CORD Vs IEBC - DR MUTUNGAS PLEDGE TO KENYANS

[kamalet]

Mmmmmmm.1550Hours In Nairobi Kenya.

Still nothing from Cord in the matter of a petition being filed at the Supreme Court as promised by Mutula yesterday at KICC.....

[Daktari wa makazi]

Kamalet

The case being made is simple - until that time when the Court has decided on the legality of the election process, no one should be in any illusion that they are victors.

Second, and again simple one, Mutunga is duly appointed CJ, and must be given his constitutional entitlement as a very senior judge. As I have said, he has not abandoned his duty, and there is no sensible allegation against him to warrant me to indulgence in his unsuitability. Having said, I am aware the CJ is a Kenyan who, as every Kenyan, is entitled to vote, because it is his right. But, to his wisdom, he has not made his voting choice public, thus is not a matter of public record. We cannot therefore impute gossip and rumours on whom he voted for, not that it matters.

I agree Judges may be called to recuse themselves, but only on stringent requirement where for example bias can be attributed to them. I see no such malice here! Pray tell me... do you more that the press coverage?

For Chesirecat jumping around with Latin dictum – no-one should be a judge in their own cause, does not help. It iIf Mutunga stood up for election, then he can't judge his own cause in that matter.

In the case of CORD, Mutunga is accussed to have voted for them, and his relation with the Prof Mutua. I see no connection to charges of bias. If that what you had in mind, you are mistaken to think Judges are partisan in elections just for voting for one party, if indeed that is what Mutunga did.

There is a requirement of more than a vague appearance of bias. Evidence must be present where a Judge’s bias must be sufficiently obvious that a reasonable person would easily recognize it. In other words, a reasonable person would not know which side the CJ might be likely to favour, unless your star-gazing is scientific process.

[jakaswanga]

Mar 14, 2013 0:35:12 GMT 3 foresight said:

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!

Blindsight, what is in a name?

I presume you are a CORD hireling, and when the topic is the same, then it is pay day for you. The problem with that attitude, is that you miss other in-depths that would, far in advance, illuminate the blots in your mind.

Were you on Jukwaa when Nereah wa Amadi use the word 'PARLEY' to describe Mutunga's nyamachoma&Tea Get-Together with former PORK Arap Moi? Parley: a potent word whose bull's eye import I believe I did find time to wax superlative upon, for Nereah was atrociously wicked in truth. --You see it so happened that at the same time this famous 'parley' was in process, the former detainee, journalist Mak'Onyango, was suing the same Arap Moi in Mutunga's courts!
That was the day I knew Mutunga does not have his thinking right! A loose nut upstairs as we say in Nyanza. But believe it or not, worse could happen: Mutunga actually defended his actions publicly ---he did not recognise the conflict, ... Moi was this and that elder statesman...

It took some behind the scenes slaps for the damn fool to recognise he was a sitting duck waiting for a dead shot. After that I decided to watch his decisions, public utterances and conduct in office, convinced he needed to be whipped to develop the commiserate mental edge required in professions where IMPARTIALITY to a super-human level is a job description.

I did not have to wait long!

Miguna had written a controversial book which was the subject of legal suits --[Okay, Oraro and the rest later chickened out when they saw double M scratching his crotch and saying come baby come!]-- and wonder above wonder, it was announced the CJ would be the chief guest at the launch of the book!!

I went beside myself with shock. This CJ was clueless. He was setting himself to be a respondent in a litigation before his courts! -D-amn!

Other things which chronicle why I so do a doubting Thomas on him, you can check the thread: Uhuruto Eligibility case, a circus, launched by otishotish. There you can read my takes in further detail if you wish. Key words: vetting board, Judges Warsame, Ibrahim and Majanja-- of the sunday phone call to help Media Moghul Macharia out]; Hilary Clinton.

Issues that raise concerns over his judgment. And which form a pattern I no longer can dismiss as random happenstances.

And now his linkage to Raila as a political soul-mate, and the same happens to be party to the mother of all petitions!

But the worst bone I have to pick with him is of course his thesis on integrity! He would rather bar village thieves and corrupt traffic policemen from holding public office, than ICC indictees. Very kindergarten thinking given this new constitution.
--------------------------------------------------------------
Depending on what use Uhuruto think they might have for the CJ, they will be easy on him. Otherwise an aggressive attorney will subpoena Makau Mutua, subpoena Raila, and summon other CJ political buddies, to, under oath, shed light on the political leanings of the CJ; and ask a separate Judge to rule on the likelihood of 'bias'!

That, given the facts unearthed during the cross examinations, perhaps enough doubt has been raised as to his neutrality, enough to disqualify him, if he wont do it himself, or as legal men say 'recuss' his a.ss himself. By the time that question is asked in a court of law, the CJ's credibility would be in the sewer.

Sadik, you are a lawyer. What is the most aggressive legal situation you have ever witnessed in court?

I think my legal friends here are too used to tame submissions in court.

Mutunga's future as this case, rests with Uhuru Kenyatta. He will instruct his lawyer on the level of niceness, or evil. A political decision.

Blackmail would be the best political option for Uhuruto.

[jakaswanga]

Mar 14, 2013 16:19:20 GMT 3 Daktari wa makazi said:

Kamalet

The case being made is simple - until that time when the Court has decided on the legality of the election process, no one should be in any illusion that they are victors..

That is correct in law. In reality it is bull dung. Currently, power is being consolidated. Irreversible moves are being made behind the scenes.

That is the dynamic of power no judgment will change. For instance Ruto was already in a position to issue an order to bar Raila from accessing the offices which he Ruto has claimed.

And it was not law that made Ruto relent, but a different process.

As a political observer, Law is not the only variable I consider in the equation, or any political situation. Not even the derterminant in transition societies. Usually the capacity of men to inflict evil upon others for whatever reason, is a more important mover of events than legal banter in courts. yes, we historians have a pessimistic view of history.

I don't see Uhuruto surrendering power, law or no law!
Remember this victory was a will of God. Mutunga is no god, is he?

[abdulmote]

I dont think Mutunga's sitting inthe panel of SC judges relating to the CORD's petition should be an issue. After all, his will only be one vote amongst the five, if he chooses to remain within. Did we not see him the other day coming to a sole differing opinion on the constitution of our national assembly without the requisite third as provided in our Constitution? Or is anyone suggesting that his influence will affect the other judges from making their own independent decision?

Mutunga's historical preference as a president is just that. A public declaration of his inner feelings. It is foolish to imagine that the other members of the SC do not have their own ideological leanings, perhaps even with stronger inclinations than Mutunga's, but not publicly declared as his has been.

But I think any one concerned should also take relief from the fact that this case will not be about ideology or political leanings. Instead, it will be about the mechanics of a system's failure if any and whether that should amount to its invalidity. Facts and substantive reasoning only will come into play. Mutunga can vouch for any way that he may want or prefer, but nothing stops the rest of the panel from exercising their independent judicial minds and it is the reasoning behind the same that we should all pay attention to.

Unfortunately or otherwise, there will be no Appeals after this!

[foresight]

Jakaswanga I will be honest with you... every time I read your postings, my sympathy for you increase in leaps and bounds. I am sorry for all the frustrations you are going through or have gone through.

Like I said you are the only one who can answer your own questions...You did not disappoint!

In all that you have written I got one thing, you don't think Dr Mutunga can be an impartial judge... The rest were literal sideshows cleverly administered to camouflage the soul of a troubled brother.

My son was infact laughing at how you make such effort to appear and look wise.. He particularly pointed out how you wanted to draw me to your level.  I use most of the things you write to teach people what to avoid in any decent conversation.

Those who engage with you, mostly pull wool over your eyes and quite frankly I feel for you.

Please feel free to write to me privately if you would like to consider some options I have that honestly I  believe will benefit you. No malice intended. Foresight.....

or Blindsight what's in a name?

[foresight]

Kamale I take judicial independence to mean that judges can make  fair and impartial decisions based solely on the facts presented and the applicable laws, without yielding to political pressure or intimidation. 

I don't necessarily think that it will be wise in the eyes of the Kenya public and the World that a Chief Justice of a whole progressive nation like Kenya resigns due to perceptions or fears that he lacks the moral integrity for impartiality which is one of the very basic fundamental essence of his tenure. 

[kamalet]

Mar 14, 2013 22:14:38 GMT 3 foresight said:

Kamale I take judicial independence to mean that judges can make  fair and impartial decisions based solely on the facts presented and the applicable laws, without yielding to political pressure or intimidation. 

I don't necessarily think that it will be wise in the eyes of the Kenya public and the World that a Chief Justice of a whole progressive nation like Kenya resigns due to perceptions or fears that he lacks the moral integrity for partiality which his one of the very basic fundamental essence of his tenure. 

What you say is the presumption. But a good judge also knows that whilst he is expected to be impartial where the parties before him have doubts about his ability to impartial, the good judge alway recuses himself. Not because he doubts his own integrity, but the integrity he gives the cause of justice.

So Mutunga recusing himself makes him a better especially when it is of his own volition (and am not talking about the public lynching going on to force him out!).

[foresight]

Has Jubilee come out openly stating that they have an issue with Dr MUtunga? Are you perhaps crying much louder than the bereaved?

[jakaswanga]

Mar 14, 2013 21:40:33 GMT 3 foresight said:

Jakaswanga I will be honest with you... every time I read your postings, my sympathy for you increase in leaps and bounds. I am sorry for all the frustrations you are going through or have gone through.
........
or Blindsight what's in a name?

Thanx for the sympathy. But you need doses yourself, so use them on your person, seeing the trauma of your electoral loss.

In all that you have written I got one thing, you don't think Dr Mutunga can be partial judge...

Wrong inference. No, Mutunga can be an impartial judge of course, but the point is, he has been maneuvered into a position where, in the context of social acrimony and intense political conflict in current Kenya, his capacity to do so will be [and can be] so questioned, scathingly interrogated within and outside the courts, to an extent that already renders him dysfunctional because of the points raised ... and justice being done with him is too much in doubt in the minds of opponents.

That is, his person, has become too controversial for that particular case.

And finally, What is in a name? some spelling mistakes are harmless humour. Some, when men call themselves foresight and are aligned to parties called CORD that fly the progressive flag, reveal the careless mediocrity which allows two ICC indictees to beat such a party, by hook or crook, or by fair and square.

You are blind to a simple fact. Cord is no more a desperate tribal amalgam than Jubilee. Difference is Jubilee is better led, therefore better organised.

[jakaswanga]

Mar 14, 2013 20:28:49 GMT 3 abdulmote said:

I dont think Mutunga's sitting inthe panel of SC judges relating to the CORD's petition should be an issue.

Abdul, yours is what I call a purely legalistic take. It assumes an established, normally operative judiciary in a normal political climate.

After all, his will only be one vote amongst the five, if he chooses to remain within. Did we not see him the other day coming to a sole differing opinion on the constitution of our national assembly without the requisite third as provided in our Constitution? Or is anyone suggesting that his influence will affect the other judges from making their own independent decision?

This is true in any case, but it does not invalidate the would-be suspension of a any judge deemed pre-judiced. That is, even if a prejudiced judge will not change the overall outcome of a case/petition, he will still be struck from the case --or recussed as you say.

Mutunga's historical preference as a president is just that. A public declaration of his inner feelings. It is foolish to imagine that the other members of the SC do not have their own ideological leanings, perhaps even with stronger inclinations than Mutunga's, but not publicly declared as his has been.

You are right, every judge has his private preference, some even stronger. But they have not made them public, and therefore theIr persons not controversial. Mutunga's [preferences] is out there, so the question to which extent theSE can or cannot influence his judgment, asks itself automatically, and in PARTISAN Kenya, LOUDLY.

NB: You remember in sittings to choose supreme court judges in the USA, [Eg Obama's female choice Sotomayor], how a judge with outspoken positions [abortion, death-sentence, gun-laws,+discrimination] usually has a tougher time than the other below the radar types. In fact high-profile nominees usually face such intense media glare it is a miracle if they do not withdraw from the process, citing media intrusion into their personal lives. Yet the introverted types who easily sail through could house even more biased/prejudiced personae.

But our Kenya now, the stakes are high and we are fighting a political live or die battle. This context thus makes Mutunga game with a hint of unfair. Just like his studds were made a relevance, while in effect, they should have meant nothing.

But I think any one concerned should also take relief from the fact that this case will not be about ideology or political leanings. Instead, it will be about the mechanics of a system's failure if any and whether that should amount to its invalidity.

Eh, Abdul, on this petition hangs who becomes the official fourth president of kenya. For some, this is a matter of life and death! serious!

Facts and substantive reasoning only will come into play. Mutunga can vouch for any way that he may want or prefer, but nothing stops the rest of the panel from exercising their independent judicial minds and it is the reasoning behind the same that we should all pay attention to.

Nothing stops them indeed. But correct protocol is, by grounded suspicions of bias, or etc etc, a recuss would still be the hygiene option.

Unfortunately or otherwise, there will be no Appeals after this!

So it is a do or die! A very radical situation!

[foresight]

You are Welcome Jackaswanga ...As long as you agree that "HE CAN BE AN IMPARTIAL JUDGE OF COURSE" we are in agreement....the rest are details based on your assumptions....

[foresight]

Latest Snag.. 

1) The electoral commission has been unable to produce the final voters’ register used in the March 4 polls, the Cord team that has disputed the presidential election results said on Thursday. 

2) Former AG Amos Wako, who is one of the lawyers in the Coalition for Reforms and Democracy (Cord) legal team, questioned the preparedness of the commission to handle the elections “without a credible voter register”.

3) Cord leaders said they were yet to get all the documents they needed.

4) Cord team had received crucial information from Safaricom.

5) Johnstone Muthama accused IEBC of frustrating their quest for information that could facilitate the election petition.

6) Cord is yet to file its petition at the Supreme Court but is likely to do so on Friday.

7) Mr Orengo, who was also at the press conference, criticised IEBC chairman Issack Hassan for being inaccessible.

8 “This is the most opaque commission Kenya has ever had. In fact it is rating far much below the ECK under Samuel Kivuitu,” he said.

www.nation.co.ke/News/politics/Cord-protests-over-petition-papers/-/1064/1720376/-/item/1/-/noasht/-/index.html

And the standard reports

1) CORD has chosen Friday, ahead of Monday’s deadline following last Saturday announcement that declared Uhuru as president-elect.

2) They were finalising papers and documents required to file the petition.

3) “It’s important to note that in spite of the High Court order issued to provide us with relevant documentation, the IEBC continues to frustrate this directive,” Mutula added.

3)  It was mischievous for the IEBC to post the documents in its website. “If the electronic tallying collapsed, and they used manual tallying, it could have been fair for them to give us hard copies of the requested documents,” Mutula said during a media briefing at the Serena Hotel.

4) CORD said it has evidence to prove the elections were bungled and that IEBC has been operating in a secretive way.

 Orengo says the electoral body’s chiefs were inaccessible.

5) “This is the most opaque commission, worse that the ECK of 2007.

6 Even to knock on the door of the chairman (Issack Hassan) is like knocking the door of a general in a military camp,” he added.

7)  said IEBC had effected many changes in the registers and thus CORD was seeking all the different versions...

www.standardmedia.co.ke/?articleID=2000079324&pageNo=3&story_title=Kenya--CORD-begins-fight-to-overturn-Uhuru-‘win’

[mwalimumkuu]

Now CORD effect is mobilizing youth to meet at Uhuru Park at 11.30 to accompany its lawyers to the supreme court to file the petition. Be ready for the Kibera urchins will litter the city in the mid morning. As some of us had suspected, this thing is not a petition but something else. We are all eyes and ears.

[kamalet]

Mar 15, 2013 1:35:07 GMT 3 foresight said:

Latest Snag.. 

1) The electoral commission has been unable to produce the final voters’ register used in the March 4 polls, the Cord team that has disputed the presidential election results said on Thursday. 

2) Former AG Amos Wako, who is one of the lawyers in the Coalition for Reforms and Democracy (Cord) legal team, questioned the preparedness of the commission to handle the elections “without a credible voter register”.

3) Cord leaders said they were yet to get all the documents they needed.

4) Cord team had received crucial information from Safaricom.

5) Johnstone Muthama accused IEBC of frustrating their quest for information that could facilitate the election petition.

6) Cord is yet to file its petition at the Supreme Court but is likely to do so on Friday.

7) Mr Orengo, who was also at the press conference, criticised IEBC chairman Issack Hassan for being inaccessible.

8 “This is the most opaque commission Kenya has ever had. In fact it is rating far much below the ECK under Samuel Kivuitu,” he said.

www.nation.co.ke/News/politics/Cord-protests-over-petition-papers/-/1064/1720376/-/item/1/-/noasht/-/index.html

And the standard reports

1) CORD has chosen Friday, ahead of Monday’s deadline following last Saturday announcement that declared Uhuru as president-elect.

2) They were finalising papers and documents required to file the petition.

3) “It’s important to note that in spite of the High Court order issued to provide us with relevant documentation, the IEBC continues to frustrate this directive,” Mutula added.

3)  It was mischievous for the IEBC to post the documents in its website. “If the electronic tallying collapsed, and they used manual tallying, it could have been fair for them to give us hard copies of the requested documents,” Mutula said during a media briefing at the Serena Hotel.

4) CORD said it has evidence to prove the elections were bungled and that IEBC has been operating in a secretive way.

 Orengo says the electoral body’s chiefs were inaccessible.

5) “This is the most opaque commission, worse that the ECK of 2007.

6 Even to knock on the door of the chairman (Issack Hassan) is like knocking the door of a general in a military camp,” he added.

7)  said IEBC had effected many changes in the registers and thus CORD was seeking all the different versions...

www.standardmedia.co.ke/?articleID=2000079324&pageNo=3&story_title=Kenya--CORD-begins-fight-to-overturn-Uhuru-‘win’

Foresight

For the sake of clarity, there were no orders given by Lenaola on Wednesday, and if any are to be given they will be this morning.

Yesterday I saw pictures of photcopiers being offloaded a truck and swarms of paralegals at Bomas collecting all the information they could.

So when I hear Mutula and Orengo tell us that they are being frustrated, it is nothing more than preparation for a failed petition.

As for Wako - one disgraced enough that the new constitution provided for his specific sacking - he cannot talk of lack of registers in an election he was elected Senator! Does he not know that there were no separate registers for different seats?

Finally the day has come when the petition will be filed and we can see how serious these guys were in calling it a stolen election for if it was, the the Supreme court MUST order a repeat!!!

[Daktari wa makazi]

Mar 15, 2013 7:38:28 GMT 3 kamalet said:

Mar 15, 2013 1:35:07 GMT 3 foresight said:

Latest Snag.. 

1) The electoral commission has been unable to produce the final voters’ register used in the March 4 polls, the Cord team that has disputed the presidential election results said on Thursday. 

2) Former AG Amos Wako, who is one of the lawyers in the Coalition for Reforms and Democracy (Cord) legal team, questioned the preparedness of the commission to handle the elections “without a credible voter register”.

3) Cord leaders said they were yet to get all the documents they needed.

4) Cord team had received crucial information from Safaricom.

5) Johnstone Muthama accused IEBC of frustrating their quest for information that could facilitate the election petition.

6) Cord is yet to file its petition at the Supreme Court but is likely to do so on Friday.

7) Mr Orengo, who was also at the press conference, criticised IEBC chairman Issack Hassan for being inaccessible.

8 “This is the most opaque commission Kenya has ever had. In fact it is rating far much below the ECK under Samuel Kivuitu,” he said.

www.nation.co.ke/News/politics/Cord-protests-over-petition-papers/-/1064/1720376/-/item/1/-/noasht/-/index.html

And the standard reports

1) CORD has chosen Friday, ahead of Monday’s deadline following last Saturday announcement that declared Uhuru as president-elect.

2) They were finalising papers and documents required to file the petition.

3) “It’s important to note that in spite of the High Court order issued to provide us with relevant documentation, the IEBC continues to frustrate this directive,” Mutula added.

3)  It was mischievous for the IEBC to post the documents in its website. “If the electronic tallying collapsed, and they used manual tallying, it could have been fair for them to give us hard copies of the requested documents,” Mutula said during a media briefing at the Serena Hotel.

4) CORD said it has evidence to prove the elections were bungled and that IEBC has been operating in a secretive way.

 Orengo says the electoral body’s chiefs were inaccessible.

5) “This is the most opaque commission, worse that the ECK of 2007.

6 Even to knock on the door of the chairman (Issack Hassan) is like knocking the door of a general in a military camp,” he added.

7)  said IEBC had effected many changes in the registers and thus CORD was seeking all the different versions...

www.standardmedia.co.ke/?articleID=2000079324&pageNo=3&story_title=Kenya--CORD-begins-fight-to-overturn-Uhuru-‘win’

Foresight

For the sake of clarity, there were no orders given by Lenaola on Wednesday, and if any are to be given they will be this morning.

Yesterday I saw pictures of photcopiers being offloaded a truck and swarms of paralegals at Bomas collecting all the information they could.

So when I hear Mutula and Orengo tell us that they are being frustrated, it is nothing more than preparation for a failed petition.

As for Wako - one disgraced enough that the new constitution provided for his specific sacking - he cannot talk of lack of registers in an election he was elected Senator! Does he not know that there were no separate registers for different seats?

Finally the day has come when the petition will be filed and we can see how serious these guys were in calling it a stolen election for if it was, the the Supreme court MUST order a repeat!!!

Kamalet

I think you are now hitting below the belt! Wako midwived the Constitution - which removed him from office - a price he paid graciously. He is playing a magnificent role as a senior member of the Bar, and a politician. Much more worse could be said for the arch-thief Gicheru who despite sitting in the helms of the judiciary only used his then office to grab govt house for himself. I doubt if he ever returned the govt house. Where is him, anyway, probably died in oblivion.

What Foresight wrote, if true, stands a clear testimony to the dirty tricks being played. The petitioners must be allowed a free hand in putting across their case, with disclosures of official documents. The fact that the IEBC only released documents online when the same online system failed them during the election makes me wonder what they are hiding.

[kamalet]

Sadik

Hujarudi kwenu, ni mapema sana? I hope you are still home for the weather out there is rather unkind!

Wako could have been gracious, but I know he was a very hurt man and took it out on those that left him to hang. Him and Gicheru were not sacked because they were good, they had baggage that they could not carry into the new constitution.

When he opened his mouth, it actually became very clear why he had to go! Now that is more of an upper cut to the eye...way above the neck!

[Daktari wa makazi]

Jaskaswanga

My experience in legal dispute has taught me not to make judgement without the full sets of facts and to respect both sides until that time when the judgement is made available for me to form a view. In my view, the petition will be a simple matter of what is reasonable, just and fair and the Court will decide based on how the election were done.

I know you like to read, so here I post for you the court procedures on how the presidential petitions will be decided. You have criticised Mutunga, but looking at the procedure, you must agree the man is serious about this matter.

www.kenyalaw.org/klr/fileadmin/pdfdownloads/ElectionRules/Supreme_Court_Presidential_Election_Petition_Rules.pdf

I think you will be interested in knowing that the Court has made decision in other petitions. Here is one i came across,

kenyalaw.org/CaseSearch/view_preview1.php?link=29558941592166221819621

Mar 14, 2013 19:54:07 GMT 3 jakaswanga said:

Mar 14, 2013 16:19:20 GMT 3 Daktari wa makazi said:

Kamalet

The case being made is simple - until that time when the Court has decided on the legality of the election process, no one should be in any illusion that they are victors..

That is correct in law. In reality it is bull dung. Currently, power is being consolidated. Irreversible moves are being made behind the scenes.

That is the dynamic of power no judgment will change. For instance Ruto was already in a position to issue an order to bar Raila from accessing the offices which he Ruto has claimed.

And it was not law that made Ruto relent, but a different process.

As a political observer, Law is not the only variable I consider in the equation, or any political situation. Not even the derterminant in transition societies. Usually the capacity of men to inflict evil upon others for whatever reason, is a more important mover of events than legal banter in courts. yes, we historians have a pessimistic view of history.

I don't see Uhuruto surrendering power, law or no law!
Remember this victory was a will of God. Mutunga is no god, is he?

[Daktari wa makazi]

Mar 15, 2013 8:06:37 GMT 3 kamalet said:

Sadik

Hujarudi kwenu, ni mapema sana? I hope you are still home for the weather out there is rather unkind!

Wako could have been gracious, but I know he was a very hurt man and took it out on those that left him to hang. Him and Gicheru were not sacked because they were good, they had baggage that they could not carry into the new constitution.

When he opened his mouth, it actually became very clear why he had to go! Now that is more of an upper cut to the eye...way above the neck!

Kamalet

I am back at work. It is 5 am here. This the time I get to read the papers and look at jukwaa. I went home for the election stayed for a few days. Yes, it is cold over here.

[mwalimumkuu]

It is being reported that the cowards have postponed the filing of the petition to tomorrow. What a joke.

[Daktari wa makazi]

Mwalimumkuu

I could not let you get away. I’m disappointed you have joined the usual hecklers in Jubilee cohort. Many decent Kenyans, this time round, will not allow the stealing of the election, pray,rest assured.

The story as reported is,

1. On Wednesday, Cord went to court to compel the Independent Electoral and Boundaries Commission (IEBC) and Safaricom to release vital documents it needs to file the petition. IEBC agreed to provide some of the documents.

2. On Thursday, the Cord legal team said the IEBC has been unable to produce the final voters’ register used in the March 4 polls. Mr Wako questioned the preparedness of the commission to handle the elections “without a credible voter register”.

3. On Thursday, the Nation established that the Cord team had received crucial information from Safaricom which lawyers were using to analyse the results released by the IEBC.

4. CORD legal team will scrutinize the information so far received, and

5. Lodge their petition on Saturday.

Source - the Standard, the Nation.

Mar 15, 2013 10:22:18 GMT 3 mwalimumkuu said:

It is being reported that the cowards have postponed the filing of the petition to tomorrow. What a joke.

[foresight]

CORDS  PETITION MOVED TO SATURDAY.

(Cord) has postponed the filing of its petition challenging the election of Uhuru Kenyatta as president to Saturday.

1) Main reason for postponement... 

TO AVOID A "MIXUP" WITH OTHER PETITIONER.

2)  “We want to assure the public that the petition is ready and all the documents are ready for filling.........Move is purely STRATEGIC and has nothing to do with the content of the petition,” OrenGo maintained.

3) Reiterated that they have a watertight case that the elections were not credible.

4) “It would be completely unethical for Senior Counsels like me, Mutula Kilonzo and former Attorney General Amos Wako to go to court if we have no evidence. 

5) He noted that they have consulted with the judiciary and are aware that the seven day window provided by law for the filling of the election petition have not elapsed.

www.standardmedia.co.ke/?articleID=2000079361&story_title=Kenya-CORD’s-petition-pushed-to-Saturday

[mwalimumkuu]

Sadik,

I have different reasons as to why the filing was postponed and I can see Foresight has already posted a totalky different set of reasons. So which is which?

[euonyi]

I was wondering what Orengo meant by not being able to get the documents even from the IEBC website until I came across this:
www.humanipo.com/news/4661/Publication-of-election-results-declaration-sees-IEBC-site-fail-again

Publication of election results declaration sees IEBC site fail again
Kenya’s Independent Electoral and Boundaries Commission (IEBC) website once again went down today following the uploading Form 34 Declaration of Presidential Election results.



The IEBC has repeatedly tried to implement technological solutions throughout the election process in a bid to improve transparency and efficiency, but its efforts have been plagued by technical problems.

Form 34 details the number of votes obtained per presidential candidate at each polling station, a form having been filled out at each station across Kenya during the elections.

In response to ongoing allegations of mistakes in the counting process by the defeated Coalition for Reform and Democracy (CORD), the IEBC on Wednesday agreed in court to make the forms available to the opposition party, but also to the public at large via the IEBC website.

However, the website once again became inaccessible on Friday, as it did for the whole week of vote counting.

Just Pathetic!

[kamalet]

According to a tweet I just saw, it says the procession to take the petition to the supreme court will start at Uhuru Park at 8.00 a.m.

You may want to ask why should a petition be escorted to the supreme court unless there is aplan behind it??

I can reveal the plot for you!

Crowds gather at Uhuru Park and the politicians and the lawyers show up. Police show up and ask the crowd to disperse. At this time and in the confusion it is claimed that the papers to the petition go missing during the commotion which means the petition could not be filed because of the police disruption!!

Unfortunately this will not happen and they better come up with a better plan!

Just like this morning, the police will stop the crowds from as far back as Kibera, ring all of Uhuru Park to ensure no one gathers there and the lawyers will have no option but to take their petition without the crowds to the court where we all know what will happen when the contents are declared....!!