Presidential Petition: Blame or Praise the lawyers

#1
Presidential petitions are won by lawyers.
I believe the judes are objective.
Take the 2013 petition for example. The chief justice was Mutunga. A liberal. Most of the judges on the bench were conservative. Therefore it was feared that they could easily annul an election. Therefore the Jubilee and IEBC lawyers really did their best. The Cord lawyers and civil society (Africog) lawyers took it for granted. Remember the Kethi Kilonzo presentation, which many people were impressed with but which, in my opinion, lacked substance? Remember Oraro's droning presentations? So, in the end, the Jubilee and IEBC lawyers, who had done their very best, won.
Come 2017. The chief justice was Maraga. A conservative. Most of the judges on the bench were conservative. Therefore it was feared that they could easily uphold an election. Or rather, it was feared that such judges couldn't possibly annul an election. Therefore the Nasa lawyers did their very best. The Jubilee and IEBC lawyers this time took it for granted. You could hear it in their submissions. Remember PLO Lumumba and his comical presentation? Remember Ahmednasir and his condescending presentation? In the end, the Nasa lawyers, who had done their best won.
Don't lynch the judges. Our is an adversarial system. The side that presents the best case wins.
 

Coffee

Village Elder
#4
Jamaa umefika leo, ni vizuri uangalie around the village, salimia watu hapa na pale, at least ajue hizi vitu zimeongelewa sana in previous barazas. Angalau ungetoa conspiracy theory of what will happen in the next 80+ hours, utukanwe kidogo and get some friends.
 

Mathaais

Village Chief
#5
The judges went into this case with a pre conceived mindset, to correct the mistakes in the 2013 judgment that babuon had been harping about for the past 4 and a half years one of them being their much harped 800 documents of evidence that were rejected on a technicality.
Maraga was keen to avoid a repeat of the same and that's how he threw out a perfect presidential election on ironically technicalities.
 

stunner

Village Elder
#6
The judges went into this case with a pre conceived mindset, to correct the mistakes in the 2013 judgment that babuon had been harping about for the past 4 and a half years one of them being their much harped 800 documents of evidence that were rejected on a technicality.
Maraga was keen to avoid a repeat of the same and that's how he threw out a perfect presidential election on ironically technicalities.
it was illegalities and irregularities..
 

Koolibah

Village Sponsor
#10
Lumumba's was not comical. Maraga quoted him and agreed with him that indeed rule of thumb is deminimis bra bra bra the only point of disagreement was that the issue was not trivial. Well a petitionwith evidence on 20,000 votes questioned against a gap of 1.4M, the definition of trivial is lost in translation
 

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