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

[Kunta Kinte]

One down...............

 

[Mbogela]

[h=1]RAILA ODINGA will lose the PETITION challenging UHURU/ RUTO's win - ODM lawyer[/h]The Kenyan DAILY POSTPolitics22:51



Wednesday March 27, 2013 - A top Orange Democratic Movement (ODM) lawyer has said the possibility of Raila Odinga winning the ongoing Presidential petition is very little based on the evidence he has presented in the court.


Addressing a group of lawyers outside the Supreme Court building, the lawyer said Raila and his legal team did not adequately prepare for the petition as IEBC and Jubilee coalition did.


The lawyer, who is also part of the team presenting Raila Odinga at the Supreme Court, said it only a matter of time before the six Supreme Court judges' poke holes on the evidence Raila has in the court.


He said the reasons why petitions never succeed in Africa is because of inadequate time and strict guidelines from the Supreme Court.


The lawyer also urged CORD leaders and supporters to prepare for a humiliating defeat on Saturday since the possibilities of winning the case are very minimal


The Kenyan DAILY POST

 

[MaxShimba]

NAIROBI, Kenya, – The Supreme Court on Wednesday rejected an application to have the Independent Electoral and Boundaries Commission (IEBC) produce the marked voter registers used in all polling stations.

The ruling read by Justice Mohammed Ibrahim opined that the application filed by the Africa Centre for Open Governance (AFRICOG) was lodged late and it was not possible for IEBC to heed the request within such short notice.

"Assuming that the petitioners had brought and served a notice to produce within the reasonable time and made an application well before the hearing date, the application would have been considered favourably," the six-judge bench ruled.

They further said AFRICOG's lawyer, Kethi Kilonzo, made an oral application which made it also difficult for the court to compel the electoral body to produce the register.

According to the judges, the application was also not formally before the court as should have been the case.

"As things stand now, there is no application before the court for consideration. In any case, such an application would have failed as it would have been brought too late… that is on 25th of March which was the date for the pre-trial conference," they ruled.

The court held that AFRICOG had no excuse for making the filing late since it could have been possible to file the application with the court on time. "The delay in filing the same is inexcusable and inordinate."

The judges said the petition challenging the presidential results had timelines laid out in the Constitution hence petitioners and parties to the case should strictly adhere to such technicalities.

On Tuesday, Kilonzo faced tough opposition when she notified the court that she wanted IEBC to produce the marked voter registers used during the March 4 General Election.

She said IEBC supplied manual forms 34 and 36 but submitted the electronic voters' register to the court, with claims that there were discrepancies of over 70,000 voters in the electronic register and those registered in the marked registers.

In her submission, she said it was only the principal register that could verify the actual number of registered voters and said the marked registers should even be in the custody of IEBC but in the hands of the court.

Her application was supported by lawyers representing the main petitioner – Prime Minister Raila Odinga – amid intense arguments by lawyers acting for President-elect Uhuru Kenyatta, his deputy William Ruto and IEBC.


http://www.capitalfm.co.ke/news/2013/03/supreme-court-throws-out-yet-another-plea/

 

[MaxShimba]

Orengo, Kiai and Gladwel Otieno warned against violating Supreme Court rules.
The Supreme Court on Wednesday warned parties to presidential elections petition to keep off the re-tallying centre at Kenyatta International Conference Centre (KICC).

Chief Justice Willy Mutunga said the court had received reports that LANDS Minister James Orengo, activists Maina Kiai and Gladwell Otieno went to KICC where they had an exchange with security officers.

"The tallying centre is an extension of the SupremeCourt, if one wants to go and observe the tallying then they must apply before this court," he said.

The CJ added: "We warn that we will punish acts that amount to contempt of Court."
Justice Njoki Ndung'u said only designated agents were allowed at the tallying centres.

Orengo said he was surprised by the accusation saying that there was a misunderstanding as one of the security officers did not recognize him.

He said he met the court's Registrar Gladys Shollei and had a discussion of what was going on and was satisfied.
"I have always respected the court and am surprised at the allegation. This is the first time such an allegation has been made against me," he added.

Kiai told the court that he was filming the proceedings and sharing the proceedings in the social media and did not intent to interrupt the exercise.

The Supreme Court is hearing election petitions filed against President-elect Uhuru Kenyatta by among others, Prime Minister Raila Odinga and Africa Centre for Open Governance (Africog).

The court on Monday ordered the re-tallying of presidential votes in 22 polling stations and auditing of all Forms 36 used by the Independent Electoral and Boundaries Commission in aggregating tallies from Forms 34.

Source:standardmedia.co.ke

 

[Ab-Titchaz]

#CORD Lead counsel now on


Lawyer Oraro: The voter turn out only equates those in communist states. #ElectionPetition

=============================================================================================

The petition is not about RailaOdinga and @UKenyatta but the future of ths country.

=================================================================================================

ORARO: Kuna tofauti ya matokeo ya Fomu 34 na 36. Tutathibitisha kura ziliongezwa kwa mgombea kuhakikisha anapata jumla ya kura zilizolengwa.

=================================================================================================

Oraro: IEBC was mandated to deliver a free and fair election according to the constitution in which they failed #DemocracyOnTrial

=================================================================================================

CORD counsel Oraro: The voting system was prone to manipulation in the absence of electronic voter identification.ll party agents were to verify the results before IEBC announces. That did not happen. My agents were thrown out of Bomas.

================================================================================================

Oraro: #IEBC terminated procurement contract, shed their independent cloth and went to the Government #DemocracyOnTrial

==================================================================================================

Oraro: In cases where the BVR system would collapse ,it was then subject to manipulation by anyone #DemocracyOnTrial

=====================================================================================================

Lawyer Oraro: There were many cases where the number of votes exceeded the number of registered voters #DemocracyOnTrial

==============================================================================================

Oraro: The tender was awarded to a company that had been evaluated earlier and found as not capable to deliver #BVRKits #DemocracyOnTrial

==============================================================================================

Oraro BVR system was meant to reduce human error by election officials and also generate verifiable data at the end of the election process

==========================================================================================

Oraro: There was a contrite interest in ensuring that technology did not apply to March 4 poll #DemocracyOnTrial

============================================================================================

Oraro: The process of procuring the EVIDs was beset with corruption and impunity.#DemocracyOnTrial

==================================================================================================

"ORARO: All party agents were to verify the results before IEBC announces. That did not happen.
My agents were thrown out of Bomas".

The question is not why the agent where thrown out or not but who influenced them to do that which
was uncontitutional was is to favour aspecific party!!!

=============================================================================================

Lawyer Oraro: #IEBC confused Kenyans whether process was electronic. #DemocracyOnTrial

===========================================================================================

Oraro: The law anticipates the use of the principle register throughout the electoral process #DemocracyOnTrial

============================================================================================

Oraro: Voter register is the cornerstone of an election #DemocracyOnTrial

=============================================================================================

Oraro: Elections Act part 6 provides for IEBC to open the principle register for inspection by the members of the public. #DemocracyOnTrial

===================================================================================================

Lawyer Oraro: "Creating a special register for voters without biometrics still raises very serious questions. #ElectionPetition "

==========================================================================================

 

[Ab-Titchaz]

Lawyer Oraro: What the people of Kenya have decided is that there can be no integrity without transparency in some parts. #ElectionPetition

=============================================================================

Lawyer Oraro: The Election Act does not allow for the IEBC to have two voter registers. #ElectionPetition

======================================================================================

Lawyer Oraro: The different affidavits by different parties have very different figures and this is questionable. #ElectionPetition

 

[Ab-Titchaz]

Oraro: 31, 319 voters biometric data was not captured, IEBC chair says they were 3, 318. #DemocracyOnTrial

===========================================================================

Oraro: why did we have to pass the Elections Act if this type of malpractice still exists? #DemocracyOnTrial

============================================================================

Oraro: The final figure by the IEBC has an addition of over 31,000 votes.#DemocracyOnTrial

===============================================================================

Oraro: The second register with all the information it contains was kept away from the public which is against the constitution.

 

[Ab-Titchaz]

Lawyer Oraro: We do not still have a principle register as there was no auditing to verify where these number differences came from.????

=================================================================================================

Oraro: The commission created a complete and separate register from the principle one.#DemocracyOnTrial

============================================================================================

Oraro: What register was certified on February 18th? #DemocracyOnTrial

 

[Ab-Titchaz]

Oraro: IEBC says that the additional numbers where voter turn out was higher than registered number were contained in the special register.
======================================================

Oraro: It is impossible to ascertain the number of people who voted in Marc 4 poll.#DemocracyOnTrial

==========================================================

Oraro: The numbers of voters without Biometrics are overwhelming in the Rift Valley.and Meru #DemocracyOnTrial

====================================================================================
Oraro: Failure by the IEBC to have the public inspect the register is an illegality.#DemocracyOnTrial

 

[Ab-Titchaz]

Lawyer Oraro: The illegality and unconstitutionality of the whole registration process affect the whole electoral process. #ElectionPetition

==============================================================================================

Lawyer Oraro: Failure by the IEBC to have the public inspect the register is an illegality. #ElectionPetition

============================================================================================

Lawyer Oraro: The public should have been given a chance to inspect the register after it was cleaned by the IEBC. #ElectionPetition

=======================================================================================

Lawyer Oraro: Whenever we are faced by the issue of excessive voters in a polling station, the answer is always special register.

============================================================================================

Lawyer Oraro: The transfer of voters to different polling stations should not be done less than 90 days to the election. How comes President Kibaki registered in KICC but voted in Othaya? #ElectionPetition

========================================================================================

Lawyer Oraro: Some voters were transferred because of the failure by the BVR technology and other reasons. #ElectionPetition

===============================================================================================

Lawyer Oraro: Does the manner in which the IEBC conducted the voter registration exercise add up per the constitutional requirements?

============================================================================================

Oraro: The special register was created on 25th Feb without the participation of the public. Nobody who can verify what is the registers.

================================================================================================

Lawyer Oraro: The voter registration exercise must be in tandem with the constitutional provisions.

================================================================================================

Lawyer Oraro: It is the constitutional duty of IEBC to create a transparent, fair and believable system. #ElectionPetition

================================================================================================

Lawyer Oraro: There is a constantly shifting burden of proof. #ElectionPetition

===============================================================================================

Oraro: The IEBC has produced a special register with huge numbers and have not disclosed the number of voters in the principle register.

=================================================================================================

Lawyer Oraro: Our case is based on the respondents own admissions of illegality as provided in their documents. #ElectionPetition

================================================================================================

Lawyer Oraro: The register provided to us is not the Biometric register. #ElectionPetition

================================================================================================

Lawyer Oraro: The issue of excessive voting amplifies the illegality in the whole process. #ElectionPetition

================================================================================================

Lawyer Oraro: The illegality and unconstitutionality of the whole registration process affect the whole electoral process. #ElectionPetition

==================================================================================================

Lawyer Oraro: Administrative arrangements to ensure all registered voters vote is in the hands of the IEBC. #ElectionPetition

================================================================================================

Lawyer Oraro: Technology was not a casual fall back plan but part of the electoral requirements. #ElectionPetition

=================================================================================================

Oraro: The Returning Officers were supposed to announce the results before transferring them electronically to the National Tallying Centre.

 

[Royals]

Mkuu, ulikuwepo mahakamani nini?
Asante kwa mchango wako mkubwa katika uzi huu.

 

[Mtali]

CORD begins fight to overturn Uhuru ‘win’


By Geoffrey Mosoku

NAIROBI; KENYA: The Coalition for Reforms and Democracy (CORD) files its petition at the Supreme Court on Friday to challenge the declaration of Uhuru Kenyatta as President-elect.

The petitioner is Eliud Owalo, chief campaign manager of Prime Minister Raila Odinga who was the CORD presidential flag-bearer in the March 4 elections.

But in a new twist, three people have filed a petition with the same court asking it to rule on whether the Independent Electoral and Boundaries Commission should have included rejected ballots in its final tally of the March 4 presidential votes.

The three are closely linked to the Jubilee Coalition. They are Mr Dennis Ole Itumbi, Moses Kuria and Ms Florence Sergon. Mr Itumbi runs a news and gossip Internet site, while Kuria is a media consultant and political commentator allied to The National Alliance (TNA).

It is now not clear which case the Supreme Court will deal with first, or if the cases will be heard concurrently. The court is supposed to listen and determine the cases within 14 days from the day of filing the case.

Under the Constitution, a person seeking to contest the presidential election has seven days to do so, following the declaration of the winner.

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

Secretive way

The alliance said on Thursday they were finalising papers and documents required to file the petition contesting Uhuru Kenyatta’s election as president. “We would like to inform Kenyans that we are in the final stages of preparing our presidential election petition to the Supreme Court, which we will file tomorrow (today),” said senior counsel and Makueni Senator-elect Mutula Kilonzo who is also Education minister.

Kilonzo said CORD’s legal team led by senior counsel George Oraro and Pheroze Nowrojee are ready to go to court today to challenge Uhuru’s election.

But referring to the same, Uhuru on Thursday said CORD’s move would not stop him and Ruto from laying the groundwork for their government.

“We have no time to waste; we are not sure if Kenyans want to look at us continue to bicker while they continue enduring suffering. We are not reaching out to our competitors because we fear anything; we only want to start reconciling Kenyans.”

“We want to tell you we had our plan as Jubilee. We cannot waste any single moment on the grounds that we are waiting for a petition,” said Uhuru. He added: “The Judicial processes will proceed even as the Jubilee government prepares to lay the structures to govern this nation, as we must do.”

CORD said they would proceed to file their case in court despite what they termed as efforts by the IEBC to frustrate them by denying them important documents in defiance of a High Court order.

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

On Thursday, the commission sent an SMS saying they had posted the required Form 34 on its website for all Kenyans to access.

“The 33,000 Forms 34 requested by CORD and used to tally presidential results in the General Election are posted on the website for all,” IEBC said in the SMS.

However, Lands minister and Siaya Senator-elect James Orengo said it was tedious to get the document as it was frustrating to download them with Mutula saying it was mischievous for the IEBC to post the documents in its website.

“If the electronic tallying collapsed, and they used manual tallying, it could have been fair for them to give us hard copies of the requested documents,” Mutula said during a media briefing at the Serena Hotel.

CORD said it has evidence to prove the elections were bungled and that IEBC has been operating in a secretive way, with Orengo saying the electoral body’s chiefs were inaccessible.

“This is the most opaque commission, worse that the ECK of 2007. Even to knock on the door of the chairman (Issack Hassan) is like knocking the door of a general in a military camp,” he added.

The two who were accompanied by Busia Senator-elect and former Attorney General Amos Wako, Medical Services Minister and Kisumu Senator-elect Anyang Nyong’o and Ogla Karan also protested that the IEBC failed to grant them access to the registers used during elections.

Wako said IEBC had effected many changes in the registers and thus CORD was seeking all the different versions of the voters’ roll.

“There is a process which leads to a final register. First you close registration, open inspection and then clean up the register to come up with the final document. However, when the final register produces other versions, you ask yourself which is the genuine one,” said Wako.

Declare publicly

CORD further failed to disclose if Safaricom had forwarded to them all the information they were seeking.

Wako said they were justified to move to the Supreme Court adding: “It is not just a democratic right but a constitutional duty for any citizen to move to the Supreme Court if he feels the Constitution has been violated.”

Earlier, MPs, governors and senators-elect from the Kisii community addressed journalists at the same hotel where they threw their weight behind the CORD petition.

Led by Kisii senator-elect Chris Obure, the leaders said they had faith the Supreme Court will grant the country justice by delivering a fair verdict. They urged their Jubilee counterparts to declare publicly that they were willing to accept ruling.

Those present included Richard Onyonka (Kitutu Chache South), Ben Momanyi (Borabu), Simon Ogari (Bomachoge), John Arama (Nakuru Town West), Simba Arati (Dagoretti North), Elijah Moindi (Nyaribari Masaba), Timothy Bosire (Kitutu Masaba), Chris Bichage (Nyaribari Chache), Charles Geni (North Mugirango), Mary Otara (Kisii County Women Representative), Alice Chae (Nyamira County Women Representative), John Nyagarama (Nyamira Governor), Joseph Kiangoi (EALA) and Manson Nyamweya (South Mugirango).

Onyonka said the Kisii community is supporting the CORD’s quest for justice, saying the Raila Odinga-led coalition enjoys support across the country and has the right to petition the outcome of a General Election it feels was mishandled.

And in another press conference held at the Panafric Hotel, MPs-elect from the Kamba community reiterated and affirmed their total support for CORD’s petition.
They included Bernard Kitungi (Mwingi West), Jessica Mbalu (Kibwezi East), Joe Mutambu (Mwingi Central), among others.

Standard Digital News - Kenya : CORD begins fight to overturn Uhuru ?win?

Hesabu za kujumlisha na kutoa ziliwashinda

 

[zinj]

Ab-Titchaz

Roger copied, noted with concern, thank you.

 

[Ab-Titchaz]

Ab-Titchaz

Roger copied, noted with concern thank you.

You are welcome.

Tomorrow is also an uphill battle for the presenters.

Today the CORD lead counsel held their ground with the basics. The voter register which should be gazetted
before the election (as provided for by the Constitution) was abused with some reckless abandon. All this has
been brought to the attention of the Kenyan people and the international community at large.

No we await to see how the IEBC will defend themselves and justify the use of the so called 'Greenbook".

To me Mr. Oraro did a splendid job based on the odds he is up against.

 

[Ab-Titchaz]

Mkuu, ulikuwepo mahakamani nini?
Asante kwa mchango wako mkubwa katika uzi huu.

Ankal,

tunajaribu kuwaletea mamboz humu JF kadri tunapoyapata kutoka jikoni.

Pamoja kwa sana!

 

[Ab-Titchaz]

[h=5]The Supreme Court adjourns until tomorrow 9am. #ElectionPetition[/h]

 

[Sallva]

KENYA PRESIDENTIAL PETITION UPDATES IN SUMMARY FORM






The updates of hearing of presidential election petition in Kenya are as summarised hereunder.



First but not foremost, an application in respect of “Notice to Produce”, filed by Lawyer Kethi Kilonzo on Monday on behalf the Africa Centre for Open Governance (AFRICOG) (the petitioner to presidential election petition) to have the Independent Electoral and Boundaries Commission be compelled to produce the marked voter registers from all polling stations during hearings of the Presidential election dispute was disallowed by the Supreme Court and as per ruling read out by Mohammed Ibrahim, SCJ.




Second, The Supreme Court heard arguments for and against the inclusion of rejected votes in the final tally of the presidential vote the issue raised by the Lawyer, Njoroge Regeru, representing activists Dennis Itumbi and Moses Kuria who filed Petition No. 3 of 2013. Njoroge Regeru, argued that rejected votes should not count on reasons, inter alia, comparative approach, purpose approach and past practice. Njoroge was supported by Fred Ngatia (Kenyatta’s lawyer) and Katwa, Kigan (Ruto’s lawyer). However, Mr Odinga's lawyer George Oraro argued that votes are part of total votes cast in an election and must be accounted for in the final tally and he was supported by Attorney General Prof. Githu Mwigai and Karori Kamau who is the lawyer of Chairman of IEBC , Issack Hassan.




Third, the judges also outlined five issues that would guide the hearing of the petition challenging IEBC's declaration of Uhuru Kenyatta as President-elect which are enumerated hereunder

a) Whether third respondent (Kenyatta) was validly elected president;
b) Whether procurement of electronic equipment and services to used in election was in breach of law
c) What were the consequences of procurement of electronic equipment and services to the general election.
d) Whether the rejected votes should have been included in the final tally of the presidential poll;
e) What consequential declarations, orders and reliefs should the court grant.




Fourth, Lawyer Kethi Kilonzo submitted on behalf of Africog in a unique style in which her submission was complimented by electronic evidence of recorded video. Her submission focused mainly on two issues, first issue was the discrepancies between votes declared by returning officers at constituencies and at counties levels and results declared National Tallying Centre (at Bomas) citing example of Nakuru County and second issue being unlawful Increase of voters in the Principal Voters Register subsequent to official close of registration of voters.




Last but not least, the senior counsel George Oralo submitted in his endevour to convince Supreme Court to declare the March 4[SUP]th[/SUP] legally invalid. His submission focused mainly on five issues hereiafter mentioned. First, failure by Presiding Officers to transmit presidential result electronically was unlawful. Second, unlawful increase of voters in the Principal Voters Register subsequent to official close of registration of voters. Third, the results declared by IEBC in favour of Kenyatta were far less than the fifty per cent (50%) of the votes cast as required by Article 138 (4)(a) of the Constitution. Fourth, Procurement of technological devices and services by IEBC was so poorly selected, designed and implemented that it was deliberately destined to fail at inception, to the knowledge of the IEBC’s officials with the sole purpose giving room to unlawful acts. Fifth, election malpractices or irregularities generally.

N.B hearing has been adjourned and it will proceed tomorrow at 9:00 sharp where petitioners will complete their submissions and thereafter the respondents will chip in to defend their case.



Humbly I submit.

 

[Malunde-Malundi]

Thank you for the summary

 

[kookolikoo]

Thank you for the summary

keep it up!

 

[Miimo]

Great, keep up