Supreme Court Circus

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my rord

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my rods

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Huyo lawyer anaitwa kinyajui na kiherehere yafaa afinywe makende

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is one flashing the DCJ?:D:D

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Hehehe…ule jamaa aliulizwa what happens to 5 of the six ballot papers when a voter decides to vote for one person only akaanza kufumble left me in stitches. The level of mediocrity in this country is too damn high.

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And it was a darn simple question. Wanjala had to repeat the question to him when his answer was being evasive.

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first time on the biggest stage…

Lawyers ask questions to throw you off your grips. If you fall they rise.

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I suspect the guy was negligent and just did not take time to understand the process. The way he was being evasive showed he actually did not know the answer.

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Macharia aliniangusha hapo. Unless the law has changed since my days, the answer to that simple question was these options: 1) Return the unmarked ballot papers to the IEBC officers for re-allocation (they don’t bear your name anyway). 2) Slot them in unmarked. 3) Deface them with more than one mark.

In both 2 and 3 they become spoilt ballots.

A presidetial lawyer surely MUST know this?

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I think he was not getting the question

By the way, all IEBC lawyers failed to explain satisfactorily the running tally that was appearing on the screens. They failed to explain that it was the provisional results that were provided for before the Court of Appeal just two weeks earlier amended the elections procedure and abolished the need to stream out ‘provisional results’.

The elections results portals had already been configured and could not be changed at that late stage.

Dude had crammed the things that he was to submit on and couldn’t answer anything on the fly, huyo lazima akue na connections

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That would have been suicide for them to admit that coz NASA had already challenged them to postpone the polls if they werent prepared.

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Boss, it was a straight forward question and even after the second judge made it clear to him, he actually never answered the question. I am not a lawyer or anything but as a layman, I was able to understand the question without any difficulties.

Was he representing IEBC?
If not, the judges should have directed that question to the IEBC lawyers.

Their answers were not satisfactory, but I believe the only reason the judges allowed this server circus to continue was so that that Nasa doesn’t claim afterwards that the hearing was unfair.
The judges knew from the word go that the ruling will be based on the law. Form 34As, Bs and C.
So far, the only relevant thing that Nasa was probably able to prove was that 5 Form 34Bs were not signed by the RO (3 if Ngatia was right). Those are the only forms that are not valid in law. The judges may make a ruling on watermarks and stamps and security features for future elections, but the law as it stands, only a signature is mandatory.

I’m not a prophet but I don’t see the judges nullifying an election based on 3 or 5 invalid Form 34Bs. These are the reasons.

  1. Though the Forms were not signed, the arithmetic was right. i.e they were a true sum total of the Form 34As from those constituencies
  2. The total votes in those constituencies are not even a quarter of the 1.4 million gap. Even if Raila got 100%, he would still lose by about 1.2 million votes.

It is my view that the decision to uphold Uhuru’s election will be unanimous. Especially if each judge delivers their own judgement.

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