Guka Predicted: Kenyans Call Out the Supreme Court

#1
When the 'historic' Supreme Court judgement was made, I said that in the fullness of time it will be judged to be the most stupid and careless judgement of any court in the world. IT SIMPLY DOESN'T HAVE ANY PRECEDENCE!

The fact is, people have died/will die because of the extremely poor judgement. The economy will stall and children everywhere will die of malaria and typhoid because of the fundamentalist leanings of CJ Maraga.

Kenyans seem to have woken up to the monumental miscarriage of justice - just see the unedited comment section of The Star.


_____________________________________

The Star, Kenya



  • MtuOne
    18 minutes ago
    You can tell the Supreme court is being clever about this, they know for sure they confused the national RO and dont want to clarify their mischief. Because if clarified, they will NASA themselves in the web trap providing credence to the wakora network narrative. Its tomorrow and highest possibility is that they will rule against the case technically and never substantially engage themselves in interpreting their judgement. Its only simple as you have clarified it
    • Seth Guest21 minutes ago
      They are NOT married, they are partners. This however, is a serious relationship which required either of the two to recuse themselves from the proceedings.
      • peter ndiangui Mumbi wa Gikuyu37 minutes ago
        So why not put those words on paper ? Why leave the ambiguity ?
        • frankfurt Unosoan hour ago
          The issue is semantics and not law. Like an auditor who cannot correct or change figures the commission chairman ought to compare the total on 34As with those on 34Bs and seek explanation if they differ before compiling form 34c. In August the commission announced the result without looking at all the forms 34As.
        • What if they differ ...what should the chairman do ?
        • Agree. They should appoint judges who can read and write.
        • Gaius primate2 hours ago
          Githu is one of the best legal minds we have in the country, ask any student who have been taught by him since the 90s. I personally knew him 20 years back and he was still very articulate legal mind even as junior lawyer. So, stop this regional balancing by bringing Mugai here who is a very respected lawyer. Needless to say that Githu Muigai's wife - Waringa is more articulate than I think Githu himself.

          FYI, Betty Murungi is a Meru and Kibaki has strong Meru roots.... so stop that argument. But I agree with you about the CJ, who I believe is very incompetent and to some extent careless in his rulings. Like the one for a corporal mosoti who killed MP for Bomet I think in 2008. He ruled that it was not a murder case just because of some technicalities and he shameless said so in the interview. The second issue, on 2017 supreme court ruling, creating confusion by ignoring Maina Kiai court of appeal judgement and not considering any precedence of any Common Wealth supreme ruling. This regional balancing is now haunting us. We should have had either Visram or Paul Kihara as CJ - brilliant legal minds instead of such.
        • Charles A Mianga Miruruan hour ago
          Kalpana Rawal? The one who was rewarded with the DCJ position after helping sweep the matter of how Prof. Saitoti died under the carpet?

          The one who was mentioned in the Panama Papers scandal as having secret off-shore accounts in Panama where she stashed the blood-money she got from her work as Chairperson of the panel that was inquiring into the death of Prof. Saitoti? Try another one!

        • Mianga Miruru
          marsmars2 hours ago
          The more reason why 8.2 million Kenyans feel cheated and conned.
        • Mugaathe Mubogothi Paul3 hours ago
          These judges are incredibly incompetent. Its like they are mentally retarded. I recall very well myself saying that Chebukati did not verify and yet main kiai case says that the chairman cannot change anything or what do these judges understand by the term verify.
        • this woman seems lost
        • Mubarak Wiirute_Guthoma3 hours ago
          Their analysis of the issues at hand was pathetic, their reasoning convoluted and their judgement rubbish! They want IEBC to verify and they don't want IEBC to verify. Confused! It's a shame they themselves never verified the disputed forms and never bothered to check the ballot papers to determine the real winner. This is either a shameful case of the wrong people doing the wrong job or they had ulterior motives.
        • Mugaathe Mubogothi kazi3 hours ago
          Yeah everybody can see except Maraga and Mwilu...waaah...these people are incompetent. The rest of the judges kept quiet wajionee cinema with maraga and mwilu asking baby questions.
        SincereDesire kijanamzee3 hours ago
        • I have no problem with the ruling that they did on 1st of September, as much as he was prejudiced by it, Uhuru will have another bite at the cherry. My major problem is other cases they have arbitrated on before, did those people get justice or some are rotting in Kamiti while they are innocent.
        • kijanamzee SincereDesirean hour ago
          You have a good point. If they both are removed through a JSC process, any party that got an adverse judgement from them can request for a re-trial. It's an expensive and tedious process and no guarantee there will be a favourable outcome. Witnesses die, memories do fade. That's why it's dangerous to have such patently incompetent judges
        • very true i do not se why chebukati should be held responsible for constituency results which are final even if if they were wrong because chairman is not at those constituency centers.those constituency R.O s must be responsible for what is declared at their centers and be the ones to explain discrepancies in court and if they fail to they should go to jail
        Mugaathe Mubogothi Wiirute_Guthoma3 hours ago
        • I agree that supreme court made a big blunder and for that they have to go. Chebukati did no wrong as the results from stations and constituencies were final.
            • It is his time and resources at play, why does it concern you? Not everyone is on okoa jahazi
            • Taramdaramdam™ daniel5 hours ago
              What was Chebukati supposed to do with Form 34As when the Court ruled that the results declared at the Constituency (Form 34B) were final......
              .....leaving him as a LAME DUCK National RO?

              Alafu the chupi-sniffers still have the audacity to claim that Jubilee is scheming to TRIM the powers of the IEBC Chair.......
              .......YET Maina Kiai and the Ojinga-friendly activist judges already CLIPPED Chebukati's constitutional powers and transferred it to the unaccountable Constituency ROs. --- Shenz-Types.!!!
            • Taramdaramdam™ Wiirute_Guthoma4 hours ago
              ▪️ Do you even know why they are called Returning Officers in the first place?
              ▪️ Do you know why an RO is named as a 2nd respondent in an election petition...... ama ni kubekwa ovyo tu?

              ▪️ FACT: If we are to follow the strict sense of the word, then IEBC probably has only 47 ROs plus Chebukati.......
              .......given that currently, only the County ROs are IEBC permanent staff -- an RO must be an officer who is permanently in charge of an Electoral Jurisdiction.

              I remember the IIEC Constituency ROs during the 2010 referendum were ALL permanent staff of the interim commission.
              Each Constituency RO (also the head of the Constituency Branch) had the mandate of recruiting, training and deployment of POs, DPOs and Polling Clerks in their jurisdiction. They also had a duty to ensure proper arrangements for the storage of IEBC kits and materials... the deployment of the assigned security personnel, election kits and materials, and transport to ferry the items and personnel to and from the polling stations. See.... that's a person who can take responsibility as a 2nd respondent in the event of an election petition.

              ➡️ It is LUDICROUS and DEFEATIST to employ CASUALS for a 2 weeks gig and then assign them the enormous task of declaring the final results of a Presidential elections. ---- pure madness and a recipe for failure.

              The consequences of such ill-thought-out policies are what we are facing now.....
              -- a sabotaged electoral process which resulted to the nullification of the results...
              -- confusion by the IEBC Chair who's been rendered a LAME DUCK by the Kiai ruling...
              -- the uncertainty and tension which takes a toll on the economy...
              -- a Ksh12 billion bill to foot...
              -- a discredited Supreme Court...
              -- deep divisions exacerbate by the prolonged electioneering process.!!!

              1
            • Reply
            • Wiirute_Guthoma Taramdaramdam™3 hours ago
              Returning officers and their deputies are PERMANENT employees of IEBC.

              Elections are to be held in each of the constituencies as per our katiba. ROs are in charge of each constituency.

              So you are a total moron for imagining that ROs are temporary staff
            • Taramdaramdam™ Wiirute_Guthoma22 minutes ago
              ➡️ It is utter hypocrisy to read or quote the Constitution partially.......
              .....and it is outright foolish to attempt to interpret a section of the Constitution in isolation.

              ➡️ If you cared to read just beyond Article 138 (2) which states.....
              ▪️ 138 (2) If two or mordidates for President are nominated, an election shall be held in each constituency.".......
              .....you will appreciate the fact that the mention of a Constituency is just a reference point -- which in other words means countrywide.

              ➡️ Article 183 (3) (a) clearly captures the context which the words "in each constituency" was used.
              Here......
              ▪️ 183 (3) In a presidential election---
              (a) all persons registered as voters for the purposes of parliamentary elections are entitled to vote.

              ➡️ AS A MATTER OF FACT...... The Constitution makes reference of Parliamentary elections as the basis for every elective seat.

              REFER TO
              ⏭️ Article 101 which provides for the election of MPs, Senators and Women Reps PLUS the President.
              THEN....
              ⏭️ Article 180 which provides for the election of Governors and MCAs.

              ⏭️⏭️⏭️⏭️ - SWALI NYETI - ⏮️⏮️⏮️⏮️
              ▪️ Considering the similarity in provisions of Article 101 and Article 180...... why would the presidential results announced at the Constituency level be final YET the gubernatorial results are not.???
            • Mugaathe Mubogothi Gikeeu2 hours ago
              hehehe...correct. The real author of the majority decision was Orenga and now asking Mwilu and Maraga is going to the wrong people. Lenaola and other judge of wakora network wisely decided to keep quiet as they did not understand the issues they had not participated in its determination.
        • Mwenyewe30 minutes ago
          These Judges especially the DCJ are not serious at all... They can not see the contradiction. How do you tell the Chairman to verify F34B is okay as per F34As and then not tell him what to do if he finds an error...... what is he to do.. The Court of appeal was very clear that Constituency results are final and the Chair just took up that and used F34B to tally and trusted his ROs did the tallying and verification at the Constituency level.....and if they are wrong you go to court... so when you tell the chair to verify the ROs tallies,, what does he do if they are wrong.... does he sit there crying because you also said he can not change the error or does he ignore the error....... the big question remains.. why should the chair verify the ROs tallies?
      • Huskha35 minutes ago
        Very good. Clarify EVERY spelling, every letter, every sentence, every paragraph. Because only in Kenya, a full stop can mean incomplete dots to proceed, or an actual full stop. Either way, we are VERY crafty and hypocritical.
    • kijanamzeean hour ago
      Year after year, our judiciary is ranked as the most corrupt institution in Kenya. It is even more corrupt than the traffic police department! The corruption is not only financial corruption but also moral and ethical corruption. It is therefore not surprising that the four judges arrived at such a vague, bizarre and strange ruling. When a court gives a ruling that has no obvious meaning or interpretation, compelling one of the parties to come back to the same court for clarity on what the ruling means, then we have a major problem in that court. But this is maybe not surprising. There is a petition with the JSC for removal of some of these judges that claim they were in meetings and telephone conversations with the NASA litigants and NASA lawyers during the time the case was being heard by them. We have seen other reports that indicate adulterous romantic relationships between one of these judges and one of NASA lawyers. None of these was disclosed to the other parties in the petition. How on earth can you expect justice in such situations?
  • "But Mwilu said she cannot recall, where the majority said the commission should verify the results at the national tallying centre."

    That is the problem of reading a judgment prepared by Orengo and Wako. Even they themselves do not know what was on the judgement. Oh my...
  • Mumbi wa Gikuyuan hour ago
    All that Mwilu and Maraga are telling Muite is that if 34B tally does not agree with 34A numbers then disregard 34B and use the figures in 34A to declare the result as Chebukati cannot change 34A
  • geoffan hour ago
    Maraga and Mwilu think they are some form of god and goddess but we will soon trim you to size........A bunch of useless so called judges who are mere political stooges and apologists of their useless mediocre god Raila
  • DAVID MARAGA ACCORDING TO THE CONSTITUTION SINCE THERE WILL BE NO ELECTIONS . THE CHIEF JUSTICE WILL TAKE OVER FOR 90 DAYS TILL NEW EKECTIONS TAKES PLACE . UHURU WILL HAVE TO LEAVE THE STATE HOUSE AND RETURN BACK TO GATUNDU PEACEFULLY OTHERWISE BY ANY MEANS POSSIBLE .
  • Fake analysis by someone with fake legal knowledge. Is your education also fake like Joho's?
  • charles Dr. Rasinian hour ago
    Yes i agree with you 100% that their will be no EKECTION, but presidential ELECTION will be done on 26th October 2017. their i'm in agreement with you.
  • cheap pride! I dont know wht is usually wrong with some women, they are elevated to high offices as a way of complying with regional balance and not out of their competency but they still show their lowly class of thinking. This lady should learn from former DCJ Nancy
  • charles2 hours ago
    Now i understand that our SC is a court of law not a court of justice. where as The trouble with the laws these days is that criminals know their rights better than their wrongs.
  • Mugaathe Mubogothi2 hours ago
    The real author of the majority decision was Orengo and now asking Mwilu and Maraga is going to the wrong people. Lenaola and the other judge of wakora network wisely decided to keep quiet as they did not understand the issues they had not participated in its determination.
  • primate3 hours ago
    We had an aspirant, Judge Alnashir Visram, running to be the CJ but because he was of Asian descent, he was not considered. Until we become just in the pursuit of judicious Judges, we will be stuck with the likes of Maraga and Mwilu. We will also have to endure incompetent Attorney Generals like Githu Muigai, who was preferred by former president Kibaki over Betty Murungi, purely because he belonged to the president's tribe.
    WHAT A SHAME!
  • And ran out of town Kalpana Rawal who had more brains and wisdom than some four by fours.
  • Am surprised and disturbed by the arguments of her ladyship Philomena Mwilu. Who really is not understanding the issues here:Judge Mwilu or lawyer Muite? But that aside, how did it feel like Busia Senator Amos Wako sitting in the court room watching his wife Philomena delivering a decision on a matter of interest to Wako's political party ODM? I think the law governing the SC should be amended not to allow a judge to sit on a bench whenever a close relative is an interested party. It is the same issue raised about James Orengo and judge Odunga.
  • Stupidity is a disease. Verifying a result simply means that you check whether figures match the original values from the original points of entry and if they don't match, nullify the result or go to court of law to allow you to change it! Is that a rocket science?
  • Ole Wenu3 hours ago
    Supreme Court judges who can't remember their own ruling can only mean whatever they rear was written for them and not by them.
  • Mugaathe Mubogothi3 hours ago
    Mwilu cannot recall because she read a judgment that was written for her. I would also not recall and that is another reason to remove her for incompetence.
  • karanste3 hours ago
    the current constituted supreme court seems ineffective,confused.they seems lost.maraga just wanted fame which he got unfortunately he will loose his job and mark my WORDS
  • Paul3 hours ago
    With all due respect to the supreme court judges,they really look like they have no clue. Maraga cant just say so casually its that "simple" without even thinking an inch and when pressed he postpones the answer.Deputy CJ Mwilu cant just say Chebukati was not supposed to move even a coma and then in the ruling,they said the IEBC chairman did not verify.O.K. a very simple scenario,If Chebukati verified and found out there were errors on forms 34A's or 34B's, was he supposed to declare the results bearing errors or what yet he was not supposed to move a coma?Suppose he declared results with such errors,what would be the consequences..?That was simply what the lawyers were asking yet the judges had to postpone to consult that just "simple" issue as they referred to it..
  • Mubarak3 hours ago
    It seems Maraga and his team are non committal on serious issues giving conflicting statements to cause further confusion. I have lost confidence in the judiciary under Maraga.
  • Media144 hours ago
    every officer is competent to record at his posting position the headquaters if in doubt must have all parties involved and if any was a forgery it becomes a crime if a simple mistake all are involved in rectifying...the supreme court is facing the type of people(jubillee & iebc) who faced the prophet moses as per the quranic version when god asked them to sacrifice a calf ...they introduced so many conditions upon themselves making the sacrifice even tougher
  • Erastus Muriithi4 hours ago
    It is becoming clearer now, the Supreme Court nullified the elections just because the 11k documents had not been received - for the sake of being received, period. Now if that is not stupid I don't know what is.
  • Wiirute_Guthoma5 hours ago
    Kiai Case was very clear
    1. Results from polling stations are final
    2. Results from constituency tallying center are final
    3. Chairperson can't verify nothing apart from checking if any candidate meets the constitutional threshold of 50%+1 plus at least 25% votes in over half of the 47 counties.

    Chebukati , who is qualified to be a supreme Court judge, following the judgement , relied on Constituency results or 34Bs.

    But Supreme Court agreed with NASA arguments that this was wrong as the results were 'unverified'. They specifically held that the chairperson had a duty to verify which he didn't.

    What's even crazy is that the Supreme Court while contradicting thr court of appeal claimed to have been in agreement with the judgement!

    Court of appeals tells Chairman 'do not verify'. Supreme Court tells him 'you never verified so the results are unverifiable'
  • kazi Wiirute_Guthoma4 hours ago
    How the h*ll did these two idiots,maraga and mwilu beome supreme court judges? Their reasoning is very warped.You dont need a law diploma to see the contradictions the IEBC wants clarified
  • kijanamzee5 hours ago
    Maraga and Mwelu are not properly schooled. What Muite is asking is a very simple question requiring a simple clarification. They are evading answering it since they know it will expose their bizarre ruling that contradicts the earlier well thought out judgement of the court of appeal. These two should not even be district magistrates let alone judges of our Supreme Court. They are an absolute disgrace. I hope the JSC accelerates the process of their removal
  • my question, what was the use of form 34A to Chebukati if he had no power to move even a coma from form 34B, even when 34B did not correspond with form 34A figures
    ShockNAwe daniel5 hours ago
  • The wakora network is real.
  • ShockNAwe5 hours ago
    Then why did they nullify the results if what was declared in the constituency was final. Transmission whether by electronic or manual to the tallying centre thus becomes irrelevant since what is in the box is final. How can the same judges then nullify the election never having opened a single box and then that idiot from Nyamira has the audacity to ask Muite to read section whatever of the constitution. They must think everyone in Kenya is a fool. This wakora network is real. No supreme court reforms, no repeat elections just swear in Uhuru. Those should be the true irreducible minimums. Maraga and his fellow crooks in the Judiciary your day is coming kuna watu watanyongwa.
  • Exactly. Boss, you argue like a senior counsel.
  • ➡️ It is Tara's considered opinion that Section 39 (1A) (ii) and (iii) of the Elections (Amendment) Act 2016 is unconstitutional.
    It's unconstitutionality plus the defective ruling on the Kiai case are responsible for the entire confusion which even the Supreme Wakora are scampering away from.... unable to clarify the provisions of the Section which they based their ruling on.

    ⏭️⏭️⏭️⏭️⏭️ - FACTS - ⏮️⏮️⏮️⏮️⏮️

    ➡️ The Kenya 2010 Constitution (in Articles 86 and 138), provides a clear framework for a SIMPLE TWO-TIER system for tallying, collation, verification and announcement of ALL our election results.
    Heck, Article 138 even regurgitates what is already provided in Article 86.... but the activist Courts have NEVER seen the unconstitutionality of complicating a system which the Constitution has insisted must be SIMPLE.

    ➡️ ALL elections (for each seat) is conducted by ONE Returning Officer who takes full responsibility of the process by virtue of being a respondent in case of a court petition arising from the process.
    ▪️ Why should it be different with the Presidential elections - the provisions of Article 183 (3) (c) of the Constitution notwithstanding?
    ▪️ Why should the IEBC Chairperson (national returning officer) be made to take responsibility for 290 ROs who supposedly have a final say in a process which they are not responsible for?

    ➡️ If results announced by the Constituency ROs' are supposed to be final, then the laws guiding the process of petitioning Presidential election results should be changed to compel petitioners to challenge the "final" results announced by the Constituency ROs. -- a clear impossibility.
    ▪️ As we saw at the Supreme Court, the 2nd respondent could NOT provide satisfactory answers for the discrepancies between Form 34A and B.
    ▪️ To date, none of the Constituency ROs who conspired with political players to discredit the legitimacy of the results has been made to account for their actions -- yet the figures they churned out were supposed to be final. Don't be surprised to find some of the ROs who sabotaged the electoral process on 8/8, taking part in the Ojinga demos - baying for the blood of the innocent Chiloba.!!!

    3
Wiirute_Guthoma Taramdaramdam™5 hours ago
  • You are wrong.
    Court of Appeals or Maina Kiai had the best motive; we were used to results being cooked at National Tallying Center with little recourse.

    The case effectively stopped this by declaring Constituency and stsrion results to be final, and barred the chairperson from any form of verification. The reason was simple; verification at the station and constituency tallying center was thorough and thus no need to second guess it subsequently. Lots of sense.

    You see you can't verify if you can't amend,correct....

    Problem is supreme Court which despite all verification by PO and ROs still declared results unverifiable just because Chebukati never verified.

    Supreme Court contradicted court of appeal
  • "......[[ we were used to results being cooked at National Tallying Center with little recourse.]]......"

    ▪️ Reading your reply up to that point..... it was enough to conclude that wewe ni mmoja wa wavuaji chupi.
    Your LOT is wallowing in the miasma of denial -- which makes rumors, lies, fantasy and hate your comfort zone.

    ⏭️⏭️⏭️ - THE UGLY TRUTH - ⏮️⏮️⏮️

    ▪️ Despite the Elections Laws providing for Party Agents at the polling stations to obtain duplicate copies of the election results since 1997 (IPPG)........
    .........how comes Raila and his band of perennial cry-wolves have NEVER presented even a single duplicate results declaration form which differs from that presented to the National Tallying Center (NTL).???
    ....And even where discrepancies occur due to clerical errors or cooking... it normally happens during the needless collation of results at the CTL.

    PS: For reality's sake, there were no Presidential elections in 2007..... it was a rigging contest - @Johann Kriegler.!!!
  • ⏭️⏭️⏭️⏭️ - THE PROOF - ⏮️⏮️⏮️⏮️

    ➡️ THE KENYA 2010 CONSTITUTION
    ▪️ Article 86 ---- Voting
    At every election, the Independent Electoral and Boundaries Commission shall ensure that--
    (a) whatever voting method is used, the system is SIMPLE, accurate, verifiable, secure, accountable and transparent;
    (b) the votes cast are counted, tabulated and the results announced promptly by the presiding officer at each polling station;
    (c) the results from the polling stations are openly and accurately collated and promptly announced by the returning officer.
    ⏭️ THEN

    ▪️ Article 138 ---- Procedure at presidential election
    (3) In a presidential election--
    (c) after counting the votes in the polling stations, the Independent Electoral and Boundaries Commission shall tally and verify the count and declare the result.
    -----------------------------------------------------

    ⏭️ NOTICE that both Article 86 and 138 DIRECTS that results from the polling stations are supposed to go straight to the RELEVANT RO who tallies, collates, verifies and makes the final declaration.

    ▪️ MPs and MCAs' elections are conducted by the Constituency ROs..... while Governors, Senators and Women Reps' polls are done by the County ROs... Why complicate the Presidential elections by giving the 290 Constituency ROs a mandate which constitutionally belongs to the IEBC Chairperson in his capacity as the National RO.???
    ----------------------------------------------

    ⏭️⏭️⏭️ - THE SOLUTION - ⏮️⏮️⏮️

    Amend Section 39 (1A) by deleting Subsection (i) and (ii) and replace it with something that goes like.......

    ▪️ For purposes of a Presidential election, the National Returning Officer shall use the Constituency Tallying Centers as a COLLECTION and DISPATCH CENTER for Presidential election results (Form 34A) from all the polling stations for onward delivery to the National Tallying Center.

    ▪️ Each Presiding Officer shall present Form 34A in a sealed and secure package to the Constituency Tallying Center and obtain a handover Certificate duly signed by the Constituency RO and witnessed by Party Agents.

    ▪️ For purposes of transparency, each Presiding Officer shall also present a duplicate copy of Form 34A to the Constituency RO - who shall display it at an open and visible place within the tallying center.

    ➡️ That will effectively remove the complication brought by the Constituency ROs together with their Form 34Bs from the Presidential elections. It will also ensure that the Election Laws capture the spirit of Article 86 (a) of the Constitution.

    1
  • ShockNAwe Taramdaramdam™5 hours ago
    SImple, Clear and to the point. That Kiai case is suspect it came days to the election and yet the same foreigners who funded it are now telling us election laws should not be changed less than 6 months to the election. The Wakora network is real.
  • blankz6 hours ago
    Mwilu put in a corner comes out with claws. ..no wonder she was speaking Russian during her ruling. Orengo played with them like a fiddle. Muite should have told her get a translator for your ruling, this drama! .
  • Natty Dread7 hours ago
    Mwilu is masking her incompetence with anger and rudeness.

    She allowed Orengo to write a document with words she could not recognize. Now she has to improvise. Very funny if this were not such a grave matter.
  • "......[[ But Mwilu said she cannot recall, where the majority said the commission should verify the results at the national tallying centre.]]......"

    ➡️ Since she couldn't read the ruling which Orengo gave her at Skyview.......
    ......nobody expects the Deputy Chief Mkora to remember it's contents.

    ⏭️⏭️⏭️ - IRREFUTABLE FACT - ⏮️⏮️⏮️

    DAILY NATION
    September 20th, 2017.
    ......."The Supreme Court has today delivered its full judgment on the nullification of the August 8 presidential election.
    The following are some highlights from the judgment.

    - Court says Nasa proved that IEBC declared the presidential winner before receiving all 40,883 Forms 34As and thus used forms with dubious authenticity.

    - The court says that a random scrutiny of 4,299 Forms 34As showed there were widespread discrepancies.".... @DN
  • daniel Taramdaramdam™5 hours ago
    adultererpreneurs, but the fools nullified the elections on the presupposition that Chebukati did not receive all 40833 form 34A at the time of announcing the results
  • munga8 hours ago
    Is mwilu not the one who read the part where the judges said that chebukati announced results having not received all form 34as yet the appellate court held that he should use 34bs. The wakora network is real.
    Gikeeu9 hours ago
  • Muite should have asked the clarufication from Orengo the Author of the supreme court ruling. Mwilu should not try to play ignorance on her ruling.
  • This is what happens when read rulings that you did not author. The SC judges are now having a problem clarifying their "own" ruling with regards to defining the scope of verification by the NRO. Ukora Network out of sync with itself.
    • Share ›
 
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#4
Question is when the presidential election goes to the SC again how will they rule? The case before them will most likely be that elections didn't take place in every constituency, intimidation.....
 

marine1

Village Elder
#5
Question is when the presidential election goes to the SC again how will they rule? The case before them will most likely be that elections didn't take place in every constituency, intimidation.....
Let them answer tomorrow on the verification part first ndio watajua hawajui if they're are unable to answer what iebc is asking.
 
#6
Verification is cross checking to ensure its a true record if not the verifier is mandated to reject or true the record.
Ni hayo tu kwa sasa.
 

Grundy

Village Sponsor
#10
Umeffi tupu. Bure kabisa. Now that the "Kenyans" whose comments you've posted up there have decided, Maraga should be jailed and the SCOK disbanded.
 
#12
On the Maina kiai case the court said, if there will be a discrepancy between form 34A and B, the NRO has no right to alter the said results but the offended party to go to court for any difference that arises.
Now from what mwilu read as her judgment, the nolification was blamed on NRO for not cross check-in the Bs from the As and declaring the results only using the Bs...if you get my point you will understand that these two are two faces of a different coin, totally means the opposite of each other. And I believe that's why the legal minds in the commission can't get what the chairman is left to do in the 7days to declare the winner.
 
#15
Verification is cross checking to ensure its a true record if not the verifier is mandated to reject or true the record.
Ni hayo tu kwa sasa.
You can't be told to verify, then be told don't touch even a comma.
What is the point of verifying.
It's like verifying whether you are about to send mpesa to the wrong number, and then you're told don't change anything. This is illogical, paradoxical and self defeating.
And this is what Maraga and Mwilu don't want to commit themselves to clarifying.
There are two ways about this. Either they change the meaning or use of term 'verify', or they rubbish the Maina Kiai judgement.
Why are they trying to talk with both sides of the mouth?
 

Young

Village Elder
#16
and btw the maina kiai judgement stated that the results at the ctc were final meaning form 34B was final. so what was the essence of verification anyway since the NRO used form 34B's to announce the winner??
#hawa wakora lazima watajibu mashtaka!
 
#17
You can't be told to verify, then be told don't touch even a comma.
What is the point of verifying.
Exactly. But you can see that Mwilu' reaction is anger and disrespect, because she has no clue about what her judgement really said. Maraga too is clueless, but he masks his ignorance by being unnecessarily formal and 'authoritative'. They need 3 days to consult Orengo.
 
#18
Exactly. But you can see that Mwilu' reaction is anger and disrespect, because she has no clue about what her judgement really said. Maraga too is clueless, but he masks his ignorance by being unnecessarily formal and 'authoritative'. They need 3 days to consult Orengo.
Yeah!
They may try to hoodwink the public, but I know they can feel respect has been erased among their peers. People who actually know how to interpret laws.
And it says a lot that Nasa was opposing Muite's clarification request. That's simply idiotic. Muite is simply seeking answers.
Nasa lawyers also know that any clarifications will expose the annulment judgement to ridicule.
 

dabu

Village Elder
#20
Yesterday I was watching news and I was thoroughly shocked by the line of questioning by Justice Mwitu. It was shameful with her asking Muite:
"What did we say in our ruling?"
 

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