OPINION: Why Supreme Court should nullify repeat presidential election results


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OPINION: Why Supreme Court should nullify repeat presidential election results

By NICKSEWE | Updated Oct 29, 2017 at 10:51 EAT

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FILE-1509263513.jpg

The Supreme Court of Kenya

SUMMARYOn Friday September 1, the Supreme Court nullified the results announced by the IEBCIt’s been three days since Kenyans went to vote on the repeat presidential electionIEBC officials at various polling stations reported a low voter turnoutNASA leader Raila Odinga accused the IEBC of inflating the figures to impress Jubilee

Kenyans are confused. Why? Because The Independent Electoral and Boundaries Commission (IEBC) appears to be more disorganised, when it is the institution mandated to carry out a free, fair and credible election.

On Friday September 1, the Supreme Court nullified the results announced by the IEBC.

The apex court said there were illegalities and irregularities in the presidential election held on August 8.

See Also: Kenyans react: Orengo says NASA will declare Raila winner if Uhuru is sworn in

IEBC was ordered to conduct a fresh poll within 60 days, as enshrined in the constitution.

Opposition leader Raila Odinga and his running mate Kalonzo Musyoka had challenged the results that put President Uhuru Kenyatta as the winner in the election.

It’s now more than 72 hours since Kenyans went to vote. On the Election Day, IEBC officials at various polling stations reported a low voter turnout. Apart from Jubilee Party strongholds, other regions recorded an average of below 30 per cent turn out.

See Also: Why IEBC has results from Kisumu

The first update by IEBC chairman Wafula Chebukati was that the ‘estimate’ turnout was 48 per cent.

A few hours later, Mr Chebukati on Twitter revised the figure, saying the turn out on October 26th was 33 per cent.

It crystal clear that the low turnout was largely brought about by the election boycott call by National Super Alliance (NASA) leader Raila Odinga.

In an interview with CNN, Mr Odinga said only 3.5 million Kenyans voted on Thursday.

The former Prime Minister accused the IEBC of inflating the figures to impress Jubilee.

Appearing on the same platform, State House spokesperson Manoah Esipusu dismissed Mr Odinga’s statement, saying he is not the IEBC chairman, and has no information on number of people who voted.

The IEBC has not been consistent in the figures. On Thursday evening, Mr Chebukati said that 35,000 polling stations were open on the voting day. 24 hours later, the chairman said they had received slightly over 36,000 Form 34As from Presiding Officers. This is inaccurate because Form 34As come from polling stations. So why the increase in number of forms received?

The IEBC also uploaded on its website Form 34As from some constituencies in Kisumu County, despite no elections taking place in the county. In fact, elections in Kisumu, Siaya, Homa Bay and Migori have been called off indefinitely.

Activist Okiya Omtatah has already filed a petition at the Supreme Court to; 1. Stop the IEBC from announcing the presidential election results; 2. Nullify the results.

Mr Omtatah argues that the election was voided by the withdrawal of Mr Odinga and his running mate, Mr Musyoka.

The activist says that the “purported fresh presidential election” held on October 26, was irregular before they were held, and therefore an exercise in futility.

“That despite being a nullity in law, the purported fresh presidential elections held on 26th October 2017 have literally divided the country down the middle and this Honourable Court needs to pronounce itself on their validity before more harm is done to the republic,” he says in the petition.

Allowing the IEBC to announce the results after fumbling throughout the process with figures will be condoning irregularities and rigging in elections. The Supreme Court must nullify the results
 
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OPINION: Why Supreme Court should nullify repeat presidential election results

By NICKSEWE | Updated Oct 29, 2017 at 10:51 EAT

4.2kShares

FILE-1509263513.jpg

The Supreme Court of Kenya

SUMMARYOn Friday September 1, the Supreme Court nullified the results announced by the IEBCIt’s been three days since Kenyans went to vote on the repeat presidential electionIEBC officials at various polling stations reported a low voter turnoutNASA leader Raila Odinga accused the IEBC of inflating the figures to impress Jubilee

Kenyans are confused. Why? Because The Independent Electoral and Boundaries Commission (IEBC) appears to be more disorganised, when it is the institution mandated to carry out a free, fair and credible election.

On Friday September 1, the Supreme Court nullified the results announced by the IEBC.

The apex court said there were illegalities and irregularities in the presidential election held on August 8.

See Also: Kenyans react: Orengo says NASA will declare Raila winner if Uhuru is sworn in

IEBC was ordered to conduct a fresh poll within 60 days, as enshrined in the constitution.



Opposition leader Raila Odinga and his running mate Kalonzo Musyoka had challenged the results that put President Uhuru Kenyatta as the winner in the election.

It’s now more than 72 hours since Kenyans went to vote. On the Election Day, IEBC officials at various polling stations reported a low voter turnout. Apart from Jubilee Party strongholds, other regions recorded an average of below 30 per cent turn out.

See Also: Why IEBC has results from Kisumu

The first update by IEBC chairman Wafula Chebukati was that the ‘estimate’ turnout was 48 per cent.

A few hours later, Mr Chebukati on Twitter revised the figure, saying the turn out on October 26th was 33 per cent.

It crystal clear that the low turnout was largely brought about by the election boycott call by National Super Alliance (NASA) leader Raila Odinga.

See Also: Alice Wahome dealt with Malonza like Nkatha Maina is dealing with Chebukati- Junet Mohamed

In an interview with CNN, Mr Odinga said only 3.5 million Kenyans voted on Thursday.

The former Prime Minister accused the IEBC of inflating the figures to impress Jubilee.

Appearing on the same platform, State House spokesperson Manoah Esipusu dismissed Mr Odinga’s statement, saying he is not the IEBC chairman, and has no information on number of people who voted.

The IEBC has not been consistent in the figures. On Thursday evening, Mr Chebukati said that 35,000 polling stations were open on the voting day. 24 hours later, the chairman said they had received slightly over 36,000 Form 34As from Presiding Officers. This is inaccurate because Form 34As come from polling stations. So why the increase in number of forms received?

The IEBC also uploaded on its website Form 34As from some constituencies in Kisumu County, despite no elections taking place in the county. In fact, elections in Kisumu, Siaya, Homa Bay and Migori have been called off indefinitely.

Activist Okiya Omtatah has already filed a petition at the Supreme Court to; 1. Stop the IEBC from announcing the presidential election results; 2. Nullify the results.

Mr Omtatah argues that the election was voided by the withdrawal of Mr Odinga and his running mate, Mr Musyoka.

The activist says that the “purported fresh presidential election” held on October 26, was irregular before they were held, and therefore an exercise in futility.

“That despite being a nullity in law, the purported fresh presidential elections held on 26th October 2017 have literally divided the country down the middle and this Honourable Court needs to pronounce itself on their validity before more harm is done to the republic,” he says in the petition.

Allowing the IEBC to announce the results after fumbling throughout the process with figures will be condoning irregularities and rigging in elections. The Supreme Court must nullify the results
Supreme Court will not nullify the election.
Reason: 3 of its judges are on 'holiday', thus no quorum.
Jubilee is awake to Nasa judicial tricks and made preparations to counter them.
Raila should get ready for 2022.
 
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PROCEDURE: What to do with your opinion
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mwachane na siasa zisizowahusu...
 
Geza Ulole

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Supreme Court will not nullify the election.
Reason: 3 of its judges are on 'holiday', thus no quorum.
Jubilee is awake to Nasa judicial tricks and made preparations to counter them.
Raila should get ready for 2022.
N u r happy with such rudiment non lawful approaches to counter-attack corridors of law!
 
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N u r happy with such rudiment non lawful approaches to counter-attack corridors of law!
I'm not happy but its necessary. We need to build our economy not politic daily.
And it was Raila and the civil society who first captured the judiciary first. The August 8th election was nullified on extremely flimsy grounds by judges who have transformed themselves into pro-Odinga activists, and as a result the economy has taken a big hit, and peace is at stake.
Actually, any Supreme Court that nullifies a presidential election without solid grounds should be disbanded. It shows very low IQ of them, unless they plan to leave Kenya after the fire they have started.
 
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What good will it do to your country?
 
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I'm not happy but its necessary. We need to build our economy not politic daily.
And it was Raila and the civil society who first captured the judiciary first. The August 8th election was nullified on extremely flimsy grounds by judges who have transformed themselves into pro-Odinga activists, and as a result the economy has taken a big hit, and peace is at stake.
Actually, any Supreme Court that nullifies a presidential election without solid grounds should be disbanded. It shows very low IQ of them, unless they plan to leave Kenya after the fire they have started.
Wewe ni Mpumbavu kweli! I am pretty sure una brain ya kuku to talk of ur court like that!
 
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I'm not happy but its necessary. We need to build our economy not politic daily.
And it was Raila and the civil society who first captured the judiciary first. The August 8th election was nullified on extremely flimsy grounds by judges who have transformed themselves into pro-Odinga activists, and as a result the economy has taken a big hit, and peace is at stake.
Actually, any Supreme Court that nullifies a presidential election without solid grounds should be disbanded. It shows very low IQ of them, unless they plan to leave Kenya after the fire they have started.
No..big no...most important is democracy not economy or security, Kenya is having very good constitution which emphasizes on democracy first than any thing else, unless you are not a Kenyan otherwise you want to take Kenya backward. Please please please, continue with struggle for democracy because is expensive if you lose this fight, forget for now about economy and security.
 
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Hio brain ya kuku naitumia vizuri.
Wewe umebaki bila chochote kwa kichwa na unajifanya kutoa mawaidha.
wajinga kama wewe hawafai kupewa platform ya kutoa maoni yao
 
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Allowing the IEBC to announce the results after fumbling throughout the process with figures will be condoning irregularities and rigging in elections. The Supreme Court must nullify the results
Uhuru is now applying the evil tactics used to terminate ICC case in the Hague where he was charged with crimes against humanity. He killed all witnesses who were ready to testify against him.

Right now he has started intimidating and killing the Supreme Court judges. For this reason we should not expect any just and fair ruling from the Court.
In concluding, RAO has lost the battle hence will continue beckoning the state house and watching it through the TV.
 
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It will be nullified in about a month....

Tommorrow Raila will give his way forward!!
 
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It will be nullified in about a month....

Tommorrow Raila will give his way forward!!
Lol.
Even in the 100% unlikely case that the Supreme Court will achieve quorum, the winner of Thursday's election is undisputed.
In any case, I would expect nothing less than Supreme Court ordering charges against Nasa leaders in Luo Nyanza.
 
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It will be nullified in about a month....

Tommorrow Raila will give his way forward!!
Way forward is listing companies to boycott, and telling his supporters not to pay tax.
Will flop spectacularly, just like the holiday he gave us after 8/8.
 
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Uhuru is now applying the evil tactics used to terminate ICC case in the Hague where he was charged with crimes against humanity. He killed all witnesses who were ready to testify against him.

Right now he has started intimidating and killing the Supreme Court judges. For this reason we should not expect any just and fair ruling from the Court.
In concluding, RAO has lost the battle hence will continue beckoning the state house and watching it through the TV.
Which Supreme Court judge has been killed?
But I agree with you on the last statement.
 
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No..big no...most important is democracy not economy or security, Kenya is having very good constitution which emphasizes on democracy first than any thing else, unless you are not a Kenyan otherwise you want to take Kenya backward. Please please please, continue with struggle for democracy because is expensive if you lose this fight, forget for now about economy and security.
Rwanda is growing at record speed with a strong man.
Singapore developed with a dictator in power for decades.
Great Britain, France and most of Europe became world powers with monarchies.
Even Tanzania is growing fast right now with a benevolent dictator.
Democracy is overated. It is expensive and divisive. It only works best in countries where losers have a culture of conceding and going home.
 
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I'm not happy but its necessary. We need to build our economy not politic daily.
And it was Raila and the civil society who first captured the judiciary first. The August 8th election was nullified on extremely flimsy grounds by judges who have transformed themselves into pro-Odinga activists, and as a result the economy has taken a big hit, and peace is at stake.
Actually, any Supreme Court that nullifies a presidential election without solid grounds should be disbanded. It shows very low IQ of them, unless they plan to leave Kenya after the fire they have started.
Ndio maana mkataka kumuua yule judge wa kike, mkakuta driver.
Ila wewe jamaa nimesoma comments zako kuhusu huu uchaguzi, you got dirty words, wewe na wenzako same dirty mindset ndio mnaweka petrol kwenye moto unaowaka hapo kwenyu.
 
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joto la jiwe

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Rwanda is growing at record speed with a strong man.
Singapore developed with a dictator in power for decades.
Great Britain, France and most of Europe became world powers with monarchies.
Even Tanzania is growing fast right now with a benevolent dictator.
Democracy is overated. It is expensive and divisive. It only works best in countries where losers have a culture of conceding and going home.
What are talking my friend, you must be very forgetful, you can't compare Kenya with the best constitution on the globe with all those countries, Kenya is far ahead of them all, do you want to go back and compare Kenya with Rwanda, Singapore, Tanzania and USA?, those countries don't have best and democratic constitution like Kenya, remember without democracy no sustainable development, so don't lose direction by comparing Kenya with those countries please, Kenya needs democracy first, economy and security will follow.
 

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