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Supreme Court Round 2, 2017
Rank: Veteran Joined: 7/5/2010 Posts: 2,061 Location: Nairobi
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muganda wrote:Alright, full judgement delivery going on. Download not yet available but thus far some revealing rulings:
1. IEBC WAS not at fault for excluding some parties in the repeat election because they were guided by a court order, Supreme Court rules.
2. RAILA ODINGA did not formally withdraw from the election but only declared his intention to withdraw, Supreme Court says.
3. THE VALIDITY of an election cannot be challenged on the basis of whether it was held in all 290 constituencies, Supreme Court rules.
And of course, one last one... Justice Njoki Ndung'u:
It was not in our view proper for Counsel Julie Soweto to argue that it didn't matter who caused the violence.
Those who intentionally instigate violence must not plead the same violence as a ground for nullifying an election.
The "clean hands" doctrine ...
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Rank: Elder Joined: 2/8/2013 Posts: 4,068 Location: At Large.
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Wakanyugi wrote:muganda wrote:Alright, full judgement delivery going on. Download not yet available but thus far some revealing rulings:
1. IEBC WAS not at fault for excluding some parties in the repeat election because they were guided by a court order, Supreme Court rules.
2. RAILA ODINGA did not formally withdraw from the election but only declared his intention to withdraw, Supreme Court says.
3. THE VALIDITY of an election cannot be challenged on the basis of whether it was held in all 290 constituencies, Supreme Court rules.
And of course, one last one... Justice Njoki Ndung'u:
It was not in our view proper for Counsel Julie Soweto to argue that it didn't matter who caused the violence.
Those who intentionally instigate violence must not plead the same violence as a ground for nullifying an election.
When the August 8 election was nullified and the Wakora 4 used a rather incoherent justification, someone on Wazua said that pretty soon the Supreme court will be forced to make another ruling in order to 'clarify' their incoherence. I wish I can remember who it was for he/she was quite right. I am not a lawyer but this sounds like Judicial ukarabati of the prior ruling to me. For instance, we were told that process is more important than outcome. What is more 'process' than the requirement to hold elections in every constituency as the law clearly says? So what was IEBC to do having prepared the venue,officers,ballot papers etc only for Konys Militia to ensure roads are impassible in some constituencies. Love is beautiful and so are those who share it.With Love, Marriage is an amazing event in ones life time, the foundation of joy, happiness and success.
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Rank: Elder Joined: 2/22/2009 Posts: 2,449 Location: Africa
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Bigchick wrote:Wakanyugi wrote:muganda wrote:Alright, full judgement delivery going on. Download not yet available but thus far some revealing rulings:
1. IEBC WAS not at fault for excluding some parties in the repeat election because they were guided by a court order, Supreme Court rules.
2. RAILA ODINGA did not formally withdraw from the election but only declared his intention to withdraw, Supreme Court says.
3. THE VALIDITY of an election cannot be challenged on the basis of whether it was held in all 290 constituencies, Supreme Court rules.
And of course, one last one... Justice Njoki Ndung'u:
It was not in our view proper for Counsel Julie Soweto to argue that it didn't matter who caused the violence.
Those who intentionally instigate violence must not plead the same violence as a ground for nullifying an election.
When the August 8 election was nullified and the Wakora 4 used a rather incoherent justification, someone on Wazua said that pretty soon the Supreme court will be forced to make another ruling in order to 'clarify' their incoherence. I wish I can remember who it was for he/she was quite right. I am not a lawyer but this sounds like Judicial ukarabati of the prior ruling to me. For instance, we were told that process is more important than outcome. What is more 'process' than the requirement to hold elections in every constituency as the law clearly says? So what was IEBC to do having prepared the venue,officers,ballot papers etc only for Konys Militia to ensure roads are impassible in some constituencies. I'm yet to understand why NASA has not been held criminally responsible for violently blocking a democratic process from taking place
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Rank: Elder Joined: 12/9/2009 Posts: 6,592 Location: Nairobi
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muganda wrote:Alright, full judgement delivery going on. Download not yet available but thus far some revealing rulings:
2. RAILA ODINGA did not formally withdraw from the election but only declared his intention to withdraw, Supreme Court says.
Now, this is what they were banking on. How badly it backfired. This second election would have been nullified if IEBC had eliminated Raila's name from the ballot paper as had been orchestrated by the bunch of 'wise lawyers'. This time they were out witted in every area.
BBI will solve it :)
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Rank: Elder Joined: 7/10/2008 Posts: 9,131 Location: Kanjo
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2012 wrote:muganda wrote:Alright, full judgement delivery going on. Download not yet available but thus far some revealing rulings:
2. RAILA ODINGA did not formally withdraw from the election but only declared his intention to withdraw, Supreme Court says.
Now, this is what they were banking on. How badly it backfired. This second election would have been nullified if IEBC had eliminated Raila's name from the ballot paper as had been orchestrated by the bunch of 'wise lawyers'. This time they were out witted in every area. So tuseme baba is officially Mr. 1% with kina Jirongo, Nyaga et all? i.am.back!!!!
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Rank: Elder Joined: 7/10/2008 Posts: 9,131 Location: Kanjo
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Shak wrote:Bigchick wrote:Wakanyugi wrote:muganda wrote:Alright, full judgement delivery going on. Download not yet available but thus far some revealing rulings:
1. IEBC WAS not at fault for excluding some parties in the repeat election because they were guided by a court order, Supreme Court rules.
2. RAILA ODINGA did not formally withdraw from the election but only declared his intention to withdraw, Supreme Court says.
3. THE VALIDITY of an election cannot be challenged on the basis of whether it was held in all 290 constituencies, Supreme Court rules.
And of course, one last one... Justice Njoki Ndung'u:
It was not in our view proper for Counsel Julie Soweto to argue that it didn't matter who caused the violence.
Those who intentionally instigate violence must not plead the same violence as a ground for nullifying an election.
When the August 8 election was nullified and the Wakora 4 used a rather incoherent justification, someone on Wazua said that pretty soon the Supreme court will be forced to make another ruling in order to 'clarify' their incoherence. I wish I can remember who it was for he/she was quite right. I am not a lawyer but this sounds like Judicial ukarabati of the prior ruling to me. For instance, we were told that process is more important than outcome. What is more 'process' than the requirement to hold elections in every constituency as the law clearly says? So what was IEBC to do having prepared the venue,officers,ballot papers etc only for Konys Militia to ensure roads are impassible in some constituencies. I'm yet to understand why NASA has not been held criminally responsible for violently blocking a democratic process from taking place it would have been catastrophic had they ruled otherwise. You can imagine any tom dick and kony in the future would just make sure 1 constituency does not vote and voila the entire election cancelled! i.am.back!!!!
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Rank: Elder Joined: 9/15/2006 Posts: 3,905
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A question begs:
Were the justices 'wakoras' both then and now?
Were the justices right both then and now?
Is our opinion solely based on which side ruling favours?
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Rank: Elder Joined: 2/8/2013 Posts: 4,068 Location: At Large.
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muganda wrote:A question begs:
Were the justices 'wakoras' both then and now?
Were the justices right both then and now?
Is our opinion solely based on which side ruling favours? @Muganda,The Wakora Justices were wrong on 1st September.And this was evident when they gave the reasons.I believe their President"Mkora Maraga"was deeply embarrassed when facts were laid bare for the whole world to see.They realised they had been conned by the walking constitution. The Wakora Justices were right on the 2nd case.The facts are as read out today. This is not about goggles but facts as presented. When Paul Muite represented Jubilee we were all in agreement that his defence was weak. Love is beautiful and so are those who share it.With Love, Marriage is an amazing event in ones life time, the foundation of joy, happiness and success.
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Rank: Elder Joined: 3/18/2011 Posts: 12,069 Location: Kianjokoma
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Bigchick wrote:muganda wrote:A question begs:
Were the justices 'wakoras' both then and now?
Were the justices right both then and now?
Is our opinion solely based on which side ruling favours? @Muganda,The Wakora Justices were wrong on 1st September.And this was evident when they gave the reasons.I believe their President"Mkora Maraga"was deeply embarrassed when facts were laid bare for the whole world to see.They realised they had been conned by the walking constitution. The Wakora Justices were right on the 2nd case.The facts are as read out today. This is not about goggles but facts as presented. When Paul Muite represented Jubilee we were all in agreement that his defence was weak. Muite was for IEBC or was it the chair?
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Rank: Elder Joined: 9/15/2006 Posts: 3,905
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Lolest! wrote:Bigchick wrote:muganda wrote:A question begs:
Were the justices 'wakoras' both then and now?
Were the justices right both then and now?
Is our opinion solely based on which side ruling favours? @Muganda,The Wakora Justices were wrong on 1st September.And this was evident when they gave the reasons.I believe their President"Mkora Maraga"was deeply embarrassed when facts were laid bare for the whole world to see.They realised they had been conned by the walking constitution. The Wakora Justices were right on the 2nd case.The facts are as read out today. This is not about goggles but facts as presented.When Paul Muite represented Jubilee we were all in agreement that his defence was weak. Muite was for IEBC or was it the chair? Cheers @Bigchick. Wisdom demands that you also allow for the chance that it is You (or us together) who was wrong  And if that were the case, we all deserve benefit of doubt, the justices, the politicians, the citizens.
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Rank: Elder Joined: 10/4/2006 Posts: 13,821 Location: Nairobi
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Judges are not always right... but Judges are Judges! All Mushrooms are edible! Some Mushroom are only edible ONCE!
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Rank: Elder Joined: 3/29/2011 Posts: 2,242
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masukuma wrote:Judges are not always right... but Judges are Judges! Very true. Some cases like presidential elections are so peculiar they can as well be easily be decided by tossing a coin rather than a legal process "Things that matter most must never be at the mercy of things that matter least." Goethe
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Rank: Elder Joined: 10/4/2006 Posts: 13,821 Location: Nairobi
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Gathige wrote:masukuma wrote:Judges are not always right... but Judges are Judges! Very true. Some cases like presidential elections are so peculiar they can as well be easily be decided by tossing a coin rather than a legal process I think judges are bombarded by a lot of facts and information over a very short period of time. Judges are also people prone to biases like everyone else. On Election matters - it very much happens that both sides bring lawyers who while schooled in law don't get the nuances of the technical side of elections. They place importance to things that in the normal world would have importance but in elections mean very little. They ignore matters that are of critical importance in elections such as individual voter rights. All Mushrooms are edible! Some Mushroom are only edible ONCE!
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