Kenya Election 2013 Petition...Uhuru and Ruto's victory upheld.

[Geza Ulole]

Nilisahau wawili
Enid Muriuki – Company Secretary
Nancy Macharia – Non-Executive Director

Ila huyu Nancy Macharia si related to Macharia wa Citizen TV anaye-support CORD?

 

[Rutashubanyuma]

Hatua moja mbele. Good the petition already registerednas valid one. Thanks RO

valid? From what angles of validity? What I see is a glaring lack of appreciation of Kenyan constitution and election laws!

 

[Geza Ulole]

Uhuru signs pact with Musalia


Updated 13 mins ago
BY FELIX OLICK
Nairobi, Kenya: President elect Uhuru Kenyatta has committed that he is ready to seek fresh mandate from the Kenyan people if the Supreme Court doesn't uphold his victory.
Uhuru's spoke even as his Jubilee Alliance signed a post-election agreement with nine other political parties including UDF of Deputy Prime Minister Musalia Mudavadi.

"We are ready to go back to the people and seek fresh mandate. All we are saying is that there should be peace," Uhuru said during the signing of the pact at his home along State House Road in Nairobi.
Other political parties that signed the pact include Eugene Wamalwa's New Ford Kenya, Kiraitu Murungi's APK, Wavinya Ndeti's CCU and Omingo Magara's PDP.
Before the polls, Magara and Ndeti were allied to Raila Odinga's Coalition for Reform and Democracy (CORD).
Uhuru, however, warned leaders against inciting jobless Kenyans and university students from taking to the streets to protest election results.
He said that the agreement that they have signed with the nine political parties was part of unity and reconciliation that they promised Kenyans during their campaigns.
Uhuru said that the acceptance by Musalia to work with him was a strong message to the Kenyan masses that there is no need to fight each other.
"Musalia Mudavadi who was my competitor has agreed to work with us. This should send a very strong message to the people at the grassroots that there is no reason to fight each other," he said.
http://www.standardmedia.co.ke/?articleID=2000079437&story_title=Kenya-Uhuru-signs-pact-with-Musalia

MY TAKE
Even UK is well aware of a repetition of the election exercise and he is now soliciting support to the other smaller parties. A run off vote is in sight..

 

[Dr. Job]

Raila: Why I challenged IEBC's move to declare Uhuru president

Prime Minister Raila Odinga addresses a news conference in Nairobi March 16, 2013. Mr Odinga said he would challenge Uhuru Kenyatta's win in the General Election. He is flanked by Kalonzo Musyoka (left) and other Cord leaders. JENNIFER MUIRURI

By JUSTUS WANGA
Posted Saturday, March 16 2013 at 13:57

Prime Minister Raila Odinga has outlined a series of electoral irregularities that informed his decision to challenge the presidential poll at the Supreme Court.

Mr Odinga was quick to point out that he has confidence in the judicial system that Cord believes will adjudicate the matter and serve justice.

"… the one institution in which all Kenyans still have faith is our new Judiciary. It is a faith based on their achievements in the last two years," he said urging Cord supporters to stay calm as the judges handled the matter.

"Your (supporters) commitment to the rule of law and to peace has put to shame the prophets of doom who were convinced the supporters of the declared loser on 4th March would embark on a bloody course," he said during news conference in Nairobi Saturday.

Mr Odinga, flanked by his running mate Kalonzo Musyoka, said there was gross failure on the part of the Independent Electoral and Boundaries Commission (IEBC) leading to the declaration of Uhuru Kenyatta as the winner in the presidential election.

"We spent tens of billions of shillings. And yet every mechanism and every instrument the IEBC deployed failed miserably," he charged.

Mr Odinga said some of the glaring anomalies observed in tallying included: The result were declared on the basis of unsigned Form 36, multiplicity of Form 36, and variants of entries in some constituencies, alterations on files and brazen disregard by the IEBC of the entries on the files of constituencies which were eventually reflected in the final tally of Presidential election results and which were announced without signed verification Form 34s. DOWNLOAD: (Summary of Raila Odinga petition.)

Mr Odinga said choosing not to object the election was an option he wrestled with for sometime but realised that it would amount to betrayal to democracy.

"I am not challenging the election outcome because I am determined to be declared president but to do otherwise would be betrayal of the new constitution and the democracy given the malpractices," he said.

And declaring that he would accept the court's verdict on the petition, the premier called on Mr Kenyatta, the president-elect, to follow cue and publicly state whether he would embrace whatever decision the court will come up with.

"I have repeatedly indicated my commitment to respect and abide by the Supreme Court ruling. I invite my brother Uhuru to publicly do the same. His joining me would strike a huge blow for the rule of law in Kenya and would also immediately reduce tensions generated by this election outcome," Mr Odinga said.

He claimed as early as February, the IEBC had made numerous alterations to the voter register that it was hard to know exactly which one they eventually used on the election day.

"Between February and March, the IEBC had tinkered with the final register severally, and it is not clear which register was in fact used in the final tallying of votes," he said.

Raila: Why I challenged IEBC's move to declare Uhuru president - Politics - nation.co.ke

 

[Rutashubanyuma]

· There was no free or fair presidential elections. Consequently no government could lawfully be formed by or from the purported declaration on 9th March 2013, of Uhuru Kenyatta and William Ruto as President-elect and Deputy President-elect respectively, by the IEBC and its chairman to the dishonor of the Kenyan people.

This is an opinion and has no factual basis to support it, and will be trashed as such.

 

[Rutashubanyuma]

BY FELIX OLICK
Nairobi, Kenya: President elect Uhuru Kenyatta has committed that he is ready to seek fresh mandate from the Kenyan people if the Supreme Court doesn't uphold his victory.
Uhuru's spoke even as his Jubilee Alliance signed a post-election agreement with nine other political parties including UDF of Deputy Prime Minister Musalia Mudavadi.

"We are ready to go back to the people and seek fresh mandate. All we are saying is that there should be peace," Uhuru said during the signing of the pact at his home along State House Road in Nairobi.
Other political parties that signed the pact include Eugene Wamalwa's New Ford Kenya, Kiraitu Murungi's APK, Wavinya Ndeti's CCU and Omingo Magara's PDP.
Before the polls, Magara and Ndeti were allied to Raila Odinga's Coalition for Reform and Democracy (CORD).
Uhuru, however, warned leaders against inciting jobless Kenyans and university students from taking to the streets to protest election results.
He said that the agreement that they have signed with the nine political parties was part of unity and reconciliation that they promised Kenyans during their campaigns.
Uhuru said that the acceptance by Musalia to work with him was a strong message to the Kenyan masses that there is no need to fight each other.
"Musalia Mudavadi who was my competitor has agreed to work with us. This should send a very strong message to the people at the grassroots that there is no reason to fight each other," he said.
http://www.standardmedia.co.ke/?articleID=2000079437&story_ti tle=Kenya-Uhuru-signs-pact-with-Musalia

MY TAKE
Even UK is well aware of a repetition of the election exercise and he is now soliciting support to the other smaller parties

YOUR TAKE is just that. But the real take is Uhuru is humble and respects constitutional offices just as he had declared yesterday before the said office holders. humility is not a weakness as you are suggesting but it is a source of strength


"Blessed are the humble for they shall inherit the earth." Mathew 5:5

 

[Julius Kaisari]

nonsense since when electoral result can be regarded as confidential?

nowhere in the Kenyan constitution IEBC is mandated to use high tech besides high tech is only facilitative but not mandatory! Kwa huu upuuzi hii kesi itatupwa tena kwa gharama zao!

technical failures have no connection to constitutional issues, at all. There could be other reasons why technical glitches occurred and physical tallying erased whatever errors that resulted from technical glitches. KWa huu utaniutani raila aanze tu kufunga virago vyake hakuna mahakama itakubaliana na hoja hizi ambazo hazina uhusiano na kutengua the will of Kenya voters.

valid? From what angles of validity? What I see is a glaring lack of appreciation of Kenyan constitution and election laws!

Rafiki Rutashubanyuma,
Wewe jilie Ugali na Senene ukimaliza shindilia na Rubisi, ulale.
Wewe Una-macho ya kushinda elite Senior Counsels wa CORD? George Oraro amewahi simama ICC na kumwaga Cheche na kushinda, haya James Orengo unamjua wewe? Mutula Kilonzo? Former AG Amos Wako? wacha hizo kiongozi!! Hii sio siasa. Ni mambo ya kiutu uzima.Subiri Mwisho wa nyakati ndo utajua maana yake.

 

[Rutashubanyuma]

Published results materially different from the results reflected in the County tallying, for example in Nakuru, not to mention the material variation between the verbal declaration made by the various Commissioners of IEBC at the national tallying centre allegedly after verification of results and the fiinal figures which are set out by the IEBC including those of South Imenti, Igembe South, Lagdera, North Imenti, Central Imenti, Boment East and Sigor.

I do not know which school of law these lawyer went but oral evidence can not supersede written ones in the official forms., period!

 

[Geza Ulole]

I applaud Amos Wako stand on this election considering he is a former AG! It has a very significant meaning to a free and democratic Kenya!

 

[Rutashubanyuma]

· In breach of the mandatory legal requirement, the IEBC has falsely, unlawfully and illegally in flagrant disregard of the law and its declaration of the result of the presidential election held on the 4th March, 2013 reflected the total number of registered voters as 14,352,533 well above the total number of registered voters as the date of closing of registration on 18th December, 2013. Indeed, during February 2013, the IEBC announced that they had discovered approximately 20,000 persons who had double registered in the December registration, and accordingly reduced the register tally to 14,267,572 voters as displayed on its website. The illegally inflated March 2013 register exceeded this corrected figure by some 85,000 voterS

The problem for Raila here is to show how he was affected. Different total figure may have been adjusted later on as a result of more appreciation of the real data captured by the computers. In the alternative, 85, 000 purported voters did they really vote and voted how? Raila is at pains to prove this and how CORD and himself suffered from this anomaly.

 

[Dhuks]

Rafiki Rutashubanyuma,
Wewe jilie Ugali na Senene ukimaliza shindilia na Rubisi, ulale.
Wewe Una-macho ya kushinda elite Senior Counsels wa CORD? George Oraro amewahi simama ICC na kumwaga Cheche na kushinda, haya James Orengo unamjua wewe? Mutula Kilonzo? Former AG Amos Wako? wacha hizo kiongozi!! Hii sio siasa. Ni mambo ya kiutu uzima.Subiri Mwisho wa nyakati ndo utajua maana yake.

Judgement in court is not determined by the cumulative years passed by the lead counsel but by the merits of their presentations.

 

[Rutashubanyuma]

Judgement in court is not determined by the cumulative years passed by the lead counsel but by the merits of their presentations.

And from what I have gathered so far is garbage and that tells us a lot about these lawyers cum politicians. If they are real that good lawyers why are they masquerading as politicians? The answer is they are not that good at the Bar!

 

[Geza Ulole]

I do not know which school of law these lawyer went but oral evidence can not supersede written ones in the official forms., period!

hivi Wakikuyu na Wahaya wana uhusiano gani? Maana hata majina naona mnafanana wote mnatumia majina kama Muthaura, Kariuki, Rwezaula na hata fikra zenu naona zinafananafanana! huku TZ mnaikumbatia sana serikali ya CCM mkidhani mtaachiwa nchi endeleeni kujidanganya! Ni vigumu sana revolutionaries kutokea katika watu wenye mawazo mgando kama nyie! Acha hizo wewe ni kijana...think out of the box :-*

 

[Rutashubanyuma]

Results in Form 36 disclosed by the First Respondent were materially different from the results that were posted in the final tally of the presidential results published by the First Respondent. This included in Webuye East, Webuye West and Igembe Constituencies.

Disclosed where? It is in vacuum! Again written evidence can not be controverted by oral evidence. As lawyers they should know better!

 

[Rutashubanyuma]

hivi Wakikuyu na Wahaya wana uhusiano gani? Maana hata majina naona mnafanana wote mnatumia majina kama Muthaura, Kariuki, Rwezaula na hata fikra zenu naona zinafananafanana! huku TZ mnaikumbatia sana serikali ya CCM mkidhani mtaachiwa nchi endeleeni kujidanganya! Acha hizo kijana wewe...think out of the box :-*

You can not spell "think out of the box" let alone comprehending what it really means.............hivi nawe hapo ndiyo umefikiria out of the box. Jadili kesi siyo watu ndugu yangu kama huna meno ya kutafunia, jifunze. Mbona shule zipo nyingi badala ya kujidhalilisha namna hiyo?

 

[Rutashubanyuma]

· The IEBC and its chairman's purported official tally of registered voters inexplicably and mysteriously grew overnight by a large proportion on the eve of the election, notwithstanding that registration had closed some thirty days and was by law not permitted to be opened or changed.

If this is not speculative claim I do not know what else it is.

 

[Mshombsy]

huyu Odinga ni mbishi lakini tukumbuke kuwa huu 'ubishi' wa Wakenya ndio umefanya hata watodominate hata TZ.
ni huo huo ubishi wake uliopelekea katiba mpya na mageuzi mengi tunayoyaona hivi sasa Kenya yakitokea mpaka kufikia hatua ya kuziamini mahakama zao (maana hapa kwetu kwa sasa hivi sidhani kama mtu anaweza kupeleka kesi kama hii mahakamani). Let us wait and see what will come out!

Kweli kabisa raila ni baba wa katiba kenya

 

[Geza Ulole]

You can not spell "think out of the box" let alone comprehending what it really means.............hivi nawe hapo ndiyo umefikiria out of the box. Jadili kesi siyo watu ndugu yangu kama huna meno ya kutafunia, jifunze. Mbona shule zipo nyingi badala ya kujidhalilisha namna hiyo?

humu ndani wengi wenu mko pro govt na haswa kipindi hiki cha Kikwete sijui amewaahidi nini? uchumi unadidimia classes zinakuwa wakati marginalization is becoming order of the day! wizi unapaa na madeni yanazidi ila hamuoni hayo zaidi ya kutaka kulinda maslahi yenu! Unaulizia uhalali wa petition ya RAO na kuilinganisha na kulinda tumbo lake wakati tunao wengi wenu kwenye serikali ya CCM haswa makatibu wakuu na hamna chochote kinachofanyika zaidi ya wizi na bado mnaikumbatia serikali dhalimu hii tuliyonayo! Ipi mliyoenda nyie kukosa uwezo wa kupambanua pumba na mchele? Ndo maana mko nyuma kimaendeleo pamoja na elimu yenu ya kukariri shuleni, na kushindwa kufikiri! Unaweza kuiita hiyo shule? Najua mnamchukia RAO kwa vile ata-set precedence for the rest of the EA countries on how to make a right choice!

 

[Rutashubanyuma]

Highlights/quotes from the petition/re electronic system:
"its failure and collapse, on a catastrophic scale on the polling day, so fundamentally changed the system of polling and the number of votes cast, owing to inordinate and inexplicable delays at the polling stations thereby reverting Kenya to the discredited manual system, with all the attendant risks and opportunities for abuse and manipulation which in fact took place; "

"Respondents in breach of the Constitution, failed to establish systems which are accurate, secure, verifiable, accountable and/or transparent and indeed declared results which in many instances had no relation to votes cast at the polling station, developed methods which were opaque and intended to manipulate the results in the course of which the Petitioners' representatives were altogether excluded from the process."

"the numerous instances of huge discrepancies in the total numbers of votes declared by the First and Second Respondent in the presidential election held on 4th March, 2013 is inexplicable upon any reasonable hypothesis other than the existence of actual ballot stuffing, multiple voting or gerrymandering or inflating of the numbers of votes in the tallying"

This ought to be dismissed at the preliminary hearing and save the judicial system of Kenya from such an embarrassment. What CORD and Raila were supposed to do is to compare FORM 34, 35 and 36 and highlight the anomalies in filling those forms and not relying upon their own imaginations to substantiate what is not in the official documents. The court of law has no power to entertain frivolous and vexatious claims from a sour presidential loser who has failed to prove even the fundamental elements of his claims of a rigged election........

 

[Rutashubanyuma]

humu ndani wengi wenu mko pro govt na haswa kipindi hiki cha Kikwete sijui amewaahidi nini? uchumi unadidimia classes zinakuwa wakati marginalization is becoming order of the day! wizi unapaa na madeni yanazidi ila hamuoni hayo zaidi ya kutaka kulinda maslahi yenu! Unaulizia uhalali wa wa petition ya RAO na kuilinganisha na kulinda tumbo lake wakati tunao wengi wenu kwenye serikali ya CCM haswa makatibu wakuu na hamna chochote kinachofanyika zaidi ya wizi na bado mnaikumbatia serikali dhalimu hii tuliyonayo! Unaweza kuita hiyo shule? Ipi mliyoenda nyie kukosa uwezo wa kupambanua pumba na mchele?

Sijui kesi iliyopo mahakamani Kenya ina uhusiano upi na CCM? KAma haya unayoyasema yako kwenye plaint please elaborate maana naona unaongea kama mtu wa kijiweni na hata shule ya ngumbalo hujaenda.......................Hivi, Magufuli aliyemuunga mkono Amollo anapingana na CCM? NA msimamo wa CCM kwenye hii kesi umeutoa wapi?