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Post by Omwenga on Mar 18, 2013 14:38:53 GMT 3
twitter.com/ahmednasirlawAhmednasir Abdullahi @ahmednasirlaw The cord petition to the supreme court reads like surrender...the white flag has been raised! the biggest complaint...voter registration!!! Ahmednasir Abdullahi Ahmednasir Abdullahi @ahmednasirlaw I have seen, read and understood the 32 page petition filed at Supreme Court by Cord. one word to describe it...underwhelming! We say and the fact is there is overwhelming evidence of vote tampering and rigging, anyone else including this Ahmednassir can say whatever else they wish to say, even that the evidence is "underwhelming" it doesn't matter. The Supreme Court will have the final say and that's what matters.
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Post by kamalet on Mar 18, 2013 15:13:49 GMT 3
twitter.com/ahmednasirlawAhmednasir Abdullahi @ahmednasirlaw The cord petition to the supreme court reads like surrender...the white flag has been raised! the biggest complaint...voter registration!!! Ahmednasir Abdullahi Ahmednasir Abdullahi @ahmednasirlaw I have seen, read and understood the 32 page petition filed at Supreme Court by Cord. one word to describe it...underwhelming! Even some die hard Cord supporters trained in law think this thing is DOA. It would appear unless one is a sycophant the claims of watertight evidence meant exactly the opposite!
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Post by kamalet on Mar 18, 2013 16:29:09 GMT 3
...on this argument of failed electronic equipment, a rare gem from a Kenyan posting a comment in the Nation:
When you go to an ATM and find out that it has malfunctioned you move to the counter, do not tell me that the cashiers do not know how to count hard cash.
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Post by tactician on Mar 18, 2013 16:38:30 GMT 3
Regarding recusal: One - Unlike in other courts where it is up to the conscience of the judge in question to recuse himself or not, at the Supreme Court, a very recent precedent says that a petition for recusal will be heard by all the judges. Here is the relevant precedent: "It follows that the recusal of a Judge of the Supreme Court is a matter, in the first place, for the consideration of the collegiate Bench, whose decision is to set the matter to rest."Source: kenyalaw.org/CaseSearch/view_preview1.php?link=14851252791680800451141delivered on 6th Feb 2013 What are the grounds for asking for recusal? Again, quoting from same precedent by 5 judges of SCOK: "[7] From this definition, it is evident that the circumstances calling for recusal, for a Judge, are by no means cast in stone. Perception of fairness, of conviction, of moral authority to hear the matter, is the proper test of whether or not the non-participation of the judicial officer is called for. The object in view, in the recusal of a judicial officer, is that justice as between the parties be uncompromised; that the due process of law be realized, and be seen to have had its role; that the profile of the rule of law in the matter in question, be seen to have remained uncompromised."
''[9] Different jurisdictions make provisions, through statute or practice directions, for certain grounds for the recusal or disqualification of Judges hearing matters in Court. The most common examples, in this regard are: where the judicial officer is a party; or related to a party; or is a material witness; or has a financial interest in the outcome of the case; or had previously acted as counsel for a party.''Based on the above, a good number of the SCOK judges may be asked to recuse themselves: Mutunga - based on his comments about Raila being best transition president; and Raila is petitioner in presidential contest Ojwang' - has a financial interest in his wife being CORD member Ibrahim - is former partner to Isaak Hassan of IEBC ie they were both partners in same law firm before he became judge. Yet is being asked to rule on Hassan Ndung'u - nominated MP by precursor to Jubilee, PNU. Should any two judges recuse themselves, then we SCOK would be left with only 4 judges - not enough to make a quorum. What should the judges then do? Again, the same precedent sets out the role of SCOK and its limited quorom of 7max judges: ''(a) The Supreme Court’s Limited Numerical Strength
[15] By Article 163(2) of the Constitution, the Supreme Court membership comprises seven Judges; and this Court is properly composed for normal hearings only when it has a quorum of five Judges. We take judicial notice that, for about a year now, the Court has had a vacancy of one member; and also that half of the current membership were previously in service in other superior Courts – and so having the possibility of having heard matters which could very well come up now before the Supreme Court. Recusal, in these circumstances, could create a quorum-deficit which renders it impossible for the Supreme Court to perform its prescribed constitutional functions. [16] Such a possibility would, in our view, be contrary to public policy and would be highly detrimental to the public interest, especially given the fact that the novel democratic undertaking of the new Constitution is squarely anchored firstly, on the superior Courts, and secondly, on the Supreme Court as the ultimate device of safeguard. (b) Good Cause
[17] The recusal principle, therefore, with regard to the Supreme Court, must not be invoked but for good cause; and neither is it to be invoked without weighing the merits of such invocation against the constitutional burdens of the Court, and the public interest.'' [/i] Conclusion - from the above, NONE of the judges will recuse themselves. To do so because of the perceived bias, while technically right, would frustrate the greater public interest. I therefore expect the judges to all sit and rule on the case and let the chips fall where they will. Because of the perceived bias, there will be great pressure amongst themselves to reach a unanimous/majority verdict, if only to save the court and its standing in the eyes of the public. a 3-3 split will forever haunt the country.
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Post by foresight on Mar 18, 2013 20:51:45 GMT 3
Tactian that article mirrors my views on the subject matter in general. To some extent it also supports Omwengas contention that the best verdict would be a unanimous/majority verdict.
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Post by Omwenga on Mar 19, 2013 0:51:29 GMT 3
Tactian that article mirrors my views on the subject matter in general. To some extent it also supports Omwengas contention that the best verdict would be a unanimous/majority verdict. Foresight, I agree and am with you in agreeing with Tactician's analysis, which is convincingly articulated. I sincerely do hope we have a unanimous decision if anything because as I state in the blog that will go a long way in unifying or at least making it more possible for that to happen after the decision regardless of what it is.
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Post by deyiengs on Mar 19, 2013 2:10:28 GMT 3
twitter.com/ahmednasirlawAhmednasir Abdullahi @ahmednasirlaw The cord petition to the supreme court reads like surrender...the white flag has been raised! the biggest complaint...voter registration!!! Ahmednasir Abdullahi Ahmednasir Abdullahi @ahmednasirlaw I have seen, read and understood the 32 page petition filed at Supreme Court by Cord. one word to describe it...underwhelming! Lead counsel, George Oraro also stated that he's very sure that what they have is OVERWHELMING. Now, I don't want to really make comparison between the two lawyers on who to trust, I leave it all for you to make that comparison.
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Post by Fahari on Mar 19, 2013 7:29:08 GMT 3
Raila: “The case will demonstrate to Kenyans that what they went through was a total sham,” he added.
He said it was ironical that 1.7 million Kenyan voters decided to vote for the president alone, and ignored five other elective positions that were up for grabs. Really? I just hope it is not true. If it is, then... (I swallow my words) CORD leaders say March 4 events ‘painful’ to bearSo CORD believes that the election was irredeemably bungled / rigged yet only calls for a re run of the presidential poll what about the other elective positions ? Weren't they also affected by the "rigging"? It is inconceivable that a party bent on manipulating the poll would only target the presidential vote and ignore the gubernatorial, senatorial and legislative seats especially when one considers the the power and influence those positions have under the new constitution. If the election was "rigged" then we need to repeat the entire poll period!
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Post by mank on Mar 19, 2013 7:53:18 GMT 3
Raila:
“The case will demonstrate to Kenyans that what they went through was a total sham,” he added.
He said it was ironical that 1.7 million Kenyan voters decided to vote for the president alone, and ignored five other elective positions that were up for grabs.
Really? I just hope it is not true. If it is, then... (I swallow my words)CORD leaders say March 4 events ‘painful’ to bear So CORD believes that the election was irredeemably bungled / rigged yet only calls for a re run of the presidential poll what about the other elective positions ? Weren't they also affected by the "rigging"?
It is inconceivable that a party bent on manipulating the poll would only target the presidential vote and ignore the gubernatorial, senatorial and legislative seats especially when one considers the the power and influence those positions have under the new constitution.
If the election was "rigged" then we need to repeat the entire poll period!That was an earlier quesiton of mine. I don't think there is any explanation, in all the "overwhelming" evidence. Another thing about which I have not heard any attempted explanation is how Uhuru mastered all the power to control the election like it is being alleged ... obviously if only the presidential elections were being managed as alleged, to Uhuru's benefit, then Uhuru is the king power, not necessarily his party. So from whence, this power? Usually people rig because they are the incumbent office holders hence have the control over the machine. In this case Raila was the bigger incumbent. ... oh, I forgot the usual: Uhuru is Kikuyu!
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bob
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Post by bob on Mar 19, 2013 10:08:58 GMT 3
Back in the late nineties I was a pupilage student of Mutula & I learnt alot. He may not have a been the best teacher because he will make you work under pressure but I realized how sharp the guy was,which am now seeing casual manner in which some of us in jukwaa & even lawyers on Tv who are either on tv to make money or advertise themselves casually dismissing the cord petition. Let me take you specifically quote the words ''the petitioner shall contend to prove'' used in many paragraphs of the petition. Here the petition & or his lawyer simply lays the ground for the prayer but does not disclose his arsenal to the respondent leaving it for a later opportunity during the petition to unleash the evidence & basically carries the burden of proof . Here the respondent is left guessing until the status conference when the detail shall come in. Hence it will be fool hardy for the opposing team to celebrate on the face value. Any substance material evidence whether video,underhand deals & or contracts of the IEBC will come up then leaving the respondent very little time to respond. Sisi ni wanna Kenya asubira kidogo will sort out the mess. And from the look of things & body language Jubilee are a worried lot because ask yourself kwani BVR kits were only used in Central province. Why & how can they be stolen from an office opposite the DC'S office guarded by AP's. KWANINI HAZIJAIBIWA EASTER,NYANZA,COAST etc? ? TAFAKARI YA BABU!
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Post by kamalet on Mar 19, 2013 10:10:12 GMT 3
I do not think the supreme court can make such a ruling as they are requried to only arbitrate on the presidential election. Their ruling would only be to the extent to which any bungling disadvantaged Raila against any such benefits going to Uhuru.
Under the circumstance when Raila concentrates on matters that do not show how HE lost the election, then the court will deem these beyond the scope of a presidential election petition!
Raila's arguments about the registers, electronic failure and procurement are matters of a judicial inquiry rather than a presidential petition.
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Post by einstein on Mar 19, 2013 10:14:37 GMT 3
Petitions regarding all other positions below the presidential one are handled by the lower courts! Kwani iko nini?!
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Post by tactician on Mar 19, 2013 10:37:02 GMT 3
Back in the late nineties I was a pupilage student of Mutula & I learnt alot. He may not have a been the best teacher because he will make you work under pressure but I realized how sharp the guy was,which am now seeing casual manner in which some of us in jukwaa & even lawyers on Tv who are either on tv to make money or advertise themselves casually dismissing the cord petition. Let me take you specifically quote the words ''the petitioner shall contend to prove'' used in many paragraphs of the petition. Here the petition & or his lawyer simply lays the ground for the prayer but does not disclose his arsenal to the respondent leaving it for a later opportunity during the petition to unleash the evidence & basically carries the burden of proof . Here the respondent is left guessing until the status conference when the detail shall come in. Hence it will be fool hardy for the opposing team to celebrate on the face value. Any substance material evidence whether video,underhand deals & or contracts of the IEBC will come up then leaving the respondent very little time to respond. Sisi ni wanna Kenya asubira kidogo will sort out the mess. And from the look of things & body language Jubilee are a worried lot because ask yourself kwani BVR kits were only used in Central province. Why & how can they be stolen from an office opposite the DC'S office guarded by AP's. KWANINI HAZIJAIBIWA EASTER,NYANZA,COAST etc? ? TAFAKARI YA BABU! Wrong. The petitioner MUST disclose all the evidence he has when he is filing the petition. Otherwise, presenting evidence two days before the judgement leaves the other side with no time to respond...and leaves the judges with little time to interrogate the evidence. The supreme court procedure is as follows: 1 - petitioner files case on day 1. 2 - court holds status conference on day 9. 3- between day 1 and day 9, the respondents get a chance to respond to the claims of the petitioner. 4 - between day 1 and day 9, the judges get to evaluate the evidence presented by both sides. They also get to narrow down the issues they need further guidance on by verbally interrogating both sides. 5 - on day 9, the judges get to frame the answers that it needs to decide on the petition as well as other admin issues such as consolidating cases, asking for any further written evidence. It is as this stage that we the public get to know for the first time what the judges minds are leaning towards. 6 - on day 11 & 12, the judges get to hear in person the lawyers from both sides. Here is where the judges in open court get to interrogate the lawyers. 7 - on day 14, judges make a decision on the matter. 8 - after day 14, judges get to release a written decision(s) underpinning the judgement they released on day 14
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Post by kamalet on Mar 19, 2013 12:59:51 GMT 3
3. A petitioner shall lodge, together with the petition, at least eight copies of the petition and all documents which accompany it.
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Post by einstein on Mar 19, 2013 14:32:59 GMT 3
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Post by mwalimumkuu on Mar 19, 2013 19:28:46 GMT 3
The man now wants a forensic audit of the IEBC IT before the hearing of the real petition. Talk of shifting goal posts and groping in the dark.
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Post by Omwenga on Mar 19, 2013 21:20:10 GMT 3
The man now wants a forensic audit of the IEBC IT before the hearing of the real petition. Talk of shifting goal posts and groping in the dark. Mwalimumkuu, It may behoove you to learn or find out that there were separate petitions filed before the High Court by Eliud Owalo, a citizen seeking to compel IEBC and Safaricom to produce certain information. That matter was resolved with the petitioner withdrawing his petition as to Safaricom on condition the firm will provide certain information but IEBC was ordered to work with the petitioner and find ways to get him the information he requested. IEBC has been stalling since then so it's no surprise the PM has filed an additional application basically seeking to obtain the same information previously sought but has not been provided by IEBC. Guess why IEBC is reluctant to hand over the information? Well; you're right! It's akin to tying a rope around your neck leaving yourself dangling from a branch of a tree---lifeless. But the information must come to court and therefore the public domain so it's either do the equivalent of committing suicide by surrendering the info or be forced to produce it and head to jail for a long time upon conviction based in part on the same information. These are real choices so one can understand what the stakes are.
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Post by raiswakesho on Mar 20, 2013 0:21:28 GMT 3
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Post by mwalimumkuu on Mar 20, 2013 0:50:13 GMT 3
The man now wants a forensic audit of the IEBC IT before the hearing of the real petition. Talk of shifting goal posts and groping in the dark. Mwalimumkuu, It may behoove you to learn or find out that there were separate petitions filed before the High Court by Eliud Owalo, a citizen seeking to compel IEBC and Safaricom to produce certain information. That matter was resolved with the petitioner withdrawing his petition as to Safaricom on condition the firm will provide certain information but IEBC was ordered to work with the petitioner and find ways to get him the information he requested. IEBC has been stalling since then so it's no surprise the PM has filed an additional application basically seeking to obtain the same information previously sought but has not been provided by IEBC. Guess why IEBC is reluctant to hand over the information? Well; you're right! It's akin to tying a rope around your neck leaving yourself dangling from a branch of a tree---lifeless. But the information must come to court and therefore the public domain so it's either do the equivalent of committing suicide by surrendering the info or be forced to produce it and head to jail for a long time upon conviction based in part on the same information. These are real choices so one can understand what the stakes are. Omwenga, That Raila has not been focused in his now a million and one cases about the elections is not in doubt. He made the decision to go to court without an idea of what he exactly thought was the problem. He is now trying on everything and everyone. Unfortunately I just do not see how any of the avenues he is taking are going to help him, not unless he simply wants to remain in office as a PM for as long as it takes and ensure that he takes Kenya on retirement with him.
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Post by Omwenga on Mar 20, 2013 16:05:00 GMT 3
Mwalimumkuu, It may behoove you to learn or find out that there were separate petitions filed before the High Court by Eliud Owalo, a citizen seeking to compel IEBC and Safaricom to produce certain information. That matter was resolved with the petitioner withdrawing his petition as to Safaricom on condition the firm will provide certain information but IEBC was ordered to work with the petitioner and find ways to get him the information he requested. IEBC has been stalling since then so it's no surprise the PM has filed an additional application basically seeking to obtain the same information previously sought but has not been provided by IEBC. Guess why IEBC is reluctant to hand over the information? Well; you're right! It's akin to tying a rope around your neck leaving yourself dangling from a branch of a tree---lifeless. But the information must come to court and therefore the public domain so it's either do the equivalent of committing suicide by surrendering the info or be forced to produce it and head to jail for a long time upon conviction based in part on the same information. These are real choices so one can understand what the stakes are. Omwenga, That Raila has not been focused in his now a million and one cases about the elections is not in doubt. He made the decision to go to court without an idea of what he exactly thought was the problem. He is now trying on everything and everyone. Unfortunately I just do not see how any of the avenues he is taking are going to help him, not unless he simply wants to remain in office as a PM for as long as it takes and ensure that he takes Kenya on retirement with him. Mwalimumkuu, In the practice of law, especially as it relates to trial work, there is a maxim never ask a witness a question unless you know the answer he or she will give. In the same vein, you I can assure you or upset you in saying no lawyer worth his name in gold would advise a client to file a case they have no evidence to back up but I can also assure or upset you that it's common practice and actually malpractice if one doesn't do this, to file a case with enough evidence to overcome summary dismissal or judgment and get the court's help in obtaining additional evidence the other side may be hiding or trying to hide. So, when you say Raila made a decision to go to court "without an idea of what he exactly thought was the problem" you're as dead wrong and dead wrong can be; Raila knew exactly what the problem is, namely, massive rigging at Bomas by IEBC doing the bidding for Uhuru, and shall prove same in court.
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Post by b6k on Mar 21, 2013 8:51:24 GMT 3
Raila: “The case will demonstrate to Kenyans that what they went through was a total sham,” he added.
He said it was ironical that 1.7 million Kenyan voters decided to vote for the president alone, and ignored five other elective positions that were up for grabs. Really? I just hope it is not true. If it is, then... (I swallow my words) CORD leaders say March 4 events ‘painful’ to bearSo CORD believes that the election was irredeemably bungled / rigged yet only calls for a re run of the presidential poll what about the other elective positions ? Weren't they also affected by the "rigging"? It is inconceivable that a party bent on manipulating the poll would only target the presidential vote and ignore the gubernatorial, senatorial and legislative seats especially when one considers the the power and influence those positions have under the new constitution. If the election was "rigged" then we need to repeat the entire poll period! Fahari, your sentiments were echoed in Uhuru's response to Raila's petition ;D ;D ;D 16. The 3rd Respondent states that the burden of the Petitioner’s case is that the entire electoral process commencing with voter registration, voting and tallying of results and the declaration of results was invalid, null and void. The 3rd Respondent contends that the court is being invited to stage a coup against the constitutional governance of Kenya in that not only the Presidential election would be impugned but the Parliamentary, Gubernatorial, Senatorial and County Assembly elections would also be vitiated. Read more: jukwaa.proboards.com/index.cgi?board=general&action=display&thread=8157#ixzz2O9OSKCzR
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Post by kamalet on Mar 21, 2013 9:34:41 GMT 3
Omwenga, That Raila has not been focused in his now a million and one cases about the elections is not in doubt. He made the decision to go to court without an idea of what he exactly thought was the problem. He is now trying on everything and everyone. Unfortunately I just do not see how any of the avenues he is taking are going to help him, not unless he simply wants to remain in office as a PM for as long as it takes and ensure that he takes Kenya on retirement with him. Mmkuu Wavulana wa Mukibi's bado wazima? Raila filed the petition to cover his backside. The filing is poor and will certainly meet a quick dismissal. That is the plan....to fail. But then you do not do it so overtly so you will first prime the public with the strength of your legal team (including that character from the G W Bush Florida petition), then use words like 'watertight' and 'overwhelmin' to describe your case. Pump it up to several thousand pages of 'evidence' and people will believe you! But actually what do you have in those thousands of pages? About 600 pages of the entire Kriegler Report, 200 pages of the Tender, evaluation and award process of the BVR equipment, another 100 pages of result sheets and circulars from IEBC, 2 copies of the same 4 page letter from Safaricom, about 20 letters written on the same day by Anyang Nyong raising issues about missing ODM agents! and now you understand why the documents appear voluminous! As you can see, the plot to your usual sycophants easily sells. The bigger question is what happens to the guys who banked on the assured win?? Will they swallow this ruse?
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Deleted
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Post by Deleted on Mar 23, 2013 2:39:12 GMT 3
The Election Petition Puts Kenya In A Spin
FRIDAY, MARCH 22, 2013 - 00:00 -- BY JERRY OKUNGU
Indeed we are in a spin. Nobody really knows what the outcome will be when CJ Mutunga and his fellow wise members of the bench will read out that all earth breaking verdict.
Assuming that the Supreme Court holds the verdict of the IEBC that indeed Uhuru Kenyatta won the presidency, Raila Odinga will most likely accept it and move on with his life in the knowledge that he explored all legal avenues to seek justice.
He will leave the political scene with a clear conscience that he never did anything untoward that might have plunged the country into another round of turmoil.
What no one can predict would be how the millions of Kenyans who lined up and voted for him all over the country that sunny Monday would take the final verdict. It will be a very uneasy peace that will haunt Kenyans for many years to come.
The future of Kenya right now belongs in the hands of CJ Mutunga and his bench. The ruling must be convincing and persuasive to both Jubilee and Cord followers such that there is no doubt in any body’s mind when it is delivered. It must not just be fair but must be seen to be fair for both parties.
This heavy burden does not belong to the Supreme Court alone. Lawyers in the petition must convince ordinary Kenyans that they have facts to convince the nation that this case is not about political bad blood between Raila and Uhuru, but rather a test for democracy, rule of law and the independence of the Judiciary.
However, even before the petition is heard and determined; before the President–elect and his deputy are sworn in, strange things have started happening that may scare Kenyans, who have been used to freedom of association and expression under Mwai Kibaki.
Suddenly Kenyans are being warned left and right by all sorts of civil servants and security personnel about this and that. Peace has become the blanket to cover all sorts of indiscretions of our rulers.
Inspector General of Police David Kimaiyo seems keen on reintroducing draconian brute force the police were known for during Moi’s era.
Already his boys have injured two innocent Kenyans whose only crime was to take part in a peaceful demonstration in support of the petition.
And to cap it all, he banned all “illegal public gatherings” including open air religious prayer meetings. One wonders how such backward thinking can bring peace and unity to a country that is already polarised. Is this how the police should deal with the ordinary people of this country? Where is the Police Oversight Commission to interrogate these blatant violations of our civil liberties that are entrenched in our constitution?
If Kimaiyo does not know, the freedom Kenyans enjoy today did not come on a silver platter. It was not a Christmas gift either. People suffered for it and paid the ultimate prize. For this reason, Kenyans may never give up their freedoms easily and may have to go back to the trenches if need be.
It is true Uhuru is now President-elect, the court petition challenging his election notwithstanding. Nobody should begrudge him of that because he didn’t sign his own victory certificate.
Having said that, it was curious to see how the national security apparatus handled Uhuru right from the time he was declared the winner.
Suddenly he had a presidential limo complete with a flag and unmarked security detail that most probably rivaled that of the sitting Head of State. Which begs my next question; do we have two heads of state at the moment?
A week later, he took a most deserved holiday to the South Coast and how did he travel? He took two Air Force jets, one for him and the other for his wife!
As I watched these jets landing, I counted the number of passengers from each one of them. All I saw was Uhuru and his “Aide de Camp” and a few hangers on who had lost elections. It was the same when his wife Margaret landed.
I tried to recall when any sitting Head of State, including Kibaki, did such a thing. And I asked myself the one fundamental question; if the Uhuru can indulge in such reckless spending of public resources before he is sworn in, how will it be once he is in office?
How will he control public spending Was it difficult to use one jet for both of them? Or better still, why not use Kenya Airways and pick a small plane to fly him to Diani?
If I were Uhuru, I would hold my horses until this petition against me is over with – once you have tasted power, it is difficult to relinquish it. It may lead you to make many irrational decisions.
Jerryokungu@gmail.comwww.the-star.co.ke/news/article-113486/election-petition-puts-kenya-spin
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Post by kamalet on Mar 23, 2013 9:04:56 GMT 3
Dear Jerry
Why change the inevitable? Raila has no leg in the petition and Uhuru will just continue fine to be president elect until 7th April when he is sworn in......
A real shame that this Jerry was one of those that lost Raila the presidency
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Post by kamalet on Mar 26, 2013 19:28:54 GMT 3
Mwalimumkuu, It may behoove you to learn or find out that there were separate petitions filed before the High Court by Eliud Owalo, a citizen seeking to compel IEBC and Safaricom to produce certain information. That matter was resolved with the petitioner withdrawing his petition as to Safaricom on condition the firm will provide certain information but IEBC was ordered to work with the petitioner and find ways to get him the information he requested. IEBC has been stalling since then so it's no surprise the PM has filed an additional application basically seeking to obtain the same information previously sought but has not been provided by IEBC. Guess why IEBC is reluctant to hand over the information? Well; you're right! It's akin to tying a rope around your neck leaving yourself dangling from a branch of a tree---lifeless. But the information must come to court and therefore the public domain so it's either do the equivalent of committing suicide by surrendering the info or be forced to produce it and head to jail for a long time upon conviction based in part on the same information. These are real choices so one can understand what the stakes are. Omwenga, That Raila has not been focused in his now a million and one cases about the elections is not in doubt. He made the decision to go to court without an idea of what he exactly thought was the problem. He is now trying on everything and everyone. Unfortunately I just do not see how any of the avenues he is taking are going to help him, not unless he simply wants to remain in office as a PM for as long as it takes and ensure that he takes Kenya on retirement with him. Mwalimu Am sure following the events of today, our arguments about this petition seem to have been confirmed even by the court. What remains a constant is that some people have screwed Raila rather badly and no one should have lied to Raila or his sycophants that the petition was watertight. I was even happier when the rulings were made in the presence of the pretenders and liars to Raila and his sycophants showing the extent of incompetence and lies. The petition lies now in the hopes of the retallying and sitting in Johannesburg and following up on the events at home, I hear that 17 out of 22 have come clean (unconfirmed!) and the hope can onion be on scrutiny to see if there are any discrepancies that would result in auguries not meeting the 50%+1 threshold. The 700k votes is not one an issue. I hate to imagine how much time and money has been lost waiting for resolution of a petition that should never have been filed in the first instance.
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