Njoki Ndung’u Only Judge Who Bothered Verifying Orengo’s Allegations

C&P

After a whole day of listening to the full Supreme Court verdict, Njoki Ndung’u wrapped it up some minutes past 9 pm.

Being one of the dissenting judges, Njoki was expected to give her reasons why she differed with the majority on September 1st.

Earlier, the majority, namely: Chief Justice David Maraga, Deputy Chief Justice Philomena Mwilu and Justice Isaac Lenaola had read their judgement. They made it clear their decision was guided mostly by the anomalies found in the various result declaration forms and issues to do with transmission of results and access to the system.

During the hearing of the peition, court officials prepared a report after analyzing the Form 34As and 34Bs. They cited numerous errors, ranging from lack of watermarks, serial numbers, security features and even signatures by either party agents or returning/presiding officers.

This came to light on the last day, particular at the end when Orengo gave quite a dramatic and memorable presentation before he was cut short by Maraga. He said that was the smoking gun proving that the election was not free and fair.

When the majority were delivering their judgement yesterday, they cited the same several times.

But unlike everyone else, Njoki Ndung’u took the liberty of verifying the claims herself. According to her, all forms had already been filled at the Supreme Court by the IEBC, 48 hours after Nasa filled their petition. She wondered whey the rest of the bench did not take the role of verification.

Njoki listed each constituency where the Forms allegedly had errors, and pulled out the particular forms to confirm for herself. What she found turned out to be the exact opposite of what Senator Orengo had told the court. Forms that had been listed as having no watermarks, signatures and serial numbers all turned out to have.

In short, most of the information relied on by the majority bench when making their judgement, in terms of results forms, was inaccurate.

When law students, lawyers and other observers study the judgement, tough questions will have to be asked on the role of the court in verifying evidence. Especially in an important case like the one that was just before the Supreme Court.

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Tumechoka na politricks banna… Si uweke vitu safi tusafishe macho…

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that’s why poor people are languishing in jail,imagine hio ni a high profile case na za masikini yule hata wakili hana

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and then someone comes here telling us not to obsess over this laziness and negligence (i wont call it deliberate criminal compromised act) of the judges and instead focus on IEBC weakness! we have to focus on both otherwise we will be on election mode permanently. next time, these wakora might just decide that raila saying he was the winner is enough reason to nullify the elections.

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Njoki Ndungu only made allegations against other judges and she has a history of lying, she lied to the former CJ Willy Mutunga and is facing a gross misconduct case

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Enda mukuru kwa uwesmakei, hapa tutapiga Kelele hadi UOTP wakubali Raira will nefa efa be president ever.

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Sart a thread on this. What is it about? Mutunga was not in court yesterday.

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Activist judges can say whatever they wish.The cry baby Maraga thinks he is off the hook,wacha tuvote kwanza.I hope they will replace him in time not to swear in the incumbent.Huyo mzee na uchawi zake akwende huko

Two wrongs don’t make a right, the four WAKORAs were caught unawares in the act of being defiled by TMT and they cannot redeem themselves. WAKORA must go and most important… RWNEBP

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A thread had been started on this yesterday

Both Justice Ojwang and Justice Njoki ruling broke new ground and will be studied for generations. Justice Ojwang detailed the evidence presented by all parties carefully, he gave references of other ruling precedents of the similar cases globally, stated the law, the constitution and rendered his verdict clearly against the majority verdict. It was a mastery of Law which is common from the long serving law professor. In his ruling he clearly highlighted the majority shortcomings such as failure to counter check the info, claiming IEBC didn’t submit documents which he clearly found, studied and making ruling based on assumptions without facts. Justice Njoki was just superwoman on this case. She started by studying the electoral laws after we passed the new constitution. She detailed all the changes that has been made to that law since 2010-2017 especially before and after 2013 elections. She went further to detailed the various court precedents against IEBC in the 100’s of litigations across the country. At the end she formed the opinion that the electoral law as it currently stands has been distorted so much such that when IEBC attempts to satisfy both the Electoral law and court ruling, it makes the task near ungovernable and impractical. Her submission was that Parliament need to revisit the Law and align it better to meet all expectations of the people. The best part was when she practically tried to show how voting literary takes place from voters, IEBC and candidates perspective. Was IEBC designed to fail? From all her revelations, our mistrust makes their work extremely hard by the various layers of expectations and demands. That’s said they did exceedingly well to conduct the elections on 8/8 and it was free, fair and credible.

On the evidential threshold, she found that the majority relied on fake evidence which they neither bothered to question or verify. She went through all forms that the petitions claimed to have irregularities and compared them with the originals that IEBC provided but incredibly the majority ruled wasn’t there. All were proper, they had serial numbers, security features, were signed by the petitioners agents and nearly a dozen other agents/observers. She then undertook further random checks on other forms to confirm consistency of truthfulness including all forms 34B and the one 34C form. They all checked out. On the server scrutiny, she clearly explained that the order was fully effected by IEBC. The order didn’t give the court appointed expert administrative access to IEBC system but a guest access with limited ability to access and make copies where necessary. Administrative control would be irresponsible since its direct access exposes the entire voters roll for manipulation and ruin. If that happens the SC would be responsible of the complete nullification of the voters roll and a repeat elections wouldn’t have been possible in the near future. IEBC would be forced to start afresh and incur huge expenses as constitutional timelines end on the Presidency. Was this the ultimate wakora judges aim? Get the voters roll nullified and force a nusu mkate government?

Thank you Justices Ojwang and Njoki. The conspiracy was revealed openly and the civilian coup ended. Wakora CJ was humiliated and he surprised many by adding an additional paragraph out of shame of the exposure. He cleared all IEBC staff and respondents to try claw back some dignity and mercy from the executive.

We will revisit this conspiracy next year during President Uhuru second term.

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Maraga wanted to redeem himself lastly after Njoki’s submission when he said no one was culpable but just transmission

Njoki Ndungu knows that she`s likely on her way out, her ruling and the way she tried to correct the other judges are only the kicks of a dying horse. She has a history of lying.

Those forms Njoki Ndungu was referring to were looked at by the scrutiny group THAT brought together IEBC staff, Supreme Court appointed experts and agents of Jubilee and NASA, and all agreed based on the technical tests that Forms 34B from Likoni, Nyali and Kisauni constituencies, among many others, were fake.

Halafu ati yeye mwenyewe Njoki Ndungu with her two eyes looked at them and discovered that they were not fake. :rolleyes::rolleyes::rolleyes::rolleyes:.

This is just another Njoki Ndungu lie.

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She must be a forensic expert

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If we had nothing Fishy, IEBC would still be very tight, but is Chemkati, mara retreat, mara ICT staff waoge, that shows u something happened and they are on the spot, Ukiona moshi, jua pana moto, and Jubilants stop the Arrogance

That Cj additional statement was the climax, it was an opening he was hidding to give nasa an opening to attack IEBC. It ended well, now nasa claims and demands are dismantled. Turudi kwa debe and most importantly we thank our creator for tearing down the cords of deceit

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mean while.
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. https://www.the-star.co.ke/news/2017/09/21/uhurus-lawyers-seek-to-overturn-supreme-court-verdict_c1639411
[SIZE=6]Uhuru’s lawyers seek to overturn Supreme Court verdict[/SIZE]