man
Junior Member
Posts: 99
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Post by man on May 20, 2011 11:10:53 GMT 3
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Post by kamalet on May 20, 2011 11:16:06 GMT 3
Utter madness and judicial stupidity!!!
What happened to election petitions? The worst thing about this applicant is that he was a fringe candidate with zero or no hope of winning it!
I hope all the candidate will be running to the court asking for financial guarantees from this candidate should he fail in his application. Sometime some ujinga has to be stopped!
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Post by phil on May 20, 2011 11:46:42 GMT 3
Utter madness and judicial stupidity!!! What happened to election petitions? The worst thing about this applicant is that he was a fringe candidate with zero or no hope of winning it! I hope all the candidate will be running to the court asking for financial guarantees from this candidate should he fail in his application. Sometime some ujinga has to be stopped! You cannot blame Waweru Mwangi for this. The man is exercising his right for justice as a citizen. Since when did seeking justice in a court of law become stupid? In any case, why should a returning officer decline nomination papers from a NVP candidate merely because Kamale thinks the man is a fringe candidate? Dont fringe candidates have a right to participate in elections? And what would you call Catherine Muthoni Kihara (GNU), James Matagaro (Kenya Social Congress), David Waihiga (Agano) and Daniel Omao (Ford People) who are also in contention for the Kamukunji seat? I know what Kamale and his ilk fears. Another Agikuyu candidate will only further split the Agikuyu voting block and this is deemed a loss for the PNU candidate. I must say however, ODM candidate Ibrahim Johnnie, is a clear front runner attracting votes from all over including from those Agikuyu traders at the Gikomba market. Not to worry because a close survey of the constituency shows ODM candidate winning, followed closely by NARC-K candidate and thirdly having |
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Post by mzalendo on May 20, 2011 12:02:40 GMT 3
Basic questions for a start when was this objection raised why the ruling now few days before the elections.
Is there any evidence (credible ) why the returning officer failed to offer explanation for denying that person his constutional right to vie for that seat.(which he was going to loose anyway)
Is there somebodys hand in this. as a scheme to save face from eminent embarrasment.
Can we get this basic facts before we get to the bottom of this?
what a waste of time.
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Post by tnk on May 20, 2011 19:54:29 GMT 3
i think for such an application to have merit, the courts should have a monetary baseline. e.g any challenge to the constitution last year had a requirement that a 1m bond or something be deposited
it therefore makes sense that in order to avoid clowns who have no real agenda other than disruption and mischief be weeded. and also since in some cases delays such as this could be costly, applicants must be prepared to forfeit bond in the event it turns out that their case has no merit.
the courts must find a way to balance between rights of the individual as well as accommodating demands that are in the end detrimental to governance
in my view, this judge should have redirected this guy to sue IIEC and not put a stop to the election process. the election process impacts the country, what they are complaining about is an individual who might have failed in his duties. they should sue the individual or institution and not hold the country, county or constituency to ransom
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Post by mwalimumkuu on May 20, 2011 21:12:51 GMT 3
This is the same Justice Musinga that we have said here time and again that has allowed activism to take the better part of him. There are many more of this kind yet to come.
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Post by kamalet on May 21, 2011 10:09:51 GMT 3
Phil
Tuliza boli - this is a serious matter and you should not look at it from the usual ujinga of kikuyus splitting votes. If you wish to know I am rooting for the Somali PNU candidate..get a life. I could repeat the stories I was hearing last night that it was either ODM or PNU that was responsible for this late injuction after realising that one of them would lose. So you ask yourself who had more at stake in winning Kamukunji and your guess will be as good as mine who could have prompted the injunction.
The point you miss under the guise of claiming rights is that the nominations were completed more than 21 days ago, campaigns have been going on so you must ask why this character comes in the last minute to file an injuction.
All candidates with valid nominations have been on the trail spending money on their campaign as has the IIEC in organising the election. There have been previous court rulings of nomination injustices and the high court has always ruled that any wrong can only be fixed by way of an election petition. The electoral process always starts from the nomination process and not on the ballot day.
Musinga is very wrong in this ruling and I would be demanding for his sacking if not resignation! I hope when he wakes this morning he will realise the consequences of his action yesterday.
But I will not let off the ODM and PNU candidates for sitting on their hands from 10.15 a.m. because they should have gone to court and had the order reversed.
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man
Junior Member
Posts: 99
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Post by man on May 21, 2011 11:08:03 GMT 3
This was judicial activism at its best and I am not sure what the Judge's intentions were. And as Kamalet has asserted above, I do not understand why ODM and/or PNU did not rush to court to have this judgement quashed instead of convening press confrerences in the comfort of their hide-outs. On another note, I think this judgement was done with an eye to the impending vetting of judges and Justice Musinga was only trying to make his image stronger with the vetting process in mind. You will notice that a few days ago, one of the worst judges in the history of the Kenyan Judiciary (Lady) (In) Justice Jean Gacheche made a surprise ruling out of her character by declining to issue interim orders blocking the nomination of the CJ and DCJ that was filed by one Harrison Kinyanjui. This judgement by (In)Justice Gacheche, in my opinion was also done with an eye to the impending vetting. But I think her goose is already cooked and she should be looking for a career change pretty soon
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Post by phil on May 21, 2011 11:25:56 GMT 3
Phil Tuliza boli - this is a serious matter and you should not look at it from the usual ujinga of kikuyus splitting votes. If you wish to know I am rooting for the Somali PNU candidate..get a life. I could repeat the stories I was hearing last night that it was either ODM or PNU that was responsible for this late injuction after realising that one of them would lose. So you ask yourself who had more at stake in winning Kamukunji and your guess will be as good as mine who could have prompted the injunction. As I have state previously mister kamale, it is PNU that wants to retain this seat at all costs. Remember they stole it in 2007 (like they did Dagoretti) and it took a lengthy petition hearing in court to get Simon Mbugua vacate that seat. Now apparently, Uhuru's ego is about to take further beating because Nairobi has traditionally bean considered a GEMA stronghold yet ODM controls City Hall and is the stronger of the two parties on the ground. You do not need lessons in Nairobi politics, you know it! Let's not beat about the bush, does the law set time limits for anyone seeking justice? Is there a deadline for submitting applications to the courts before by-elections? Perhaps ODM shall, but certainly not PNU because they engineered this in the first place. |
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Post by kamalet on May 21, 2011 11:36:48 GMT 3
Man
I think yo need to bring yourself up to date with Kenyan electoral law.
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man
Junior Member
Posts: 99
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Post by man on May 21, 2011 11:45:22 GMT 3
Man I think yo need to bring yourself up to date with Kenyan electoral law. Kamalet, Educate me. |
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Post by adongo23456 on May 21, 2011 17:13:57 GMT 3
Folks,
There is something terribly wrong with this whole situation and it is not the guy who filed the case nor the judge who made the ruling. The timing is suspect but let's deal with the facts. The applicant claims he was denied nomination for two reasons. One because the PNU guys complained that he will split the votes for their candidate and two because the returning officer acted without giving him any reason at all.
It turns out according to the returning officer that the applicant was nominated by the Vision party and yet they had information that he was a member of PNU. My question is how did the returning officer determine that Mr. Waweru was a member of PNU and should not be sponsored by another party. Does the IIEC have the list of all party members of all political parties? I don't think so. The assumption therefore is that the returning officer was influenced by somebody to reject Mr. Waweru's nomination for reasons that has nothing to do with IIEC responsibilities. That is just plain wrong.
It is not the business of the returning officers to determine which party people belong to. It is their business to ensure that individuals are properly sponsored by the parties of their choice. The returning should have asked Mr. Waweru for proof of membership of the Vision and determine when he joined that party and if that contravenes any election laws then say so and document. Don't run the IIEC with fiat laws where the returning officer just makes up things and his or her word is the law.
In as much as this is a terrible inconvenience it should be a lesson to the IIEC to stop meddling in party politics and do their jobs. They have been doing it very well but it seems the bugs of ECK have caught up with them.
The judge made the right call but should have made it earlier. It also appears to me that the Kamukunji vote may not be going the direction some had hoped for. Tribal herding which was supposed to be a recipe for a landslide doesn't seem to be working as planned making the seat wide open and that Johnnie fellow is something else. We will see.
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Post by moseskuria on May 21, 2011 23:35:54 GMT 3
Why are you guys so ignorant?.Waweru participated in the PNU nominations and got 1 vote.
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Post by kamalet on May 22, 2011 9:37:53 GMT 3
...similar reason Mbugua was denied nomination on 'some party' after failing to get a nomination from PNU!
I did some digging and apparently the IIEC should shoulder a bit of blame for this. I understand that when the case was initially filed under some certificate of urgency, the IIEC did not respond and Friday's hearing, the IIEC had not filed any defence/papers and apparently on the basis of this the judge gave the orders to stop the elections. It is not clear why the IIEC did not respond.
However, it does not take away the fact that the judge should have exercised a bit commonsense and realised the public interest in the whole case and the impact it would have had on other candidates and the organisation of an election as a whole!
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Post by phil on May 22, 2011 11:15:57 GMT 3
Why are you guys so ignorant?.Waweru participated in the PNU nominations and got 1 vote. So how does that disqualify him from the main elections Mr. Kuria? Does this in anyway justify IIEC returning officer's decision to decline Waweru's NVP nomination papers? Uhuru Kenyatta refused to sign monination forms for KANU candidate Simon Mbugua and in the process is making a complete fool of himself as KANU Chairman campaigning for a PNU candidate. That is democracy according to the gospel of Moses Kuria. |
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Post by kamalet on May 22, 2011 20:22:54 GMT 3
Why are you guys so ignorant?.Waweru participated in the PNU nominations and got 1 vote. So how does that disqualify him from the main elections Mr. Kuria? Does this in anyway justify IIEC returning officer's decision to decline Waweru's NVP nomination papers? Uhuru Kenyatta refused to sign monination forms for KANU candidate Simon Mbugua and in the process is making a complete fool of himself as KANU Chairman campaigning for a PNU candidate. That is democracy according to the gospel of Moses Kuria. Easy Phil...easy!!! The law is clear that you need to prove membership of a political party for 3 months and that is the reason Mbugua was denied nomination when he tried to do it on a fringe party even after Kanu refused to help him out. As for this character Waweru, he is perhaps an even worse fake. I met a friend who sold him a car in 2006 and at the time Waweru was called Francis Gitau! The seller could swear it is the same man he sold his car to that was on the front pages on Saturday!! If you add to the allegation by MosesKuria that the guy was on the nomination list of PNU and got 1 vote in the ensuing vote! |
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