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Politics update Mon 25-Mar-13
KulaRaha
#71 Posted : Monday, March 25, 2013 2:20:24 PM
Rank: Elder

Joined: 7/26/2007
Posts: 6,514
Mr. Ahmednassir is in a precarious position: having publicly critised his client and questioned their integrity, he is now in the biggest case in Kenya's history defending the same. It is difficult to stand on both legs in such a situation.

Madam Admin, my above comment is not on the substance of the case, nor a personal feeling. Just based on facts which have been backed up with links earlier in this thread. Also I am commenting on parties to the case.
Business opportunities are like buses,there's always another one coming
maka
#72 Posted : Monday, March 25, 2013 2:21:09 PM
Rank: Elder

Joined: 4/22/2010
Posts: 11,522
Location: Nairobi
Rahatupu wrote:
Jus Blazin wrote:
maka wrote:
McReggae wrote:
Court adjourned to 3pm.

Ahmednassir isnt a serious fellow...and Ngatia has no point. In our laws the Applicant has the last bite at the cherry. You cannot as a respondent say you want to file a further affidavit in reply to an Applicant's further affidavit. Look at this timelines: Petition filed on March 16, IEBC and UK/Ruto respond on March 20 and 21 (out of time) they do not supply all evidence.CORD team goes to Court before Lenaola J and get an order to compel. They serve the documents requested on Saturday 23rd.They now under the guiding principles of the Supreme Court Rules file the FINAL affidavit on Saturday (the 900 page one which roughly 890 of those are exhibits BY IEBC) then they now want to file another reply to their own documents? Really? Ahmednassir's brief is simple. Delay delay delay delay

Do you understand why there was a 9-day period before pre-trial conference? Court Registrar had three days to publish petition, the next three days were for the Petitioner to serve Respondents, Respondents had another three days to respond. Out of time? Hope you are answered.



Well said.

Not well said,I just dont say things for the sake.... One needs to look at the totality of the SC process vis a vis the applicable law. Article 140 does not provide for a time limit for responses to a Petition but only sets out the time limit for filing a petition and determination of the same. Under the Supreme Court Presidential Petition Rules 2013 states in Rule 8 that "Upon service of a petition under Rule 7, a respondent who wishes to oppose the petition may WITHIN three days of service of the petition file a response....'. The Petition was filed on the 16th and served electronically on the same date within 2 hours of filing pursuant to Rule 7 (2) of the aforesaid rules and physically for some of the Respondents on the same date and the rest on the Monday after. Time thus began to run in terms of Rule 8 as read with sub rule 7(2) at 3pm on Saturday 16th March. The responses are thus out of time. The Pre Trial Conference set out in Rule 9 is supplementary to and not in derogation to rules 7 and 8. Indeed if you look at that provison it does not preclude service or states that service will be subject to pre trial preliminaries under Rules 9 and 10...anything else?
possunt quia posse videntur
maka
#73 Posted : Monday, March 25, 2013 2:29:26 PM
Rank: Elder

Joined: 4/22/2010
Posts: 11,522
Location: Nairobi
btw Githu is very sharp...
possunt quia posse videntur
mwenza
#74 Posted : Monday, March 25, 2013 3:05:34 PM
Rank: Elder

Joined: 4/22/2009
Posts: 2,863
maka wrote:
btw Githu is very sharp...


True....currently the best amongst his peers.
IF YOU EXPECT ME TO POST ANYTHING POSITIVE ABOUT ASENO, YOU MAY AS WELL SIT ON A PIN
muganda
#75 Posted : Monday, March 25, 2013 3:21:38 PM
Rank: Elder

Joined: 9/15/2006
Posts: 3,908
Supreme Court rules Attorney General is Amicus Curiae
Law Society of Kenya disallowed! (Vice Chairperson had taken a partisan position)

maka
#76 Posted : Monday, March 25, 2013 3:22:30 PM
Rank: Elder

Joined: 4/22/2010
Posts: 11,522
Location: Nairobi
AG admitted as Amicus curiae
possunt quia posse videntur
kiriita
#77 Posted : Monday, March 25, 2013 3:31:24 PM
Rank: Member

Joined: 4/20/2008
Posts: 437
Retally/Scrutiny/etc - Petition allowed?
chiaroscuro
#78 Posted : Monday, March 25, 2013 3:33:37 PM
Rank: Veteran

Joined: 2/2/2012
Posts: 1,134
Location: Nairobi
Shall I then place the Rink alone?
maka
#79 Posted : Monday, March 25, 2013 3:36:13 PM
Rank: Elder

Joined: 4/22/2010
Posts: 11,522
Location: Nairobi
kiriita wrote:
Retally/Scrutiny/etc - Petition allowed?

huh...
possunt quia posse videntur
washiku
#80 Posted : Monday, March 25, 2013 3:36:25 PM
Rank: Chief

Joined: 5/9/2007
Posts: 13,095
Re-tallying to be done on 22 polling stations on the presidential elections and filling of the results done latest Wednesday 27th March at 4pm.
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