Why the Supreme Court Judgement Should be Looked into with a Microscope

#1
I'll try to be objective as much as I can.

1. The law is that before making a judgement, the judge examines the Issues, the Rules governing those issues, the Analysis of the issues versus the facts and then makes a Conclusion.

2. In the case of the Supreme Court, the majority judges did not outline the reasoning behind their judgement. Not even a summary stating that IEBC broke rules X and Y and for that reason, the only possible consequence was nullification.

3. Given that 2 did not happen, we should ask whether 1 happened.

4. Assuming that the majority judges had concrete reasons to nullify the elections, why did they need 21 days to write the full ruling? Didn't they have solid reasons before arriving at their decision?

5. Assuming that they had valid reasons, why didn't no. 2 happen?

6. Assuming that the majority judges had concrete reasons, will the IEBC be in a position to avoid the same mistakes given that they have to wait for 21 days to find out what their mistake is? That leaves them with 39 days to rectify their mistakes if any.

7. If it takes 21 days to write a judgement, what time should it take to prepare and conduct a nationwide election. 39 days?

8. Assuming that another election is held but because of time constraints another technical challenge happens on the part of IEBC, then what happens? Another election?

9. If an election is not about numbers, then what is it about?
 

wenya

Village Elder
#5
Can't wait to take my nephew aende kupiga chinyimba next year in readiness for circumcision . We bukusus skip one year and has to be on an even year .
 

Fala 12

Kijana Fupi Nono Round
#9
1. The law is that before making a judgement, the judge examines the Issues, the Rules governing those issues, the Analysis of the issues versus the facts and then makes a Conclusion.

2. In the case of the Supreme Court, the majority judges did not outline the reasoning behind their judgement. Not even a summary stating that IEBC broke rules X and Y and for that reason, the only possible consequence was nullification.

3. Given that 2 did not happen, we should ask whether 1 happened.

4. Assuming that the majority judges had concrete reasons to nullify the elections, why did they need 21 days to write the full ruling? Didn't they have solid reasons before arriving at their decision?
@coldpilsner @Chifu
 
0

0%_Omera

Guest
#13
I'll try to be objective as much as I can.

1. The law is that before making a judgement, the judge examines the Issues, the Rules governing those issues, the Analysis of the issues versus the facts and then makes a Conclusion.

2. In the case of the Supreme Court, the majority judges did not outline the reasoning behind their judgement. Not even a summary stating that IEBC broke rules X and Y and for that reason, the only possible consequence was nullification.

3. Given that 2 did not happen, we should ask whether 1 happened.

4. Assuming that the majority judges had concrete reasons to nullify the elections, why did they need 21 days to write the full ruling? Didn't they have solid reasons before arriving at their decision?

5. Assuming that they had valid reasons, why didn't no. 2 happen?

6. Assuming that the majority judges had concrete reasons, will the IEBC be in a position to avoid the same mistakes given that they have to wait for 21 days to find out what their mistake is? That leaves them with 39 days to rectify their mistakes if any.

7. If it takes 21 days to write a judgement, what time should it take to prepare and conduct a nationwide election. 39 days?

8. Assuming that another election is held but because of time constraints another technical challenge happens on the part of IEBC, then what happens? Another election?

9. If an election is not about numbers, then what is it about?
It's being said the Judges didn't even go thru' the evidence, i guess the 21 days will be used to study the documents.
Hapa, kuna Judges wata commit suicide, after realising there is nothing to write, and that they nullified a Presidential election based on 3 forms 34B's.
 

Born Tao

Village Elder
#14
It's being said the Judges didn't even go thru' the evidence, i guess the 21 days will be used to study the documents.
Hapa, kuna Judges wata commit suicide, after realising there is nothing to write, and that they nullified a Presidential election based on 3 forms 34B's.
wataua girlfriends kama yule mucando alafu wajinyonge baada ya kuzurura town Kwa CCTV ati ndio ikae kama murder.
 

dabu

Village Elder
#16
Murkomen alisema billion mbili ziligawanwa
I don't think you can bribe Maraga. Lakini kuna kaujinga fulani niliona when he started reading the majority decision, ati “The greatness of any nation lies in its fidelity to the constitution and adherence to the rule of law and above all respect to God" hapo nikajua it's not about the evidence before the court, but pure emotions.
 
#17
There is something senator elect wamatangi said, and I think it's a good suggestion.That the supreme Court should also be part of the observer group in the general elections going forward. Ndo upuss kaa hii isitokee tena.
 

Ashken

Village Elder
#20
IEBC deserved the slap it got because it was compromised to the extent that Jakuon claimed on national television that he had insiders in the institution.
It is no coincidence that forms where not signed in most areas were jakuon won.How much trouble does it cost a clerk who is paid to ensure forms are signed that he/she chooses not to do so?. It is good for this nation that such issues be resolved ASAP to avoid problems in the future.
 

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