CORD wateua timu ya wanasheria watakaoenda mahakamani kuwasilisha malalamiko yao.
CORD wateua timu ya wanasheria watakaoenda mahakamani kuwasilisha malalamiko yao.
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Ab-Titchaz
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Be sure to avail yourself sir!
Cord to file petition by Monday next week
Cord presidential candidate Raila Odinga (centre) with other coalition members while addressing the press on March 9, 2013 where he announced that he would challenge the election results with the Supreme Court. Photo/PHOEBE OKALL NATION MEDIA GROUP
By EMMANUEL TOILI etoili@ke.nationmedia.com
Posted Monday, March 11 2013 at 15:24
The Cord coalition on Monday said it is still in the process of gathering evidence before seeking presidential election petition at the Supreme Court by Monday next week.
Education Minister Mutula Kilonzo said that Cord had sought information from relevant organisations that could help in gathering evidence.
"We have demanded for information from different organisations which are fundamental to this process," he said.
Mr Kilonzo warned that premature celebrations would be over once they reveal their evidence with the Supreme Court.
While addressing the press, Lands Minister James Orengo said that the Independent Electoral and Boundary Commission (IEBC) announced the official results last Saturday, which was not a working day therefore making it possible for Cord to file its petition by Monday next week.
"The IEBC announced the results on a Saturday which is not a working day and we have up to Monday next week to file our petition," he said.
Mr Orengo also accused IEBC of withholding relevant documents making it difficult for Cord to verify election results.
"We were denied the right to access several crucial documents by the IEBC. We therefore could not verify some documents," he said.
He urged the Supreme Court to stick to the law and provide a fair judgment on the dispute.
"The Supreme Court must act in accordance with the law provided and that establishing it," he said.
"The Constitution is giving a lifeline to many individuals and organisations that have been disadvantaged," he added.
Cord to file petition by Monday next week - Politics - nation.co.ke
Ab-Titchaz
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Ngongo, ZeMarcopolo, Mwita Maranya, mfianchi, SMU,
Mahakama ishaanza kazi kuwakwapua baadhi ya maofisa waliosimamia hizi kura...
Presiding officers charged with concealing ballots
Elections presiding officers familiarise themselves with the IEBC system during training at Kilgoris Boys School in Kilgoris County, March 2, 2013. PHOTO/STEPHEN MUDIARI NATION MEDIA GROUP
By WANJIRU MACHARIA lwmacharia@ke.nationmedia.com
Posted Monday, March 11 2013 at 18:01
Three Independent Electoral and Boundaries Commission (IEBC) presiding officers in Rongai Constituency were on Monday charged in a Nakuru court with concealing ballot boxes and papers at their respective stations.
Ms Sally Jebet, Mr John Cherutich and Mr Kennedy Nyariki who were stationed at respective polling stations in Rongai Constituency, Nakuru County were charged before Chief Magistrate Samuel Mungai.
Ms Jebet, who was stationed at Soin Ward was charged with withholding counterfoils for both used and unused ballot papers in an opaque black ballot box as opposed to a white transparent presidential ballot box which is in contravention with the IEBC rules.
Mr Cherutich was charged with placing counterfoils used for the presidential, governor, senator, women representative, county assembly representative and member of the national assembly votes behind a door of the Kiamunyi Tallying Centre in an effort to conceal them.
Mr Nyariki who was in-charge of Kimomora ECD Nursery Polling Station was accused of concealing used and unused presidential ballot papers in a black ballot box instead of the white presidential ballot box.
They were released on a Sh200,000 bond with the option of a Sh100,000 cash bail pending the mention of the cases between March 14 and 15.
Presiding officers charged with concealing ballots - News - nation.co.ke
Mahakama ishaanza kazi kuwakwapua baadhi ya maofisa waliosimamia hizi kura...
Presiding officers charged with concealing ballots
Elections presiding officers familiarise themselves with the IEBC system during training at Kilgoris Boys School in Kilgoris County, March 2, 2013. PHOTO/STEPHEN MUDIARI NATION MEDIA GROUP
By WANJIRU MACHARIA lwmacharia@ke.nationmedia.com
Posted Monday, March 11 2013 at 18:01
Three Independent Electoral and Boundaries Commission (IEBC) presiding officers in Rongai Constituency were on Monday charged in a Nakuru court with concealing ballot boxes and papers at their respective stations.
Ms Sally Jebet, Mr John Cherutich and Mr Kennedy Nyariki who were stationed at respective polling stations in Rongai Constituency, Nakuru County were charged before Chief Magistrate Samuel Mungai.
Ms Jebet, who was stationed at Soin Ward was charged with withholding counterfoils for both used and unused ballot papers in an opaque black ballot box as opposed to a white transparent presidential ballot box which is in contravention with the IEBC rules.
Mr Cherutich was charged with placing counterfoils used for the presidential, governor, senator, women representative, county assembly representative and member of the national assembly votes behind a door of the Kiamunyi Tallying Centre in an effort to conceal them.
Mr Nyariki who was in-charge of Kimomora ECD Nursery Polling Station was accused of concealing used and unused presidential ballot papers in a black ballot box instead of the white presidential ballot box.
They were released on a Sh200,000 bond with the option of a Sh100,000 cash bail pending the mention of the cases between March 14 and 15.
Presiding officers charged with concealing ballots - News - nation.co.ke
bluetooth
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agreed and lets shift to 'God Acts'
that tribal forces are the most determinant gateway of the regime seekers in kenya
MILLIONS MOVEMENT
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Let us wait and see.I hope this is the best to learn challenging the election results through legal channel.
Belo
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Ab-Titchaz,
Ni ukweli uchaguzi ulikuwa na kasoro na sidhani kama Africa tunaweza kuwa na uchaguzi ambao hauna kasoro kabisa,tatizo kubwa hapo ni kwakuwa Uhuru ameshinda.Hata mimi napenda uchaguzi urudiwe na kwa jinsi katiba ya Kenya ilivyo itakuwa ngumu sana kumpata Rais (Rais lazima apate 50% +1) wanaweza wakarudia then hakuna mgombea ambaye atafikia(50% +1)
Ni ukweli uchaguzi ulikuwa na kasoro na sidhani kama Africa tunaweza kuwa na uchaguzi ambao hauna kasoro kabisa,tatizo kubwa hapo ni kwakuwa Uhuru ameshinda.Hata mimi napenda uchaguzi urudiwe na kwa jinsi katiba ya Kenya ilivyo itakuwa ngumu sana kumpata Rais (Rais lazima apate 50% +1) wanaweza wakarudia then hakuna mgombea ambaye atafikia(50% +1)
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Dhuks
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Wacha Ab-Titchaz ashabikie anachotaka, sikupata nafasi ya kuchagua Uhuru maana nilijua ushindi wake ni guaranteed lakini hiyo ya 50%+1 ilinitia kiwewe dakika za mwisho so just assuming any of what they are alleging is true si tutakutana kwa debe?
Mkuu MkamaP:
Inawezekana hii kitu ilipangwa, na mikakati ikawa simulated kwanza hatimae kupelekea Plan A:B:C😀 etc,. Mkuu hii kitu mbona ni nadharia ya siku nyingi Tu, ilianza baada ya World War II (Operation Research).
Nilidhani Maina Njenga ni Kikuyu na ni supporter wa Raila?
Na chama chake cha Mkenya Solidarity party.
Ab-Titchaz
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Mkuu,
nakusihi ujifundishe maana ya neno 'kushabikia' kabla hujaanza kunitaja bila mpango.
(
Kumbuka katika Supreme court mafioso wamo wachache sana. Wamekamatika pabaya sana.
Ab-Titchaz
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Mkuu,
heshima mbele. Hapo kwenye nyekundu nitakukosoa kidogo...bila ya kujaribu hatutoweza. Kisha nani kasema
hatuwezi? Hizo ni kauli za kitambo na mpaka tubadili mtazomo tutakwama tulipo. Tuwape Kenya hongera
kwa kuwezesha katiba mpya maana umefungua mambo mengi sana hususan kuhusu ukweli na haki. Majaji
walipitishwa through a vetting process na baadhi yao wakapigwa stop kazi. Hii katiba ndio inayomruhusu
Raila kuwasilisha petition akiwa na imani na mahakama. Zamani mambo yalikua kama Bongo vile or even
worse.
Hio 50% + 1 sidhani kama ina-apply katika run-off. Kule nadhani ni winner takes it unless I stand corrected.
Ab-Titchaz
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CORD blames IEBC as CJ assures Kenyans
By Wahome Thuku and Geoffrey Mosoku
Nairobi, Kenya: Chief Justice Dr Willy Mutunga has assured Kenyans the Supreme Court is ready to hear petition arising from the recent presidential election and will be impartial when delivering its ruling.
Mutunga's assurance came as the CORD Coalition led by Prime Minister Raila Odinga and Vice-President Kalonzo Musyoka maintained they would be filing a petition to challenge the election of President-elect Uhuru Kenyatta and his running mate William Ruto.
Senior counsel George Oraro and Pheroze Nowrojee are CORD's lawyers in the case.
The coalition's top legal minds comprising of Mutula Kilonzo, the Senator-elect for Makueni, and Siaya Senator-elect Mr James Orengo, disclosed that the coalition had up to Monday to file the petition and so there was no cause for alarm since IEBC announced the results on Saturday.
In addition to Mutula and Orengo, Senator-elects Amos Wako (Busia) and Moses Wetangula (Bungoma), as well as Budalangi MP-elect Mr Ababu Namwamba are in the legal think-tank for the petition.
"The IEBC announced the results on a Saturday, which is not a working day and we have up to Monday next week to file our petition," Mutula, who is also Education minister, added.
Accompanied by Kisumu County Senator-elect Anyang' Nyong'o and Migori County Women Representative-elect Dennitah Ghati, Mutula accused IEBC of denying them crucial information.
And Mutula warned: "Anyone on the opposite side starting to celebrate will be in for a rude shock."
The two accused the Independent Electoral and Boundaries Commission (IEBC) of refusing to divulge the information to them, which they intend to use in the petition, even after they had written several letters requesting for the same.
Mutula said it was wrong of IEBC to deny them information saying the act was a violation of article 35 of the Constitution, which guarantees all Kenyans the right to information.
"We have demanded for certain information from IEBC, but it's not forthcoming and there is no explanation as the commission has failed to reply or even acknowledge our letters. We're asking the IEBC to follow the law," Mutula said.
Orengo said their lawyers were looking for information from IEBC such as the voter register but have been frustrated by the commission who are withholding the information.
"We were denied the right to access several crucial documents by the IEBC. We therefore could not verify some documents," he said.
When contacted, IEBC Chief Executive James Oswago said he had not received any letter from CORD and referred us to chairman Issack Hassan's office.
Subverting justice
"I have not seen any letter from CORD, maybe they wrote to the chairman, you can talk to him since I can't speak for him," Oswago said.
However, our efforts to get Hassan were fruitless as his phone was off.
Mutula and Orengo said the actions of IEBC might end up strengthening their case since the commission will be cited for subverting the cause of justice by withholding public information.
The CORD leaders also criticised the police for what they called creating unnecessary tension and anxiety by overflying their choppers on the Supreme Court, as word went round that their lawyers were to file the case on Monday.
Mutula said CORD was building a strong case, which will set a precedent once the Supreme Court rules.
"Our case will show that you cannot rig elections and get away with it and will set a precedent where future cases will be referred to whichever way the court rules," he added.
And consequently CORD has tomorrow summoned all their recently elected Women Representatives, Governors, Senators and MPs to the Kenya School of Monetary Studies in Nairobi to brief them on their impending petition.
On Monday, the leaders once again claimed the Provincial Administration had been instructed to collect forms 34, 35 and 36 from agents in the field and tamper with them.
CORD also put the IEBC to task to explain why it failed to publish the list of registered voters in accordance with the Elections Act, a list they said is being tampered with by IEBC to conform to the results announced at the Bomas of Kenya.
Although, the commission has received accolades from a cross-section of groups and Kenyans on the conduct of the March 4 polls, CORD says it will expose fundamental flaws on the election process to prove that the exercise was marred with anomalies.
In their petition, CORD will be seeking the nullification of the results that handed Uhuru victory in their petition on grounds that Uhuru's votes were inflated.
On the other hand, Mutunga said six Supreme Court judges are on standby for the petition and would hear it "impartially, fairly, justly and without fear, ill-will, favour, prejudice or bias and in accordance with the Constitution and other laws".
The CJ spoke as a team of top lawyers instructed by the CORD Alliance to take up the matter were said to be in a closed-door session working on the court papers.
Dozens of journalists camped outside the Supreme Court early on Monday morning waiting for any parties going to lodge a petition at the court registry.
Security was beefed up inside and outside the court premises for the better part of the day.
Written notification
Mutunga spoke after receiving a copy of the certificate of the President-elect from IEBC chair Issack Hassan.
The Constitution requires that he deliver a written notification of the results to the CJ and the sitting president after reading the results.
"We are glad that Kenyans, politicians and political parties have confidence in the Judiciary to handle all election disputes," Mutunga told journalists. He said any petition filed would be heard within the 14-day timeline.
"The Supreme Court is a court for all Kenyans and it does not and will not reflect any ethnic, religion and will be guided by the Constitution and the law.
Presently the Supreme Court has six judges, down from seven, following the resignation of Deputy Chief Justice Nancy Baraza last year.
Her replacement Kalpana Rawal is yet to be approved by Parliament and so has not been sworn in.
A minimum of five judges can sit to hear a case. A petition against
Uhuru and Ruto victory is likely to be heard by five judges to ensure that it does not have a hanging decision. The CJ may, however, order that all six hear the case. In 2010 Mutunga had indicated that a petition arising from the presidential elections would be heard by the entire bench of seven.
A presidential petition will have to follow the Supreme Court Presidential Election Petition rules gazetted early this year.
The petition must be filed within seven days after the declaration of the winner. Under the rules, the petitioner must then serve the other side with the papers within three days of filing it. That could either be through direct contact with the parties or through a newspaper with national circulation.
Consolidate cases
But within two hours of filing the papers, the petitioner must serve the opposite part with the same electronically. Those served with the papers shall then file responses within three days of service.
Nine days after the filing of the petition, the parties shall hold a pre-trial conference with the court. It is then that the court shall frame the contested and the uncontested issues, consolidate the cases if they are more than one and issue other directives.
The court shall then start hearing the petition within two days after the pre-trial conference. Anyone who files a petition at the court must deposit Sh1 million as security for costs should he or she loses the case.
Depending on what the court establishes, it may dismiss the petition or declare the presidential election valid or invalid. It may also invalidate the declaration of the winner made by the IEBC.
If the court declares the election invalid a fresh one shall be held within 60 days after that declaration and all the eight presidential candidates would be free to participate.
However, the court could also order a re-run between Raila and President-elect Uhuru Kenyatta. This means that the country could still be in an election mood up to June.
Standard Digital News - Kenya : CORD blames IEBC as CJ assures Kenyans
By Wahome Thuku and Geoffrey Mosoku
Nairobi, Kenya: Chief Justice Dr Willy Mutunga has assured Kenyans the Supreme Court is ready to hear petition arising from the recent presidential election and will be impartial when delivering its ruling.
Mutunga's assurance came as the CORD Coalition led by Prime Minister Raila Odinga and Vice-President Kalonzo Musyoka maintained they would be filing a petition to challenge the election of President-elect Uhuru Kenyatta and his running mate William Ruto.
Senior counsel George Oraro and Pheroze Nowrojee are CORD's lawyers in the case.
The coalition's top legal minds comprising of Mutula Kilonzo, the Senator-elect for Makueni, and Siaya Senator-elect Mr James Orengo, disclosed that the coalition had up to Monday to file the petition and so there was no cause for alarm since IEBC announced the results on Saturday.
In addition to Mutula and Orengo, Senator-elects Amos Wako (Busia) and Moses Wetangula (Bungoma), as well as Budalangi MP-elect Mr Ababu Namwamba are in the legal think-tank for the petition.
"The IEBC announced the results on a Saturday, which is not a working day and we have up to Monday next week to file our petition," Mutula, who is also Education minister, added.
Accompanied by Kisumu County Senator-elect Anyang' Nyong'o and Migori County Women Representative-elect Dennitah Ghati, Mutula accused IEBC of denying them crucial information.
And Mutula warned: "Anyone on the opposite side starting to celebrate will be in for a rude shock."
The two accused the Independent Electoral and Boundaries Commission (IEBC) of refusing to divulge the information to them, which they intend to use in the petition, even after they had written several letters requesting for the same.
Mutula said it was wrong of IEBC to deny them information saying the act was a violation of article 35 of the Constitution, which guarantees all Kenyans the right to information.
"We have demanded for certain information from IEBC, but it's not forthcoming and there is no explanation as the commission has failed to reply or even acknowledge our letters. We're asking the IEBC to follow the law," Mutula said.
Orengo said their lawyers were looking for information from IEBC such as the voter register but have been frustrated by the commission who are withholding the information.
"We were denied the right to access several crucial documents by the IEBC. We therefore could not verify some documents," he said.
When contacted, IEBC Chief Executive James Oswago said he had not received any letter from CORD and referred us to chairman Issack Hassan's office.
Subverting justice
"I have not seen any letter from CORD, maybe they wrote to the chairman, you can talk to him since I can't speak for him," Oswago said.
However, our efforts to get Hassan were fruitless as his phone was off.
Mutula and Orengo said the actions of IEBC might end up strengthening their case since the commission will be cited for subverting the cause of justice by withholding public information.
The CORD leaders also criticised the police for what they called creating unnecessary tension and anxiety by overflying their choppers on the Supreme Court, as word went round that their lawyers were to file the case on Monday.
Mutula said CORD was building a strong case, which will set a precedent once the Supreme Court rules.
"Our case will show that you cannot rig elections and get away with it and will set a precedent where future cases will be referred to whichever way the court rules," he added.
And consequently CORD has tomorrow summoned all their recently elected Women Representatives, Governors, Senators and MPs to the Kenya School of Monetary Studies in Nairobi to brief them on their impending petition.
On Monday, the leaders once again claimed the Provincial Administration had been instructed to collect forms 34, 35 and 36 from agents in the field and tamper with them.
CORD also put the IEBC to task to explain why it failed to publish the list of registered voters in accordance with the Elections Act, a list they said is being tampered with by IEBC to conform to the results announced at the Bomas of Kenya.
Although, the commission has received accolades from a cross-section of groups and Kenyans on the conduct of the March 4 polls, CORD says it will expose fundamental flaws on the election process to prove that the exercise was marred with anomalies.
In their petition, CORD will be seeking the nullification of the results that handed Uhuru victory in their petition on grounds that Uhuru's votes were inflated.
On the other hand, Mutunga said six Supreme Court judges are on standby for the petition and would hear it "impartially, fairly, justly and without fear, ill-will, favour, prejudice or bias and in accordance with the Constitution and other laws".
The CJ spoke as a team of top lawyers instructed by the CORD Alliance to take up the matter were said to be in a closed-door session working on the court papers.
Dozens of journalists camped outside the Supreme Court early on Monday morning waiting for any parties going to lodge a petition at the court registry.
Security was beefed up inside and outside the court premises for the better part of the day.
Written notification
Mutunga spoke after receiving a copy of the certificate of the President-elect from IEBC chair Issack Hassan.
The Constitution requires that he deliver a written notification of the results to the CJ and the sitting president after reading the results.
"We are glad that Kenyans, politicians and political parties have confidence in the Judiciary to handle all election disputes," Mutunga told journalists. He said any petition filed would be heard within the 14-day timeline.
"The Supreme Court is a court for all Kenyans and it does not and will not reflect any ethnic, religion and will be guided by the Constitution and the law.
Presently the Supreme Court has six judges, down from seven, following the resignation of Deputy Chief Justice Nancy Baraza last year.
Her replacement Kalpana Rawal is yet to be approved by Parliament and so has not been sworn in.
A minimum of five judges can sit to hear a case. A petition against
Uhuru and Ruto victory is likely to be heard by five judges to ensure that it does not have a hanging decision. The CJ may, however, order that all six hear the case. In 2010 Mutunga had indicated that a petition arising from the presidential elections would be heard by the entire bench of seven.
A presidential petition will have to follow the Supreme Court Presidential Election Petition rules gazetted early this year.
The petition must be filed within seven days after the declaration of the winner. Under the rules, the petitioner must then serve the other side with the papers within three days of filing it. That could either be through direct contact with the parties or through a newspaper with national circulation.
Consolidate cases
But within two hours of filing the papers, the petitioner must serve the opposite part with the same electronically. Those served with the papers shall then file responses within three days of service.
Nine days after the filing of the petition, the parties shall hold a pre-trial conference with the court. It is then that the court shall frame the contested and the uncontested issues, consolidate the cases if they are more than one and issue other directives.
The court shall then start hearing the petition within two days after the pre-trial conference. Anyone who files a petition at the court must deposit Sh1 million as security for costs should he or she loses the case.
Depending on what the court establishes, it may dismiss the petition or declare the presidential election valid or invalid. It may also invalidate the declaration of the winner made by the IEBC.
If the court declares the election invalid a fresh one shall be held within 60 days after that declaration and all the eight presidential candidates would be free to participate.
However, the court could also order a re-run between Raila and President-elect Uhuru Kenyatta. This means that the country could still be in an election mood up to June.
Standard Digital News - Kenya : CORD blames IEBC as CJ assures Kenyans
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Usiombe kukutana na timu kama hiyo mahakani, Isack na Jammes wana kazi kubwa bora ingekua vs Jubilee
Kuna uwezekano tukaona maajabu.
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Dhuks
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- Mar 15, 2012
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If the courts rule that the election had anomalies we are not going to a run-off, we are repeating the presidential election afresh where 50%+1 still applies then we go to a run-off if no one gets to the benchmark.
Crucial Man
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- Jan 11, 2011
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Hii team ya cord imeshiba sana.ni wanasheria walio bobea.hapo kazi ipo.