A Little Bird Tells Me.....................

[FieldMarshal CouchP]

A little bird has whispered into my ear that the reason the Maraga Four Crooks are taking so long to write their judgements (Njoki, Mohammed ((an advisory one)) and Ojwang have already done theirs and were ready to release them three days ago, remember the cancelled press conference?) is THAT THEY CANNOT WRITE CONVINCING JUDGEMENTS ON THEIR FOLLY!

Apparently, the fools have realised that they were taken to the cleaners by Nasa; there are no 500,000+ voter differences between the presidential and other votes; all Forms 34A can be accounted for, and where these have inaccuracies these affect all sides, etc etc. And about the watermarks, many of the forms were photocopies of originals that were wrong scanned (watermarks disappear when photocopied), BUT the originals were later sent to the IEBC!

At one session, the differences between the judges were so intense Njoki almost came to blows with Mwilu.

Lenaola the turncoat is on record at one session as saying that he would not take the decision again; that they screwed up.

Worst of all for the judges is that THERE IS NO PRECEDENT IN THE COMMONWEALTH OR BEYOND for the judgement they took. Ojwang has been happing on this at every meeting, BECAUSE LAW IS ABOUT JURISPRUDENCE - earlier judgements. THERE CURRENTLY EXISTS NO JUDGEMENT IN THE WORLD THAT AN ELECTION CAN BE ANULLED ON THE BASIS OF TECHNICALITIES, AND NOT NUMBERS.

So how will the judges write a judgement WITHOUT authorities?

That is the problem - of their own making - that they are facing.

 

[Budspencer]

BTW, when was Maraga supposed to give the detailed judgement?

 

[gikuyu]

Just a slight correction- jurisprudence doesn't mean earlier judgment..it simply means the philosophy of law .
Unless you meant stare decisis

 

[Trina]

Are the 21 days over? How long did Willy Mutunga take to give a detailed judgment in 2013? Was it the same case also? Its standard practice for the judgment to be compiled after a stipulated time. Let us wait for the 21 days to lapse before coming up with rumors and gossips

 

[Kenyan Troll]

BTW, when was Maraga supposed to give the detailed judgement?

Was supposed to be released within 21days from the judgment day. I think they have latest till 21st September.

 

[FieldMarshal CouchP]

Just a slight correction- jurisprudence doesn't mean earlier judgment..it simply means the philosophy of law .
Unless you meant stare decisis

You are right, technically. It is the theory and philosophy of law. But how's that established? THROUGH RULINGS and ACADAMIC WRITING. So, in my narrow definition, 'earlier rulings' is correct too.

You could of course argue that the Maraga Four Crooks want to establish new jurisprudence on presidential elections - that you can nullify popular will due to technicalities.

I am not sure many jurisdictions will buy into that, sir.

 

[FieldMarshal CouchP]

True, the Katiba gives the Supreme Court 21 days. But that is the maximum, just like IEBC is given a maximum 60 days to organise a re-run. NOWHERE IS IT WRITTEN THAT YOU MUST USE ALL THE DAYS.

The fact that the SC has already gone through 80% of its time is telling.

Bookmark this; Guka's sources are always unimpeachable................

 

[trix]

True, the Katiba gives the Supreme Court 21 days. But that is the maximum, just like IEBC is given a maximum 60 days to organise a re-run.

The fact that the SC has gone through 80% of its time is telling.

Bookmark this; Guka's sources are always unimpeachable................

If it turns out that what your saying here is true then i would agree that Maraga be charged with treason.

 

[gikuyu]

You are right, technically. It is the theory and philosophy of law. But how's that established? THROUGH RULINGS and ACADAMIC WRITING. So, in my narrow definition, 'earlier rulings' is correct too.

You could of course argue that the Maraga Four Crooks want to establish new jurisprudence on presidential elections - that you can nullify popular will due to technicalities.

I am not sure many jurisdictions will buy into that, sir.

I agree.
i think Politically speaking..the decision might have not been right.But every political question that lands in court will inevitably be turned into a legal question.The court in its wisdom should be able to demonstrate why a remedy of invalidation was better than a remedy of vote recount that would have ultimately proved what the will of the citizens was.
I think this a discussion that can go on and on

 

[Mr Black]

You are right, technically. It is the theory and philosophy of law. But how's that established? THROUGH RULINGS and ACADAMIC WRITING. So, in my narrow definition, 'earlier rulings' is correct too.

You could of course argue that the Maraga Four Crooks want to establish new jurisprudence on presidential elections - that you can nullify popular will due to technicalities.

I am not sure many jurisdictions will buy into that, sir.

Senior Counsel J.A.Orengo was on ntv on Wednesday, he confirmed that the petitioner's evidence was weak, were it not for the "irregularities and illegalities" that were unearthed in the scrutiny of the forms and the transmission system they would have lost.

If those irregularities and illegalities were substantive and widespread then the current jurisprudence was followed, if they were not then it could be said they have gone against the grain

 

[spear]

Guka you are right, things are heating up at SC. The full ruling was meant to be made this week but was cancelled. The 3 judges as you mentioned called a press brief to reveal behind the scenes drama but they were prevailed upon to go back and dialogue. I admire Justice Ojwang for literary teaching the other four the law and lecturing them on their decision. The contentious issue is they can't get evidence to substantiate their decision. They know this ruling will be studied forever and is also closely anticipated for scrutiny.

 

[FieldMarshal CouchP]

Guka you are right, things have heating up at SC. The full ruling was meant to be made this week but was cancelled. The 3 judges as you mentioned called a press brief to reveal behind the scenes drama but they were prevailed upon to go back and dialogue. I admire Justice Ojwang for literary teaching the other four the law and lecturing them on their decision. The contentious issue is they can't get evidence to substantiate their decision. They know this ruling will be studied forever and is also closely anticipated for scrutiny.

Preach bro. When we tell them things are elephant and they think we are joking........................Ojwang for one is mad like hell.

He's quoted as saying that he didn't go to law school to 'perpetrate illegalities on the alter of tribal prejudice'. The fundamentalist almost exploded in anger!

 

[0%_Omera]

They say measure twice, and if need be measure a third time, then cut once, the Maraga 4, did the cutting first, and now, the measuring isn't coming forth.
I pity Smokin Wanjala, i heard He had dissented, and was convinced at the last minute. He must be regretting his decision.

 

[Atwoli]

Hehehe... Mungiki choir

 

[Delus]

@FieldMarshal CouchP part 2 iko wapi???

 

[FieldMarshal CouchP]

They say measure twice, and if need be measure a third time, then cut once, the Maraga 4, did the cutting first, and now, the measuring is coming forth.
I pity Smokin Wanjala, i heard He had dissented, and was convinced at the last minute. He must be regretting his decision.

Kumbe you know! Wanjala had dissented so the bench was split 3-3. The reason Magara is being targeted is that it is he, as CJ, who prevailed on the dissenting judges to 're-look' their decisions, and thus compelled the poor guy to change his mind. As I've said, nimeskia hata Lenaola said he regrets taking the decision, especially given that the next election is unlikely to be any more cleaner. So, will Kenya have an endless cycle of elections?

 

[FieldMarshal CouchP]

@FieldMarshal CouchP part 2 iko wapi???

Ngoya tu kidooooooooooogo................

 

[kyuktothecore]

Those fuckers need to do the honorable thing. They need to resign, all seven of them. That is the stupidest ruling that has ever been made in the history of Kenya. Whatever happens, I don't think Ruto is going to go easy on them. He'll do everything in his power to ensure there's no nasty surprise blocking his path to State House in twedy twedy too.

 

[dabu]

Those fuckers need to do the honorable thing. They need to resign, all seven of them. That is the stupidest ruling that has ever been made in the history of Kenya.

I agree. Not only in Kenya, but in the entire world.

 

[gashwin]

When we were in primary school teacher would ask a maths question then you rush and give the correct answer. Then teacher challenges you to gko to the board and explain how you got the answer. You sweat to the butt crack coz you don't have the factors in the equation nor can you get the formula in the right order. I feel that's where we are.