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.
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
You are right, technically. It is the theory and philosophy of law. But howās that established? THROUGH RULINGS and ACADAMIC WRITING. So, in my narrow definition, āearlier rulingsā 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.
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; Gukaās sources are always unimpeachableā¦
I agree.
i think Politically speakingā¦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
Senior Counsel J.A.Orengo was on ntv on Wednesday, he confirmed that the petitionerās evidence was weak, were it not for the āirregularities and illegalitiesā 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
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 canāt 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 jokingā¦Ojwang for one is mad like hell.
Heās quoted as saying that he didnāt go to law school to āperpetrate illegalities on the alter of tribal prejudiceā. The fundamentalist almost exploded in anger!
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 isnāt 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 āre-lookā their decisions, and thus compelled the poor guy to change his mind. As Iāve 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?
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 donāt think Ruto is going to go easy on them. Heāll do everything in his power to ensure thereās no nasty surprise blocking his path to State House in twedy twedy too.
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 donāt have the factors in the equation nor can you get the formula in the right order. I feel thatās where we are.