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Post by foresight on Mar 13, 2013 14:33:07 GMT 3
developments In a nutshell
1) Today High Court orders electoral commission lawyers to discuss ways of providing documents demanded by the Coalition for Reforms and Democracy (Cord).
2) Justice Isaac Lenaola directed IEBC and Cord lawyers to appear in court at 11.30 am after reaching agreement.
3) Safaricom has undertaken to play its part in explaining and or providing in providing the Judiciary with all pertinent information of its role with the IEBC.
4) “This information is limited to what can be legally disclosed, what is technically available and specifically only that which directly emanates from its contractual scope with the IEBC,”
5) Cord on their part has also withdrawn a demand that Safaricom release a printout of all messages sent through the hand-held transmission devices; contracts signed with IEBC in connection with the General Election and information transmitted to the IEBC server on March 4 and 5,
6) Safaricom welcomed the withdrawal of the petition.
7) Jubilee alliance will have the same access to the documents requested by Cord in the petition.
8) The IEBC and Cord will appear in court again on Friday for further orders and directions.
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Post by kamalet on Mar 13, 2013 14:41:13 GMT 3
developments In a nutshell 1) Today High Court orders electoral commission lawyers to discuss ways of providing documents demanded by the Coalition for Reforms and Democracy (Cord). 2) Justice Isaac Lenaola directed IEBC and Cord lawyers to appear in court at 11.30 am after reaching agreement. 3) Safaricom has undertaken to play its part in explaining and or providing in providing the Judiciary with all pertinent information of its role with the IEBC. 4) “This information is limited to what can be legally disclosed, what is technically available and specifically only that which directly emanates from its contractual scope with the IEBC,” 5) Cord on their part has also withdrawn a demand that Safaricom release a printout of all messages sent through the hand-held transmission devices; contracts signed with IEBC in connection with the General Election and information transmitted to the IEBC server on March 4 and 5, 6) Safaricom welcomed the withdrawal of the petition. I do not think Cord can get all this information and sensibly file a petition before saturday. So it looks like I will miss the inauguration of our President on 26th! What a shame I have to travel that day! |
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Post by mwalimumkuu on Mar 13, 2013 18:29:36 GMT 3
Interesting: intelligencebriefs.com/?p=3443I personally have held the believe that CORD/ODM had something to do with the failure of the electronic system, and this they must have done with the help of a very powerful hand out there. We all can remember how excited RR and others were on the first day of counting vote tallying and how that later turned into insults immediately the IEBC reverted to the manual register. |
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Post by jakaswanga on Mar 13, 2013 20:03:26 GMT 3
What are CJ Mutunga's pledges worth? What has changed this time around?
If your memory fails you, take a moment to visit the thread started by the late handle Adongo: here comes the CJ on integrity. And if you have time, trawl further through Jukwaa, and acquaint thyself with his earlier promises which have been just that.
So, before I believe his new pledge, what transformation has he undergone?
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Post by deyiengs on Mar 13, 2013 20:12:34 GMT 3
Muthama
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Post by mwalimumkuu on Mar 13, 2013 20:36:51 GMT 3
Doyiengs,That is pathetic to say the least. If these are the kinds of vinyangarikas Raila wants to be associated with so be it. He has good company in retirement. But let me tell them one thing, Kenyans want peace and are not interested in pushing and shoving of any kind especially one laced with such tribal bigotry as the one Muthama represents. So let Muthama and Raila not delude themselves that they can threaten everyone with 'cha mtema kuni'. They are in for a rude shock.
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Post by kamalet on Mar 13, 2013 23:04:24 GMT 3
According to Raila, he was told by foreign media that he had won by 55% according to "Exit Poll" and he even had the brains to add that you know these are most reliable!, so on the basis of this he believes he was robbed of the election.
I am not sure if he ever heard of the exit polls by Elog.....
Please check from 21 minutes.
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Post by foresight on Mar 14, 2013 0:35:12 GMT 3
Jackaswanga greetings...
1)What are CJ Mutunga's pledges worth?
2) What has changed this time around?
3) What transformation has he undergone?
Your above questions can only be answered by you.. For example..
Are you insinuating that Kenya's Chief Justice Dr Mutunga is incapable of delivering fair judgement in this election petition by CORD.
Also state if you believe he will influence all the other high profiled Judges to turn a verdict in a particular way?
What is the relationship according to you, of Dr Mutunga's current status and that thread you are making reference to.. The one started by the veteran "Jukwaaist" Adongo...
I do not know the kind of transformation the Chief Justice has gone through, what I know is this, he is one strong member of the supreme court who will hear this case.
I much more faith in our Judiciary than I used to previously. Over to you!
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Post by foresight on Mar 14, 2013 1:46:56 GMT 3
Prime Minister Raila Odinga yesterday assured his supporters that the Coalition for Reforms and Democracy had sufficient grounds to petition the election of Uhuru Kenyatta as the fourth president of Kenya. SPEECH SUMMARY... 1) The petition was not merely to contest the election but was to defend democracy and secure it for posterity 2) Kenyans should support CORD in its quest for justice and truth. 3) Rejecting the notion that little electoral theft here and there every five years constitutes some kind of magical progression towards greater democracy and change” 4) We have the responsibility to protect our ballots” 5) Elected governors, senators and Members of parliament Vice President Kalonzo Musyoka and trade Minister Moses Wetangula attended. www.the-star.co.ke/news/article-111940/raila-defends-election-petition |
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Post by mwalimumkuu on Mar 14, 2013 6:50:57 GMT 3
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Post by mank on Mar 14, 2013 7:54:51 GMT 3
If someone is to create fiction better make it lively. This is boring. Ati "... exit polls don't lie." Perhaps we need not count ballots any more then ... exit polls are a much easier and cheaper way out, and especially if they don't lie. Just what's going on in Raila's head?
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Post by cheshirecat on Mar 14, 2013 9:25:43 GMT 3
Are you insinuating that Kenya's Chief Justice Dr Mutunga is incapable of delivering fair judgement in this election petition by CORD. Also state if you believe he will influence all the other high profiled Judges to turn a verdict in a particular way? It's precisely what we are questioning. A judge who has made his presidential preference known in public would never be allowed to sit in a petition to determine the a presidential election involving that candidate. it would never happen anywhere on this planet and I know Mutunga knows it. Maybe he never figured he would ever find himself in this situation when he said those words but here he his. millions of Jubilee supporters would never believe his impartiality especially if he ruled against them This by the way, regardless of whether the ruling has merit or not. Come on Mutunga, do the honorable thing. |
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Post by podp on Mar 14, 2013 9:52:25 GMT 3
Are you insinuating that Kenya's Chief Justice Dr Mutunga is incapable of delivering fair judgement in this election petition by CORD. Also state if you believe he will influence all the other high profiled Judges to turn a verdict in a particular way? It's precisely what we are questioning. A judge who has made his presidential preference known in public would never be allowed to sit in a petition to determine the a presidential election involving that candidate. it would never happen anywhere on this planet and I know Mutunga knows it. Maybe he never figured he would ever find himself in this situation when he said those words but here he his. millions of Jubilee supporters would never believe his impartiality especially if he ruled against them This by the way, regardless of whether the ruling has merit or not.Come on Mutunga, do the honorable thing. ... hate e-mails from those who do not have the humility, modesty, and courage to live with a loss or a win are flying around. The hate mongers, who have based their reactions on prejudices rather than constitutional procedure, have ignored precedent. They just want the country to ‘move on’. www.standardmedia.co.ke/?articleID=2000079218&story_title=Kenya-Opinion-pollsters-did-not-anticipate-multiplier-bugs |
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Post by Horth on Mar 14, 2013 9:55:17 GMT 3
It's precisely what we are questioning. A judge who has made his presidential preference known in public would never be allowed to sit in a petition to determine the a presidential election involving that candidate. it would never happen anywhere on this planet and I know Mutunga knows it. Maybe he never figured he would ever find himself in this situation when he said those words but here he his. millions of Jubilee supporters would never believe his impartiality especially if he ruled against them This by the way, regardless of whether the ruling has merit or not. Come on Mutunga, do the honorable thing. I've been wondering what compelled Prof. Makau Mutua to pen this odd opinion just before the elections: CJ stands between Kenyans and tyranny or chaos I personally think Mutunga is up to the job. He knows what is at stake and his personally opinions before he was made CJ would not influence him. |
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Post by foresight on Mar 14, 2013 10:56:59 GMT 3
By Makau Mutua... link provided by Horth
1) The ultimate legitimacy of an election rests with the Judiciary. That solemn task rests with CJ Mutunga’s Judiciary.
2) Only the CJ Mutunga stands between Kenyans and tyranny, or mayhem.
3 There’s another reason why CJ Mutunga is the pivot of the country. That’s because the legislature doesn’t exist; it was disbanded for the elections.
4) Some malignant fellows want to lower CJ Mutunga’s moral standing and probity for their own nefarious agendas.
5) They are afraid of an upright chief justice, one whose ear they can’t bend, or whose heart they can’t weaken.
6) Kenya fortunate to have the calibre of Dr Mutunga for a chief Justice.
7) “Dark forces” may believe that only the CJ and the judiciary stand in the way of a power grab. They are right –
8) CJ Mutunga’s fidelity to the Constitution is beyond question. He’ll defend it to the death.
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Post by kamalet on Mar 14, 2013 11:16:00 GMT 3
By Makau Mutua... link provided by Horth 1) The ultimate legitimacy of an election rests with the Judiciary. That solemn task rests with CJ Mutunga’s Judiciary. 2) Only the CJ Mutunga stands between Kenyans and tyranny, or mayhem. 3 There’s another reason why CJ Mutunga is the pivot of the country. That’s because the legislature doesn’t exist; it was disbanded for the elections. 4) Some malignant fellows want to lower CJ Mutunga’s moral standing and probity for their own nefarious agendas. 5) They are afraid of an upright chief justice, one whose ear they can’t bend, or whose heart they can’t weaken. 6) Kenya fortunate to have the calibre of Dr Mutunga for a chief Justice. 7) “Dark forces” may believe that only the CJ and the judiciary stand in the way of a power grab. They are right – 8) CJ Mutunga’s fidelity to the Constitution is beyond question. He’ll defend it to the death. Foresight Consider this. Makau and Mutunga are lifelong friends....that you cannot take away. Makau is an avowed hater of the Uhuruto camp He has already written condemning Kenyans for the mistake of electing the two. He then writes about the CJ being the arbiter...forget about the fact that he seemed to have known that whatever the outcome the judiciary would be involved. Now if the Jubilee camp asked Mutunga to Recuse himself from hearing the petition on account of these apprehensions, do you think he should? |
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Post by Daktari wa makazi on Mar 14, 2013 12:03:16 GMT 3
I am getting sick and tired of Uhuru fanclub theatrics. Kenyan mustn't be taken for granted!
The election is a process which only terminates when the procedure as defined by Law comes to end or by concession. Neither has yet taken place. So, why this unnecessary panyakukaring!
To my knowledge, the role of the Judiciary is very crucial to the authenticity of the elections. Petitions must be allowed to be ventilated in Courts. Only then can people be declared victors.
For those casting aspersions on the person of the CJ, you are simply clutching proverbial straws. To my knowledge, the CJ has not indicated that he is against Uhuruto. Even if he was, so for example if he did not vote for Uhuruto, there is no legitimacy in questioning him.
It is not his personal preference which is being sought, but his judicial acumen to decide on evidence whether the election process was fit for purpose. From what I have heard, there were rampant irregularities from which one can deduce the election was flawed. The Court by way of the petition will be called to make a judgement on that matter.
What I know is that Uhuruto will not be allowed to grab power, if it is established that the election was stolen. That establisment can only be made by the Supreme Court.
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Post by kamalet on Mar 14, 2013 13:02:56 GMT 3
I am getting sick and tired of Uhuru fanclub theatrics. Kenyan mustn't be taken for granted! The election is a process which only terminates when the procedure as defined by Law comes to end or by concession. Neither has yet taken place. So, why this unnecessary panyakukaring! To my knowledge, the role of the Judiciary is very crucial to the authenticity of the elections. Petitions must be allowed to be ventilated in Courts. Only then can people be declared victors. For those casting aspersions on the person of the CJ, you are simply clutching proverbial straws. To my knowledge, the CJ has not indicated that he is against Uhuruto. Even if he was, so for example if he did not vote for Uhuruto, there is no legitimacy in questioning him. It is not his personal preference which is being sought, but his judicial acumen to decide on evidence whether the election process was fit for purpose. From what I have heard, there were rampant irregularities from which one can deduce the election was flawed. The Court by way of the petition will be called to make a judgement on that matter. What I know is that Uhuruto will not be allowed to grab power, if it is established that the election was stolen. That establisment can only be made by the Supreme Court. Everytime I see a Sadik post especially where there are legal arguments, I always rush to see a gem of legal wisdom and in quite a number of times he actually does not disappoint. On this one about Mutunga's suitability to adjudicate Sadik missed the point and instead went for the wrong target! It was actually very simple, should Mutunga recuse himself if asked to by those who believe his dalliance with opponents of Jubilee and die hard supporters of Raila was brought to the fore? If you do not think he should be asked to recuse himself...make tht argument and we can debate it. |
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Ouali
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Post by Ouali on Mar 14, 2013 14:07:36 GMT 3
Those calling for mutunga to excuse self from the case Know it so well it will never happen. The CJ cannot abscond duty when the country mostly needs his wisdom and judgement. For those who are taking it lightly, this case could be a milestone in kenyans history and any judge worth his salt would but froth to be part of that history.
Just to show why I believe so, the CJ in person asked media houses to relay the proceedings live on tv. Tell me he will be missing in action!!!!!
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Post by cheshirecat on Mar 14, 2013 14:22:49 GMT 3
I am getting sick and tired of Uhuru fanclub theatrics. Kenyan mustn't be taken for granted! The election is a process which only terminates when the procedure as defined by Law comes to end or by concession. Neither has yet taken place. So, why this unnecessary panyakukaring! To my knowledge, the role of the Judiciary is very crucial to the authenticity of the elections. Petitions must be allowed to be ventilated in Courts. Only then can people be declared victors. For those casting aspersions on the person of the CJ, you are simply clutching proverbial straws. To my knowledge, the CJ has not indicated that he is against Uhuruto. Even if he was, so for example if he did not vote for Uhuruto, there is no legitimacy in questioning him. It is not his personal preference which is being sought, but his judicial acumen to decide on evidence whether the election process was fit for purpose. From what I have heard, there were rampant irregularities from which one can deduce the election was flawed. The Court by way of the petition will be called to make a judgement on that matter. What I know is that Uhuruto will not be allowed to grab power, if it is established that the election was stolen. That establisment can only be made by the Supreme Court. It doesn't matter if mutunga has the weight and judicial wisdom to rival Solomon, whats at play here is a simple judicial rule Nemo iudex in causa sua By making his preference for president public,Raila's presidency became mutunga's cause in the eyes of the 6 million Kenyans who voted for Uhuru whether he likes or not. There is no free and fair court on this earth that would allow Mutunga to sit on that bench to hear that case. btw, I don't also think that he would have any bias but it's immaterial justice must not just be done, it must be seen to be done. Both Jubilee and Cord supporters must believe, beyond doubt, that whatever bench that listens to the case is impartial. Thats not true as far as Mutunga is concerned regardless of what he says. |
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Post by cheshirecat on Mar 14, 2013 14:25:21 GMT 3
Those calling for mutunga to excuse self from the case Know it so well it will never happen. The CJ cannot abscond duty when the country mostly needs his wisdom and judgement. For those who are taking it lightly, this case could be a milestone in kenyans history and any judge worth his salt would but froth to be part of the history. Then six million kenyans are about to have their right to a free and fair hearing screwed over, just to boost someone's ego. So much for respect of law and justice. But typically for cord, they think rights and justice only exist for them and no one else |
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Ouali
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Post by Ouali on Mar 14, 2013 14:39:19 GMT 3
You can call it "boosting someones ego" but the truth is , its being at the right place at the right time and never running away from your responsibilities.
Thats the predicament Mutunga finds himself in today and I believe he will not disappoint in executing fully his mandate as the president of the supreme court of the republic.
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Post by nowayhaha on Mar 14, 2013 15:12:58 GMT 3
I am getting sick and tired of Uhuru fanclub theatrics. Kenyan mustn't be taken for granted! The election is a process which only terminates when the procedure as defined by Law comes to end or by concession. Neither has yet taken place. So, why this unnecessary panyakukaring! Sadiq , Truth be told its CORD/ODM who are taking Kenyans for granted ,Kenyans want to move on with their lives after the elections .Minutes after Uhuru was declared President elect - Raila (CORD/ODMS) presidential candidate who was amongst the losers made a press conference indicating that they are going to petition the presidential election results as they have watertight evidence and guess what till this moment they have not filed in a petition but doing the opposite payukaring asking intelligence committee to stop briefing President elect and his deputy and going all the way doing campaigns in Kibera and making unestablished claims that Raila won by 55 % of the votes from exit polls(where were the exit polls by foreign media conducted ? did you witness any ? for me I didnt witness them and thats one of the reason Im wondering were they conducted in Kibera alone ?) To my knowledge, the role of the Judiciary is very crucial to the authenticity of the elections. Petitions must be allowed to be ventilated in Courts. Only then can people be declared victors. If only they had filed a petition then we would be scrutinizing and objectively discussing the merits and demerits of the petition and the likely or unlikely outcome . As we speak now they havent but they are yelling out loudly how they have won the case . So we are not rubbishing the role of the judiciary but asking CORD/ODM bring it on and they better make it quick, then from there we start the discussions .Untill then please let CORD/ODM supporters spare us the chest thumping and false bravado . For those casting aspersions on the person of the CJ, you are simply clutching proverbial straws. To my knowledge, the CJ has not indicated that he is against Uhuruto. Even if he was, so for example if he did not vote for Uhuruto, there is no legitimacy in questioning him. It is not his personal preference which is being sought, but his judicial acumen to decide on evidence whether the election process was fit for purpose. Sadiq as person with law background this is unfortunate coming from you .The CJ is on record saying the only person he believes once he becomes a president can push forward the reform agenda is only Raila Odinga not to add that is on record on Railas Biography .This clearly shows that if he becomes one of the bench members to hear the case he could be partisan -Suffice to say there is information that he has at one time been a member of Railas think tank - This can not be wished away - If the magistrates and "small" judges have had to withdraw from cases due conflict of interest as in Business ties etc what about in this case scenario where Chief Justice Mutunga has political ties(well documented and lots of people who can attest to the ties ) with CORD/ODM and Raila Odinga . Be rest assured that once the petition is filed these will be the calls from Kenyans and TNA/URP sections . From what I have heard, there were rampant irregularities from which one can deduce the election was flawed. The Court by way of the petition will be called to make a judgement on that matter. These are just that hearsay, rumors and propaganda calls and not unless they can be substantiated then they should be treated as such . Mind you in this age of information people can come up with all sorts of allegations but does this amount to the truth ,certainly no. Case in point is the Muthaura's case if you keenly followed the press briefing , Muthauras defence pointed out the shortcomings of basing cases on hearsay and rumors where Muthaura had to go through hell/nightmare only for his case to be dropped due to unreliable and a lying witness . What I know is that Uhuruto will not be allowed to grab power, if it is established that the election was stolen. That establisment can only be made by the Supreme Court. UhuRuto are not grabbing nor plan to grab any power - These are the President elect and his deputy and its the citizens of Kenyans albeit majority of them by 50.07% who bestowed the mantle to them to lead the country the nearest opponent was defeated by more than 800 000 votes a majority that is more than the voters of say a province like Coast who came out to vote - Can we respect the will of the Kenyan people - It is irresponsible to claim that by voting for UhuRuto is tantamount to grabbing power |
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Post by cheshirecat on Mar 14, 2013 15:27:31 GMT 3
and I believe he will not disappoint in executing fully his mandate as the president of the supreme court of the republic. Fortunately for us and humanity in general, legal system world wide are based on far more than 'beliefs' in how 'nice' some people are |
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Ouali
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Post by Ouali on Mar 14, 2013 15:49:14 GMT 3
More than 70% of kenyans have firm and solid trust in the institution of the judiciary under the guidance of Sir. Willy Mutunga. And its this trust that informs our beliefs that the judgements that emanates from that same institution are just.
We can only sympathise with those who only have trust in an institution as long as it favours them and their cronies.
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