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Post by foresight on Mar 12, 2013 3:28:34 GMT 3
Kenya's Supreme Court will handle any challenge to the result of last week's presidential election in a fair and speedy manner, the chief justice said on Monday, two days after defeated candidate Raila Odinga threatened legal action over the outcome. 1) Chief justice Willy Mutunga, appointed in 2011 to reform a legal system accused of serving the interests of the elite, said politicians and political parties had confidence in the judiciary to handle all electoral disputes. 2) A swift and transparent resolution of the dispute is seen as critical to restoring Kenya's reputation as a stable democracy. 3) "We at the Supreme Court are prepared to hear any petition that may be filed impartially, fairly, justly and without fear, ill-will, favor, prejudice or bias and in accordance with our constitution and our laws," Mutunga said. 4) Several peaceful demonstrators waving Odinga posters near the gates to the court hours after Mutunga spoke, shouted: "We want Agwambo not the suspect", referring to Odinga, who is known as "Agwambo" or the daring one. 5) President-elect Kenyatta, now the deputy prime minister, won 50.07 percent of the vote, edging above the 50 percent needed to avoid a second round by about 8,400 of the 12.3 million votes cast. 6) The United States and other Western powers, big donors to Kenya, said before the vote that a Kenyatta win would complicate diplomatic ties with a nation viewed as a vital ally in a regional battle against militant Islam. 7) the six Judges in the Supreme Court would hear any petition filed in the time allowed by the constitution, and invited the media to cover the proceedings live. "I am sure that for justice to be done and to be manifestly seen to be done this public participation is absolutely necessary," he said. 8) A new constitution, a key plank of the deal brokered by former U.N. chief Kofi Annan to end the post-election violence, has built public confidence in the courts. 9) Odinga said "Most Kenyans had faith in a reformed judiciary and ....... ........HE WOULD ACCEPT THE SUPREME COURT RULING ON HIS PETITION..... The Supreme Court has the authority to order a recount, order a new election or dismiss the petition. www.reuters.com/article/2013/03/11/us-kenya-elections-idUSBRE92A0GV20130311 |
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Post by foresight on Mar 12, 2013 3:39:46 GMT 3
Will our supreme court manage to stay above politics and deliver fair ruling?
1) recount,
2) order of new election
3 dismissal
Of the three which one is likely to be fair ruling? In my view, due to all that IEBC system failure, Fair ruling is definitely number 2..
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Post by foresight on Mar 12, 2013 4:02:20 GMT 3
www.standardmedia.co.ke/?articleID=2000079072&story_title=CORD-lawyers-expected-to-file-petition-on-MondayNairobi, Kenya: The Coalition for Reforms and Democracy (CORD) will Monday file a suit at the Supreme Court challenging the election of Uhuru Kenyatta as President. The Independent Electoral and Boundaries Commission IS ACCUSED IGNORING WHAT CORD TERMS AS SERIOUS IRREGULARITIES IN TALLYING OF THE PRESIDENTIAL VOTE. Among other evidence, CORD says it will prove that votes attained by Uhuru were inflated to the hundreds of thousands especially in Jubilee strongholds, while CORD was denied votes in their strongholds. Yesterday, CORD’s lawyers were said to be finalising the suit papers said to include a “dossier” of evidence on IEBC’s alleged failings. The CJ will have to pick four Supreme Court judges beside himself to constitute the full bench of five that will hear and rule on the suit filed by CORD. The odd number is meant to avoid a tie when the bench votes on a case. Apart from Mutunga, the other eligible judges are Dr Smokin Wanjala, Lady Justice Njoki Ndung’u and justices Philip Tunoi, Jackton Boma Ojwang and Mohamed Ibrahim. The court will determine if the Issack Hassan-led IEBC violated the law when the electronic voter identification devices failed and the commission resorted to using the printed register to identify voters, and if the collapse of the electronic voter tallying was a serious violation of the Elections Act and the Constitution. 1) Although, the commission admitted that their systems had failed due to technical problems, CORD claims this was meant to allow for manipulation of the electoral process. 2) is disputing the declaration of Uhuru as President-elect, citing “massive irregularities” that marred the voting and subsequent tallying. 3) The CORD leader claims there was massive tampering with the results and that some figures used in the tallying of votes were fictitious. 4) “Let the Supreme Court determine whether the result announced by the Independent Electoral and Boundaries Commission is lawful. ” Raila said on Saturday. 5) “We have a new independent Judiciary in which we in CORD and most Kenyans have faith. It will uphold the rule of law, and we will abide by its decision,” Raila said. 6) He said that in spite of the numerous complaints raised by CORD leaders, IEBC ignored them and presented results from a flawed electoral tallying process. 7) “We have highlighted many irregularities in the tallying process,” the PM said and accused the media of also ignoring the coalition’s complaint. 8) “There was a conspiracy by the local media to give us blackout on the issues we raised, and only the international press covered it,” said the PM. 9) “What Kenyans witnessed instead was the failure of virtually every instrument the IEBC had deployed for the election: The poll books, the servers, the telephonic transmission, the BVR – they all failed despite the billions spent on acquiring them,” Raila noted.
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Post by foresight on Mar 12, 2013 4:09:45 GMT 3
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Post by foresight on Mar 12, 2013 4:30:38 GMT 3
www.bbc.co.uk/news/world-africa-21712715Kenya had pinned its hopes of a cleaner vote this year on new technology...On polling day it was the biometric voter-identification kits that failed. Then, about 36 hours into the counting process, the electronic transmission system shuddered to a halt. This election will be remembered as the poll where paper trumped digital. The failure of the high-tech biometric kits had, by and large, one distinctly low-tech cause: A lack of electricity at polling stations. As laptops ran out of power, election officials went back to the paper register. The failure of the digital transmission system is more mysterious. It was designed to communicate results in real time, from polling stations around the country to a national tallying centre in Nairobi. At first the IEBC, Kenya's electoral commission, said the system may have been overloaded. But technology experts dismissed those suggestions: the concept was based on SMS-messages, containing relatively small amounts of digital information. "One of the main flaws was that people out in the field had trouble synching the data," says Erik Hersman, a Nairobi-based technology blogger and co-founder of Ushahidi, an open-source website set up to map violence after the last election five years ago. It is possible the fault lay with the software on the handsets. Or it could simply be that officials at the polling-stations themselves did not know how to use the technology. But Mr Hersman says playing the blame-game at this stage is not helpful: "What went wrong and who did what is not important. "What's important is understanding the problem so that credibility can be maintained." On Thursday, the chairman of the IEBC, Issack Hassan, said a bug had been identified which had multiplied the number of rejected ballots by a factor of eight. But he could not provide clarity on why the whole system had so spectacularly failed. And that lack of clarity left the public speculating. There were suggestions that the server could have been hacked into. The IEBC told the BBC it could not rule out a security breach. But other observers said they thought the fault was more likely to be some kind of technical error, as yet unidentified. In February, Kenya's Star newspaper highlighted what it said were potentially serious flaws in the technology. The Financial Times reports that the head of Kenya's leading mobile phone company, Safaricom, wrote to the IEBC weeks before the poll to warn of shortcomings in the system. Safaricom, which is part-owned by the UK company Vodafone, provided the network for the electronic transmission system, but said it was not responsible for the system's breakdown. Mr Hersman says that part of the problem was a lack of transparency about the system in the run-up to the vote: "How [the system] works and who it was tendered to, should have been known months ago." And so, when things went wrong, technology experts were left scratching their heads. Mr Hersman adds: "[On Tuesday] I'm asking: 'How does this system work?' I don't even know how it works. "We started following the trail online and there's nothing available." This high-profile flop is an embarrassment for the IEBC, as well as a blow to the reputation of a country positioning itself as an African tech hub. The system was introduced with one main purpose: To eliminate the possibility of vote-rigging, and give the Kenyan electorate faith in the credibility of the count. Its failure could end up having the opposite effect.
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Post by foresight on Mar 12, 2013 11:36:34 GMT 3
Coalition for Reforms and Democracy (Cord) on Tuesday [12 03 2013]morning filed a petition at the High Court to compel the electoral commission and Safaricom to give it information for its presidential election petition. The evidence being sought "will be integral ingredients in the CORD Petition challenging the purported declaration by IEBC of Uhuru Kenyatta as the President elect, which will be filed later this week."Why would anyone withhold this information anyway? www.nation.co.ke/News/politics/Cord-seeks-order-on-IEBC-Safaricom-for-evidence/-/1064/1717950/-/66xp0h/-/index.htmland the Standard Newspaper adds the following inormation ignored by the Nation Newspaper...The documents needed from IEBC include 1] All Forms 34, 35, and 36 from all polling stations and constituencies all over the country in relation to the presidential elections and all the results that were declared electronically at the Bomas Tallying Centre. 2] The log files for all short messages that were declared electronically received from Safaricom. 3] All software contracts between the IEBC and all firms that provided software services to them in connection with the just concluded general elections. 4] The serial numbers of all handheld transmission devises that were actually configured and made ready for use as aforesaid and the constituencies in which they were meant to be used and serial numbers of all handheld transmission devises that were configured and the constituencies in which they were meant to be used. 5] the Green Book, a provisional register of all registered voters, and the final register of all registered voters. 6] The numbers of all handheld transmission devices that were used to electronically transfer date from polling stations to the tallying centre and the print out of all messages that were sent through all handheld transmission devices that were used to electronically transfer data from the polling stations. 7] All contracts signed between Safariom and IEBC in connection with the just concluded general election and a record of all information transmitted to IEBC Server on the March 4 and 5 2013... The stage is being set... www.standardmedia.co.ke/?articleID=2000079140&story_title=Politics: |
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Post by foresight on Mar 12, 2013 12:05:47 GMT 3
Brief profile of the MOST likely Supreme court Judges for this case..
1] Dr Willy Munywoki Mutunga:
He is the Chief Justice of the Republic of Kenya. Although new in the Judiciary, Dr Mutunga has a wide experience in law having been a lecturer at the University of Nairobi and taught many of today’s best lawyers and judges. Mutunga became Chief Justice in June 2011 and his term comes to an end in June 2017. He holds a doctorate of laws degree from York University, Toronto. He is known for his scholarly approach to law and legal issues. Although head of Supreme Court, the CJ holds a single vote in its decision.
2] Justice Philip Kiptoo Tunoi:
A long-standing lawyer and judge who got appointed to the Supreme Court in June last year.
3] Justice Mohamed Khadhar Ibrahim:
He is a former legal partner in the law firm of Waruhiu Muite & Co Advocates. He got appointed to the Judiciary when President Kibaki ascended to power in 2002. He was appointed to the Supreme Court in June last year but was briefly out following complaints that he delayed judgments. He was however cleared of incompetence allegations and resumed his position in the Supreme Court.
4] Justice Smokin Wanjala:
He is a former law lecturer at the University of Nairobi and a former deputy director of Kenya Anti Corruption Authority. He holds a PhD and has a scholarly approach to legal disputes.
5] Justice Njoki Sussana Ndung’u:
She is a former student of Justice Smokin Wanjala at the University of Nairobi. She is also a former nominated MP best known for spearheading the Sexual Offence Act. In her earlier years, Justice Njoki was a prominent human rights activist and pro-democracy crusader during the early 1990s. This former student of Kenya High School has also worked for AU and holds a Masters Degree from University of Leicester, UK.
6] Deputy Chief Justice (nominee —Justice Kalpana Rawal):
She is a long-serving judge. Her most recent assignment was chairing the Saitoti Chopper Crash Commission, which completed its work and presented its report to President Kibaki a few weeks ago. She was nominated Deputy Chief Justice following the disgraceful exit of Nancy Baraza. Her appointment awaits vetting and approval by Parliament when it convenes later in the year. Since she has not been vetted by Parliament, she will not be sitting in the deliberations of the Court.
source STANDARD NEWSPAPER..
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Post by kamalet on Mar 12, 2013 12:15:53 GMT 3
CORD is going about it the wrong way!
Failure of the electronic results transmission system cannot invalidate the election if the tallying on Form 36 is correct.
The election petition is not a judicial inquiry hence the agreements between Safaricom and IEBC are really not relevant to the certification of a valid election - again refer to my point above.
The Supreme court only relies on Form 36 which is the tallying sheet from the constituency returning officer that forms the basis of the results announcement.
Refer to the rules:
15. (1) The Registrar shall, within three days of the filing of a
petition, notify the Commission of the petition.
(2) The Commission shall deposit with the Registrar copies of
Form 36 of the Election (General) Regulations, 2012 in respect of the
presidential election from each County.
But having said all this, and being a conspiracy theorist......I would like to imagine that CORD does not want to proceed with the petition. These are shenanigans to justify their inability to proceed with the petition and on the basis that they could not get all the details they needed in the short time frame available under the law to file a sustainable petition!
So come Thursday, they will do a Bensouda and declare they will not proceed!
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Post by foresight on Mar 12, 2013 12:33:30 GMT 3
hahaha Kamalet... CORD IS GOING ABOUT IT THE WRONG WAY? really? and you are Jukwaa's "Chief Justice" Kamalet right? and what you have stated above is the right way... correct? Makozewe writes : The current on going peace in Kenya is due to the current on going petition process by Cord. Those condemning Raila Odinga and his Cord coalition for filing a petition in the Supreme Court are insincere because the process is provided for in the Constitution. Regardless of preparations to portray the impression that all is well, much will depend on the type of case Cord presents in court to challenge the declaration of Uhuru Kenyatta as president-elect. The denial of key documents to Cord’s legal team is not healthy. This is because documents related to elections held by IEBC should be public documents. By locking up the documents, IEBC is silently informing the watching public that it has something to hide. At this point in time, Cord requires all assistance it needs in the spirit of transparency and accountability. IEBC should therefore not hide documents or make it difficult for Cord to gather evidence. If Cord’s legal team is constantly frustrated, the outcome of the Petition in the Supreme Court will be in question especially in the eyes of the 5 million Kenyans who voted for Cord. This will be risky. kenyastockholm.com/2013/03/12/iebc-should-not-deny-cords-legal-team-election-documents/ Jukwaa CJ Kamalet... whats your take on that? I noticed elsewhere you have dismissed CORDs petitioning for the release of this information as a pointer to their cluelessness.... Should they be given this information or not according to you? |
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Post by kamalet on Mar 12, 2013 12:49:51 GMT 3
"If Cord’s legal team is constantly frustrated, the outcome of the Petition in the Supreme Court will be in question especially in the eyes of the 5 million Kenyans who voted for Cord."
Correctly fits into my theory!!!
Now let us look at this red herring on documents:
We were told at the National Tallying centre that everytime the results were verified, copies of the documents being read to the public were also given to the Party Chief Agent as well as the Presidential Chief Agent of each candidate. When then ask for the same documents? (Please refer to what the IEBC relies on)
How about registers?
Every party had a copy of the final register otherwise how was it ever going to plan its campaign without the registers??
One other issue I note and someone did warn me off it here was that Cord's issue was with IEBC as opposed to Jubilee. I even suggested that Uhuru had to be a respondent and I my ability to read english was questioned!
so guys, here goes as to the definition of the RESPONDENTwithin the meaning of a petition:
“petitioner” means a person filing a petition and includes a
cross-petitioner;
“respondent” means the President-elect and includes the
Deputy President-elect, the Commission and any other person named
in the petition as a respondent.
I seriously cannot wait for the filings by the Cord Team.
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Post by foresight on Mar 12, 2013 13:07:43 GMT 3
Well check this piece.... FROM - Otieno Kajwang' Looking at Oraro's submission, reality will dawn on Kenyans when our lawyers will start proving how some 703,019 Votes were rigged in the Supreme Court. It will be shocking when Telephone Conversation (Admissible), Bank Accounts, Death threats, et al. shall be laid bare in front of all Kenyans. Our Opponents forgot they were communicating in open GPRS Protocols - The digital team forgot to secure their communications channel!! www.facebook.com/permalink.php?story_fbid=225347700923511&id=212810272177254In the next ten or so days be prepared for massive resignations, embarrassment and reality checks, this will affect top government officials, journalists, some commissioners, media houses etc - After the submissions you will understand why Obama Compared Kenya to Syria.. To Our supporters stay Calm and maintain peace as we release the Jocker Card and wait for a re-run.. #PEACE Guys do you really believe KAJWANG is saying all that for the sake of hoodwinking CORD supporters? |
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Post by kamalet on Mar 12, 2013 13:15:17 GMT 3
Well check this piece.... FROM - Otieno Kajwang' Looking at Oraro's submission, reality will dawn on Kenyans when our lawyers will start proving how some 703,019 Votes were rigged in the Supreme Court. It will be shocking when Telephone Conversation (Admissible), Bank Accounts, Death threats, et al. shall be laid bare in front of all Kenyans. Our Opponents forgot they were communicating in open GPRS Protocols - The digital team forgot to secure their communications channel!! www.facebook.com/permalink.php?story_fbid=225347700923511&id=212810272177254In the next ten or so days be prepared for massive resignations, embarrassment and reality checks, this will affect top government officials, journalists, some commissioners, media houses etc - After the submissions you will understand why Obama Compared Kenya to Syria.. To Our supporters stay Calm and maintain peace as we release the Jocker Card and wait for a re-run.. #PEACE Guys do you really believe KAJWANG is saying all that for the sake of hoodwinking CORD supporters? My previous comment on this Kajwang thing was "utter rubbish" |
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Post by foresight on Mar 12, 2013 13:27:16 GMT 3
So Kamalet you are confident that CORD has nothing in the ARMOURY that could seriously HURT Jubilees ascension to power..... these requests from IEBC AND SAFARICOM according to you are shenanigans like you put it.....
"to justify their inability to proceed with the petition and on the basis that they could not get all the details they needed in the short time frame available under the law to file a sustainable petition!
In other words A WASTE OF TIME? There are others who will vehemently disagree with you... for now I will wait a little longer for the development of this case..
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Post by kamalet on Mar 12, 2013 13:39:53 GMT 3
So Kamalet you are confident that CORD has nothing in the ARMOURY that could seriously HURT Jubilees ascension to power..... these requests from IEBC AND SAFARICOM according to you are shenanigans like you put it..... "to justify their inability to proceed with the petition and on the basis that they could not get all the details they needed in the short time frame available under the law to file a sustainable petition! In other words A WASTE OF TIME? There are others who will vehemently disagree with you... for now I will wait a little longer for the development of this case.. Foresight I am probably wrong by a country mile. But then I am looking at the direction of their evidence gathering - forget about the fact that on Saturday Raila told us that they had overwhelming evidence and today they are getting court's help to obtain evidence - and I am thinking that they are exposing how badly organised they were for the elections. Why in all that is holy would they be seeking to get the preliminary register and the final register today? How did they do their election planning if they did not know who was registered where? Can you possibly believe that they did not know that Kajiado South had 46000 registered voters and not the 41000 that was being bandied about? That is a massive 10% of the vote they would not know about? My arguments are based on common sense questions....but then I will wait for the final filings and see how wrong or right I am!! Finally, there is a reason why the drafters of our constitution gave 14 days to the supreme court to hear and determine the petition......avoiding utoto in the petition! |
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Post by foresight on Mar 12, 2013 13:44:46 GMT 3
Do not forget that CORD is on record to the effect that , it requested IEBC to stop the tallying process and this is how the election boss responded...THE IEBC has said it will not stop announcing the final results of the presidential elections despite the Coalition for Reforms and Democracy raising concerns over the tallying. Commission chairman Issack Hassan yesterday asked those dissatisfied with the process to seek legal redress instead of trying to stop the commission from undertaking its work. “We cannot stop tallying. This is a legal process and we have declared the results of other elective positions. This is the final leg of the (election) process,” Hassan said at a media briefing last evening...... THATS EXACLY WHAT CORD has done HE SHOULD NOW COOPERATE... AMA?www.254lately.com/news/we-will-not-stop-tallying-iebc-boss-tells-cord |
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Post by kamalet on Mar 12, 2013 13:52:01 GMT 3
Do not forget that CORD is on record to the effect that , it requested IEBC to stop the tallying process and this is how the election boss responded...THE IEBC has said it will not stop announcing the final results of the presidential elections despite the Coalition for Reforms and Democracy raising concerns over the tallying. Commission chairman Issack Hassan yesterday asked those dissatisfied with the process to seek legal redress instead of trying to stop the commission from undertaking its work. “We cannot stop tallying. This is a legal process and we have declared the results of other elective positions. This is the final leg of the (election) process,” Hassan said at a media briefing last evening...... THATS EXACLY WHAT CORD has done HE SHOULD NOW COOPERATE... AMA?www.254lately.com/news/we-will-not-stop-tallying-iebc-boss-tells-cordAnd they sent Haroun Ndubi to get the court to stop the tallying and the court declined.. |
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Post by foresight on Mar 12, 2013 14:11:38 GMT 3
My point is this ... CORD cried "wolf" ..... and as Hon Raila put it... No one including the court, the media, IEBC and all other presidential candidates wanted to hear about it.. the media totally gave CORD a black out.. perhaps understandably so.... fear of emotional backlash and all that...
Now CORD is alleging that something illegal happened/transpired during the election process that denies then an opportunity to reach their goal.... and they want redress and justice...
Anything wrong with that?
I am sure you will say "NO" nothing wrong with that "wapewe haki yao" and I too say why not NOT give them all they asking for... regardless of this or that... iko wapi shida?
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Post by kamalet on Mar 12, 2013 14:46:22 GMT 3
My point is this ... CORD cried "wolf" ..... and as Hon Raila put it... No one including the court, the media, IEBC and all other presidential candidates wanted to hear about it.. the media totally gave CORD a black out.. perhaps understandably so.... fear of emotional backlash and all that... Now CORD is alleging that something illegal happened/transpired during the election process that denies then an opportunity to reach their goal.... and they want redress and justice... Anything wrong with that? I am sure you will say "NO" nothing wrong with that "wapewe haki yao" and I too say why not NOT give them all they asking for... regardless of this or that... iko wapi shida? I would actually want this to go to full hearing and if the courts find fault in the process to order a repeat. I am confident that Uhuru would keep his numbers and Raila would struggle to catch up being beaten thoroughly for the final humiliation! Is it really worth it? As I said elsewhere, very many Kenyans wouldhave cheered Raila if he had conceded the election notwithstanding the challenges the poll had. I fear many will jeer him either at the end of the court process or at the ballot if it gets that far. |
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Post by foresight on Mar 12, 2013 14:47:43 GMT 3
Rumours are getting lounder ... and I mean LOUUDER that the commissioners are now very divided over the manner in which last Monday’s election was handled. Yesterday "Independent Electoral and Boundaries Commission (IEBC) chief executive James Oswago declined to comment on claims by Cord that some commissioners had been forced to announce doctored results during the vote tallying at the Bomas of Kenya" www.nation.co.ke/News/politics/IEBC-tight-lipped-on-split-claims/-/1064/1717858/-/erjhj7/-/index.html |
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Post by kamalet on Mar 12, 2013 15:33:35 GMT 3
Rumours are getting lounder ... and I mean LOUUDER that the commissioners are now very divided over the manner in which last Monday’s election was handled. Yesterday "Independent Electoral and Boundaries Commission (IEBC) chief executive James Oswago declined to comment on claims by Cord that some commissioners had been forced to announce doctored results during the vote tallying at the Bomas of Kenya" www.nation.co.ke/News/politics/IEBC-tight-lipped-on-split-claims/-/1064/1717858/-/erjhj7/-/index.htmlOswaggo (who you remember was locked up in jail on Friday!!!) was asked the same question on saturday and responded to the negative. I think we are into rumour-time in the absence of anything interesting! |
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Post by kamalet on Mar 12, 2013 15:56:54 GMT 3
Further insight into this case.
The application at the high court was pursuant to Freedom of Information as enshrined in the constitution. So despite the application being certified as urgent and to be heard tomorrow, the advocates of Safaricom and IEBC (and I HOPE THEY DO NOT) could easily ask for an adjournment to allow them study the petition and suitably respond. Lenaola then gives them upto Friday to do so and the hearing is held then on that day. Depending on the diligence of the judges, they could rule that day for the information to be provided. Safaricom and IEBC then say it will take them at least 2 days to provide the information since they cannot act until they are ordered to do so in a decision.
So come Monday and the Election Petition on the presidential election would have been timebarred under the constitution if by then Cord will not have filed it awaiting this "key evidence".
I trust and hope this is not the route that Cord wants to take to support its petition.
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Post by Daktari wa makazi on Mar 12, 2013 16:15:57 GMT 3
KamaletYour Raila phobia is getting the better of you! The matter is before the Court where two Respondents have been asked to furnish the Claimant and the Court with further information. This are fundamental information to help move forward the case and help inform the Court on forming a view. The Court will stay the matter until that information is provided. So stop this jua kali nonsense on time barred! Time does not run until the Court determines this matter. I doubt if the Court will entertain your bizarre logic the presidential petition is time-barred on the upuzi reasons you give. I have remain hushed waiting for the Court, however each day which passes I gain new insight into the case, especially from the CORD angle - it looks pretty tight but I would not speculate. I trust the respected Senior Counsels (SC) running CORD case are not fools to back it in the Court, where there is tangible and probative evidence to support their stance. Further insight into this case. The application at the high court was pursuant to Freedom of Information as enshrined in the constitution. So despite the application being certified as urgent and to be heard tomorrow, the advocates of Safaricom and IEBC (and I HOPE THEY DO NOT) could easily ask for an adjournment to allow them study the petition and suitably respond. Lenaola then gives them upto Friday to do so and the hearing is held then on that day. Depending on the diligence of the judges, they could rule that day for the information to be provided. Safaricom and IEBC then say it will take them at least 2 days to provide the information since they cannot act until they are ordered to do so in a decision. So come Monday and the Election Petition on the presidential election would have been timebarred under the constitution if by then Cord will not have filed it awaiting this "key evidence". I trust and hope this is not the route that Cord wants to take to support its petition.
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bob
Full Member
Posts: 238
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Post by bob on Mar 12, 2013 16:16:01 GMT 3
Further insight into this case. The application at the high court was pursuant to Freedom of Information as enshrined in the constitution. So despite the application being certified as urgent and to be heard tomorrow, the advocates of Safaricom and IEBC (and I HOPE THEY DO NOT) could easily ask for an adjournment to allow them study the petition and suitably respond. Lenaola then gives them upto Friday to do so and the hearing is held then on that day. Depending on the diligence of the judges, they could rule that day for the information to be provided. Safaricom and IEBC then say it will take them at least 2 days to provide the information since they cannot act until they are ordered to do so in a decision. So come Monday and the Election Petition on the presidential election would have been timebarred under the constitution if by then Cord will not have filed it awaiting this "key evidence". I trust and hope this is not the route that Cord wants to take to support its petition. Looks like you want to appoint yourself an advocate for CORD,be rest assured that they have enough wise counsel & the last thing the would do is to be time barred. Yours is wishful thinking,they are a very experienced lot ,please worry not. And the last time I checked you hardly anything nice to say about CORD and its leaders. |
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Post by kamalet on Mar 12, 2013 16:19:20 GMT 3
Further insight into this case. The application at the high court was pursuant to Freedom of Information as enshrined in the constitution. So despite the application being certified as urgent and to be heard tomorrow, the advocates of Safaricom and IEBC (and I HOPE THEY DO NOT) could easily ask for an adjournment to allow them study the petition and suitably respond. Lenaola then gives them upto Friday to do so and the hearing is held then on that day. Depending on the diligence of the judges, they could rule that day for the information to be provided. Safaricom and IEBC then say it will take them at least 2 days to provide the information since they cannot act until they are ordered to do so in a decision. So come Monday and the Election Petition on the presidential election would have been timebarred under the constitution if by then Cord will not have filed it awaiting this "key evidence". I trust and hope this is not the route that Cord wants to take to support its petition. Looks like you want to appoint yourself an advocate for CORD,be rest assured that they have enough wise counsel & the last thing the would do is to be time barred. Yours is wishful thinking,they are a very experienced lot ,please worry not. And the last time I checked you hardly anything nice to say about CORD and its leaders. Bob It is NOT about KAMALE. Debate the issue and ignore me! That is how it is supposed to be!!! |
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Post by podp on Mar 12, 2013 17:58:38 GMT 3
CORD PRESS STATEMENT - We would like to draw the country’s attention to the following:
1. IEBC is currently running advertisements on media asking Kenyans to accept the results of the elections held last week. We would like to reiterate that the right to petition an election result is constitutionally guaranteed. IEBC as the institution whose deficiencies are subject of such challenges cannot therefore purport to ask the public to accept the election results as that is tantamount to violation of the democratic rights. We demand that the IEBC stop these advertisements forthwith.
2. As CORD prepares to file the petition against the presidential results, our candidate has made concrete assurances to the public that he will respect and uphold the decision of the Supreme Court on this matter. We hereby ask the Jubilee Alliance to issue a similar assurance to Kenyans.
3. We are concerned at attempts by sections of government to create the impression that the election is over and done with. We would like to inform the government, our supporters and Kenyans in general that the process of filing a petition is part and parcel of the election process and urge the government to respect this process and stop any provocative actions that could undermine the process and prevailing peace in the country.
4. Note that the Coalition government is still in place until the next President is sworn in, which will be clear when the petition to be filed within the constitutional timeline has been determined by the Supreme Court.
For
CORD COMMUNICATION TEAM
Hon James Orengo
Hon Mutula Kilonzo
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