process emphasized by role of Form 34A.

Generally speaking, it's quite common for young tech savvy chaps to frown on the demands of older folk. Reminds me of Bill Gates' petulance towards the judges in 'US vs Microsoft Corp' that saw Microsoft lose the case and very nearly broken up.

How else can you explain stubborn refusal to allow access to the servers, and @masukuma's review of the eventual charade provided?



You cant access Safran's servers by a Kenyan court order. In simple terms Safran is not under Kenya's jurisdiction stop the pedestrian talk this is wazua.

http://www.judiciary.go....Report_29.8.2017%201.pdf
"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
.
Much Know
#137 Posted : Saturday, September 23, 2017 9:05:13 AM
Rank: Elder

Joined: 12/6/2008
Posts: 3,586
The judges were emphatic that numbers don't matter, a diss at "tyranny of numbers ", but democracies are simply about MAJORITY RULE, the root and history of democracy must be unknown to this judges, in democratic history, it does not matter whether the majority are white, Kikuyu, republican, democrat, conservative, this theories are not contested in the vote but simply the numbers, improving society and ridding it of biases and etnic tyranny of mumbers is the leaderships problem and hence a political solution, and social one including discussion in wazua e.t.c, education, not a legalistic one, remember it was courts keeping Mandel in jail, Kenyatta in jail, jailing youth for bhangi, detention without trial, enforcing the white only" rule for drinking beer in nairobi, courts are dangerous and can b le extremely stupid e.t.c the ruling is stupid and tribal and removing idiots who use a court in a Democratic country to introduce Communism and warped theories that go against the political and social theory of "majority rule" is ok and they can take an heitus to write about and market their new theory instead of quoting a case from India they don, understand, India is not a real democracy but a hybrid caste system with voting.
Ras Kienyeji Man
muganda
#138 Posted : Sunday, September 24, 2017 8:27:17 PM
Rank: Elder

Joined: 9/15/2006
Posts: 3,907
murchr wrote:
muganda wrote:
FundamentAli wrote:
I am just asking myself, "Who has exhibited systematic failure in the process?" IEBC or SCOK?

@FundamentAli, fundamentally... without relitigating the case, after a quick read of judgement and Maina Kiai case, IEBC were a bit casual with the importance of process emphasized by role of Form 34A.

Generally speaking, it's quite common for young tech savvy chaps to frown on the demands of older folk. Reminds me of Bill Gates' petulance towards the judges in 'US vs Microsoft Corp' that saw Microsoft lose the case and very nearly broken up.

How else can you explain stubborn refusal to allow access to the servers, and @masukuma's review of the eventual charade provided?



You cant access Safran's servers by a Kenyan court order. In simple terms Safran is not under Kenya's jurisdiction stop the pedestrian talk this is wazua.

http://www.judiciary.go....eport_29.8.2017%201.pdf


Only if facts matter - excerpts:
Scrutiny report: conclusions
Order M: ...therefore, the request was not granted
Order N: ...this request was not granted
Order O: ...this request was not granted

Full judgement: clauses
[267] ...had the court's order been complied with, it would have unraveled the mysterious puzzle surrounding Form34A. Regretably... only allowed read-only access to this information ... only two hours to the closure of Court proceedings which never fully happened anyway.

[277]The report from the Court appointed IT experts... shows clear reluctance on the part of IEBC to fully comply with this Court’s Order ...

washiku
#139 Posted : Sunday, September 24, 2017 8:29:59 PM
Rank: Chief

Joined: 5/9/2007
Posts: 13,095
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