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IEBC showdown today!!!!!!!!
Rank: Veteran Joined: 4/1/2009 Posts: 1,884
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Liv wrote: Who advises IEBC?
Judge Odunga had already expressed himself in this case earlier and made a judgement on the matter similar to the one delivered today. IEBC should have objected to him being part of the 3 judge bench or demanded the bench to have 5 judges. IEBC set themselves up for failure as they knew the views of the one judge already and this should have been stopped for a fair hearing.
What the court is ordering is impossible and very risky. Anyone can interfere or even stop the procurement process through injunctions and the like and there will be no election on 8817.
Way forward now?
IEBC must appeal and if the case must go to the Supreme case, so be it. Eventually if the superior court supports today's ruling , it is expected they will advise how the country goes about postponing the elections and how executive governance will be composed at the national level.
Meanwhile there should be a stay of today's ruling and the printing of ballots should continue until the superior courts express themselves in this matter.
Uncertainty
The silver lining in this matter is that the uncertainty will most probably results in lower prices at the NSE and will give an opportunities for some of us to get into the buses that had already left....lol
think you started you post on the premise that justice odunga was the sole cause of 'all there', then realized they were three judges (and only one with an o name for that matter) so you had to change to a 5 judges bench. a 5 judges bench would have at best for iebc only meant that 3 out of 5 judges held the same way as of now. like you i too wonder who advises them. for a body with a legal department (and a bright advocate ceo and chairman -?- ) they seem to be getting all these legal interpretations wrong a lot.
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Rank: Elder Joined: 12/9/2009 Posts: 6,592 Location: Nairobi
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limanika wrote:Liv wrote: Who advises IEBC?
Judge Odunga had already expressed himself in this case earlier and made a judgement on the matter similar to the one delivered today. IEBC should have objected to him being part of the 3 judge bench or demanded the bench to have 5 judges. IEBC set themselves up for failure as they knew the views of the one judge already and this should have been stopped for a fair hearing.
What the court is ordering is impossible and very risky. Anyone can interfere or even stop the procurement process through injunctions and the like and there will be no election on 8817.
Way forward now?
IEBC must appeal and if the case must go to the Supreme case, so be it. Eventually if the superior court supports today's ruling , it is expected they will advise how the country goes about postponing the elections and how executive governance will be composed at the national level.
Meanwhile there should be a stay of today's ruling and the printing of ballots should continue until the superior courts express themselves in this matter.
Uncertainty
The silver lining in this matter is that the uncertainty will most probably results in lower prices at the NSE and will give an opportunities for some of us to get into the buses that had already left....lol
Also wondering which lawyers advises IEBC...Why cant they advise IEBC to stop arguing or prosecuting their case in the media, to start with? All the arguments IEBC and Govt were relying on were in public domain..they dispatch statement to media explaining their position (prejudicial) then rush to court to give same arguments and expect judges to fall over themselves and rule in their favor? By the way the case is more political, so strategy is as important, if not more important than raw facts of the law. That said, arguing against the ruling by high court would be like an open book exam for any bright law student. The arguments that make the ruling void in law are right there under the nose. But with lack of tact by IEBC, Govt and jubilee lawyers, am not very sure they will win... Unfortunately I don't think IEBC enjoy the luxury or choice of not making everything public. They are new and they are being held to very high account. The election is the single most public matter there can be. It is just unfortunate that they will be the bashing kids for everything and especially when NASA loses. They need to be brave, be above board and get one of those prominent lawyers. The prominent ones seem to get their way around in the courts.
BBI will solve it :)
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Rank: Elder Joined: 7/28/2015 Posts: 9,562 Location: Rodi Kopany, Homa Bay
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Simply put, IEBC should hold public barazas in every part of Kenya before awarding the tender for presidential ballots. Otherwise I may also go to court to stop the election if my shosho in the village is not consulted.
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Rank: Elder Joined: 12/9/2009 Posts: 6,592 Location: Nairobi
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I hope they all realizes that a contract had been signed with the printer and they have to be paid their 2b whichever way.
BBI will solve it :)
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Rank: Veteran Joined: 9/21/2011 Posts: 2,032
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2012 wrote:limanika wrote:Liv wrote: Who advises IEBC?
Judge Odunga had already expressed himself in this case earlier and made a judgement on the matter similar to the one delivered today. IEBC should have objected to him being part of the 3 judge bench or demanded the bench to have 5 judges. IEBC set themselves up for failure as they knew the views of the one judge already and this should have been stopped for a fair hearing.
What the court is ordering is impossible and very risky. Anyone can interfere or even stop the procurement process through injunctions and the like and there will be no election on 8817.
Way forward now?
IEBC must appeal and if the case must go to the Supreme case, so be it. Eventually if the superior court supports today's ruling , it is expected they will advise how the country goes about postponing the elections and how executive governance will be composed at the national level.
Meanwhile there should be a stay of today's ruling and the printing of ballots should continue until the superior courts express themselves in this matter.
Uncertainty
The silver lining in this matter is that the uncertainty will most probably results in lower prices at the NSE and will give an opportunities for some of us to get into the buses that had already left....lol
Also wondering which lawyers advises IEBC...Why cant they advise IEBC to stop arguing or prosecuting their case in the media, to start with? All the arguments IEBC and Govt were relying on were in public domain..they dispatch statement to media explaining their position (prejudicial) then rush to court to give same arguments and expect judges to fall over themselves and rule in their favor? By the way the case is more political, so strategy is as important, if not more important than raw facts of the law. That said, arguing against the ruling by high court would be like an open book exam for any bright law student. The arguments that make the ruling void in law are right there under the nose. But with lack of tact by IEBC, Govt and jubilee lawyers, am not very sure they will win... Unfortunately I don't think IEBC enjoy the luxury or choice of not making everything public. They are new and they are being held to very high account. The election is the single most public matter there can be. It is just unfortunate that they will be the bashing kids for everything and especially when NASA loses. They need to be brave, be above board and get one of those prominent lawyers. The prominent ones seem to get their way around in the courts. I disagree, there is something they can do, should do..just yesterday, IEBC chairman dispatches statement to media stating they are going to appeal...and goes on to say directly or indirectly why IEBC thinks CA should rule in his favor..I mean who does this? He should just say "IEBC will seek advise from its laywers on next course of action" Good old practice! And they can advise media and commentators to desist from making public comments on the matter since it is in court. Jubilee also issuing statement on how the ruling will affect election is totally tactless. Why then go to court? What do you want the court to determine?
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Rank: Elder Joined: 9/19/2015 Posts: 2,871 Location: hapo
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mkenyan wrote:Liv wrote: Who advises IEBC?
Judge Odunga had already expressed himself in this case earlier and made a judgement on the matter similar to the one delivered today. IEBC should have objected to him being part of the 3 judge bench or demanded the bench to have 5 judges. IEBC set themselves up for failure as they knew the views of the one judge already and this should have been stopped for a fair hearing.
What the court is ordering is impossible and very risky. Anyone can interfere or even stop the procurement process through injunctions and the like and there will be no election on 8817.
Way forward now?
IEBC must appeal and if the case must go to the Supreme case, so be it. Eventually if the superior court supports today's ruling , it is expected they will advise how the country goes about postponing the elections and how executive governance will be composed at the national level.
Meanwhile there should be a stay of today's ruling and the printing of ballots should continue until the superior courts express themselves in this matter.
Uncertainty
The silver lining in this matter is that the uncertainty will most probably results in lower prices at the NSE and will give an opportunities for some of us to get into the buses that had already left....lol
think you started you post on the premise that justice odunga was the sole cause of 'all there', then realized they were three judges (and only one with an o name for that matter) so you had to change to a 5 judges bench. a 5 judges bench would have at best for iebc only meant that 3 out of 5 judges held the same way as of now. like you i too wonder who advises them. for a body with a legal department (and a bright advocate ceo and chairman -?- ) they seem to be getting all these legal interpretations wrong a lot. Maybe they get their legal interpretations from Wazua and Jubilee mbrogas. These rulings are soooo clear it's hard to fathom how anyone could have thought otherwise. But what do I know...I'm not a mbroga. Neither do I listen to Kameme. Thieves are not good people. Tumeelewana?
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Rank: Elder Joined: 12/6/2008 Posts: 3,554
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2012 wrote:I hope they all realizes that a contract had been signed with the printer and they have to be paid their 2b whichever way. 2 billion is nothing, it is worse the amount of time Jubilee is wasting, am sure we have DIRECTLY spent over 100 billion in the last five years to suit Rairas fancies several times including disbanding previous commissions and paying of billions to please raira, we even stopped the BVI kit tender in 2013 to please raira and kina oswago organised for raira to eat BVR tender and chicken gate which failed, stopping NYS projects when it turns out the tenderprenuers were odm damu, stealing maize, not mentioning euro bond losses, loss of pipeline deal, chasing away dominion farms and foreign investors by demanding they give his family free rice, fish e.t.c why stop now? At the end of the day IEBC now stands accused by courts on inappropriate or unethical tendering practices and that is the end of that IEBC team, moving further with it is to BIG a RISK, for sure, children from wrong tribe in kisumu will burn before nusu mkate is given!!!! Raira is IMMUNE!!! Meru Holiness
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Rank: Veteran Joined: 11/14/2006 Posts: 1,311
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mkenyan wrote:
think you started you post on the premise that justice odunga was the sole cause of 'all there', then realized they were three judges (and only one with an o name for that matter) so you had to change to a 5 judges bench. a 5 judges bench would have at best for iebc only meant that 3 out of 5 judges held the same way as of now.
What are you trying to say here? That you could read my mind and thought process or what? Why don't you hold your peace if you've nothing of value to say?
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Rank: Veteran Joined: 10/29/2008 Posts: 1,566
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limanika wrote:Liv wrote: Who advises IEBC?
Judge Odunga had already expressed himself in this case earlier and made a judgement on the matter similar to the one delivered today. IEBC should have objected to him being part of the 3 judge bench or demanded the bench to have 5 judges. IEBC set themselves up for failure as they knew the views of the one judge already and this should have been stopped for a fair hearing.
What the court is ordering is impossible and very risky. Anyone can interfere or even stop the procurement process through injunctions and the like and there will be no election on 8817.
Way forward now?
IEBC must appeal and if the case must go to the Supreme case, so be it. Eventually if the superior court supports today's ruling , it is expected they will advise how the country goes about postponing the elections and how executive governance will be composed at the national level.
Meanwhile there should be a stay of today's ruling and the printing of ballots should continue until the superior courts express themselves in this matter.
Uncertainty
The silver lining in this matter is that the uncertainty will most probably results in lower prices at the NSE and will give an opportunities for some of us to get into the buses that had already left....lol
Also wondering which lawyers advises IEBC...Why cant they advise IEBC to stop arguing or prosecuting their case in the media, to start with? All the arguments IEBC and Govt were relying on were in public domain..they dispatch statement to media explaining their position (prejudicial) then rush to court to give same arguments and expect judges to fall over themselves and rule in their favor? By the way the case is more political, so strategy is as important, if not more important than raw facts of the law. That said, arguing against the ruling by high court would be like an open book exam for any bright law student. The arguments that make the ruling void in law are right there under the nose. But with lack of tact by IEBC, Govt and jubilee lawyers, am not very sure they will win... From the touch-line, the game looks very easy! Isuni yilu yi maa me muyo - ni Mbisuu
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Rank: Elder Joined: 7/28/2015 Posts: 9,562 Location: Rodi Kopany, Homa Bay
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Rank: Elder Joined: 2/7/2007 Posts: 11,935 Location: Nairobi
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Suppose IEBC appeals and loses again with, say, 15 days to go?. Chebukati should focus his energy on getting a new printer unless he has other interests. Nothing great was ever achieved without enthusiasm.
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Rank: Veteran Joined: 6/8/2010 Posts: 1,732
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Most guys are saying the public participation was what NASA said but if my mind serves me right it was Aukot who brought up the issue of public participation, this means as most have agreed here any Tom, Dick or Harry can go to court and stop the whole process. Dangerous this is Life is an endless adventure
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Rank: Elder Joined: 9/19/2015 Posts: 2,871 Location: hapo
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I'm finding these public comments by IEBC a bit annoying, to be honest. From their comments, you would think that their's is a case of IEBC vs Raila or something. The ruling was against the assertion that Uhuru was hand in fist with the current printers. It actually castigated ODM for coming up with newspaper clippings as evidence in court. The ruling was for the rule of law. Public participation is not something that the IEBC is being asked to do, kindly. It is in the law. Ekuru and small parties won...Kenya is not ODM, TNA and IEBC.. IEBC should always follow the law. On the issue of not being able to meet their deadlines. The constitution is very clear. Elections on 8/8...Now if the IEBC can stop moaning on TV and instead start planning for occurrences A and B or C, then they can be taken seriously. When you go to court, you either win or lose. If they are now stacking their hopes on overturning the ruling and not fixing a glaring constitutional error, then they should also go home... I can give them free mama mboga advise. It isn't going to be overturned. Right now, they should be asking the small party members to meet at Anniversary Towers for all-nighters. Not crying like small babies every time they lose a court case. In fact, when you really think about it, it's the IEBC that doesn't want the elections on 8/8 1. They come up with a crazy idea that election results are only decided in their bedrooms. - They lose then start complaining 2. They come up with a list "of final lists", the mother of all lists...Even the CJ had to tell them not to be nutcases. 3. This one on printers - Surely, printers can print stuff in a day. So it's not an excuse. Today, other than issuing a press statement, what have they done to correct their error? Nothing? Kupayuka tu? Thieves are not good people. Tumeelewana?
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Rank: Elder Joined: 11/5/2010 Posts: 2,459
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Njung'e wrote:Suppose IEBC appeals and loses again with, say, 15 days to go?. Chebukati should focus his energy on getting a new printer unless he has other interests. My take. Nobody at IEBC is interested in rigging the elections. The problem at IEBC is incompetence and greed. A lethal combination anywhere. In 2013, the cost of legal fees for IEBC hit Kes. 300M. This year it will hit Kes. 500M. The blunders are not accidental. They are meant to open a floodgate of as many legal suits as possible. Add the standard 10%-20% kick-back on each and every other contract including the big one-Al ghurair. These guys want to retire rich from 2018.
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Rank: Veteran Joined: 10/29/2008 Posts: 1,566
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Public participation can take place from today up to the end of next week. Of course during the public participation sessions, many varied positions will be put forth. IEBC, just as noted in the judgement is NOT obligated to take any particular proposition – the final decision is theirs. This means, by Monday 17.07.2017, IEBC can appoint Al Ghurair to print the presidential ballot. Isuni yilu yi maa me muyo - ni Mbisuu
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Rank: Elder Joined: 9/19/2015 Posts: 2,871 Location: hapo
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Ngalaka wrote:Public participation can take place from today up to the end of next week.
Of course during the public participation sessions, many varied positions will be put forth.
IEBC, just as noted in the judgement is NOT obligated to take any particular proposition – the final decision is theirs.
This means, by Monday 17.07.2017, IEBC can appoint Al Ghurair to print the presidential ballot.
For that, you can now be a lawyer for the IEBC. Someone once told me that for you to qualify for a job in Kenyan gov't institutions, terrible time management, and bad decisions must be your best traits. If you spend your evenings at a bar discussing biachara instead of doing the actual work to get things done, then you qualify to work for Kenyan gov't. I can't understand some of this stuff...Always keeping the populace on its toes with worry 24 hours a day. Scare mongering instead of solving problems. No wonder they all become broke after just 6 months in the real world. Thieves are not good people. Tumeelewana?
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Rank: Elder Joined: 3/18/2011 Posts: 12,069 Location: Kianjokoma
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FRM2011 wrote:Njung'e wrote:Suppose IEBC appeals and loses again with, say, 15 days to go?. Chebukati should focus his energy on getting a new printer unless he has other interests. My take. Nobody at IEBC is interested in rigging the elections. The problem at IEBC is incompetence and greed. A lethal combination anywhere. In 2013, the cost of legal fees for IEBC hit Kes. 300M. This year it will hit Kes. 500M. The blunders are not accidental. They are meant to open a floodgate of as many legal suits as possible. Add the standard 10%-20% kick-back on each and every other contract including the big one-Al ghurair. These guys want to retire rich from 2018. They will only retire if Nasa loses
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Rank: Veteran Joined: 11/17/2009 Posts: 1,049
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FRM2011 wrote:Njung'e wrote:Suppose IEBC appeals and loses again with, say, 15 days to go?. Chebukati should focus his energy on getting a new printer unless he has other interests. My take. Nobody at IEBC is interested in rigging the elections. The problem at IEBC is incompetence and greed. A lethal combination anywhere. In 2013, the cost of legal fees for IEBC hit Kes. 300M. This year it will hit Kes. 500M. The blunders are not accidental. They are meant to open a floodgate of as many legal suits as possible. Add the standard 10%-20% kick-back on each and every other contract including the big one-Al ghurair. These guys want to retire rich from 2018. Can you please convince your flagbearer RAO as such. That said, I find it ironical that you (as a NASA spindoctor) keep taking them to court for all manner of reasons then are the first ones to point at spiralling legal bill column! Just as absolute power corrupts leaders, so does absolute fanaticism blind the people from logic
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Rank: Veteran Joined: 9/21/2011 Posts: 2,032
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This was a political ruling..coz if the firm can go ahead to print the other 5 ballots, why not the pork one. The converse is also valid. Very easy to handle case. Methinks the learned jury wanted to appear to strike balance for obvious reasons, so they give you exam with open book
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Rank: Veteran Joined: 4/1/2009 Posts: 1,884
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limanika wrote:This was a political ruling..coz if the firm can go ahead to print the other 5 ballots, why not the pork one. The converse is also valid. Very easy to handle case. Methinks the learned jury wanted to appear to strike balance for obvious reasons, so they give you exam with open book because the matter before the high court was in respect of the presidential ballot. not the others.
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