MK254
JF-Expert Member
- May 11, 2013
- 32,408
- 50,809
Mawakili au 'wasomi wenza' kama wanavyopenda kuitana waliowakilisha pande zote wametema cheche za kutosha, un'gen'ge balaa hadi wengine tulikua tunasinzia. Wale wa Raila wameweka bayana tuhuma zao, nao wa tume na wa rais Uhuru wakajibu mapigo kwa maelezo yao.
Sasa jaji mkuu ametoa muongozo kwamba Septemba 1 ndio atapokeza uamuzi wa mahakama, siku hiyo ndio tutajua nini hatima ya huu mchakao wote. Aidha turudie uchaguzi wa urais ndani ya siku sitini, au Raila atangazwe mshindi au aliyetangazwa mshindi na tume huru abaki kuwa mshindi.
Japo kitu kimoja ambacho kipo wazi, kama ikitokea tuhuma za Raila kuwa kweli, basi naona bora uchaguzi wote ukafutwa maana zimegusa mpaka mashinani, kwamba matokeo ya maeneo bunge 90 yalikua na dosari, hivyo hii imekaa ovyo kama ni kweli.
Cha msingi, Wakenya tudumishe amani tuwe tayari kupokea maamuzi yoyote, kama ikitokea tunarudia uchaguzi, binafsi mimi hapa kura yangu ipo tayari na nitaamka alfajili na kupanga foleni na kupiga kura tena. Haki ya msingi hiyo.....
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The Supreme Court will deliver its ruling on the presidential petition on Friday, September 1.
Chief Justice David Maraga did not, however, specify the time the ruling will be delivered.
"The court registrar will communicate the time the judgement will be delivered," Maraga said.
He made the announcement after parties concluded submissions on the report on the audit of IEBC servers.
Lawyers acting for President Uhuru Kenyatta and those for NASA leader Raila Odinga went head to head in their last-minute submissions in the poll petition.
The legal teams clashed as they accused each other of failing to tell the court the true picture following a scrutiny and read-only audit of IEBC servers.
The NASA team described the elections as shambolic and demanded nullification of Uhuru's win.
Jubilee, on the other hand, dismissed the argument as mere suspicion which cannot be the basis of canceling the results.
Orengo said a random sampling of forms 34 A, B, and C that they assessed a lot of issues.
He said this proved the elections in at least 90 constituencies were not conducted in a credible manner, eventually affecting at least 5 million votes.
He said some of the forms 34A did not have watermarks "yet this is what the chairman used in the declaration of the elections".
"Come to 34B, more than 56 had no security features, 32 forms were not signed by agents and 189 forms were not completely filled yet were used in the declaration of the results."
Orengo also pointed out that the electoral commission failed to comply with a court order to allow access to configuration of firewalls, the internal firewall, certified copies and certificates of penetration into KIEMS prior to the election.
He said specific GPRS location of KIEMS kits was also not provided.
"We have justified reasons for the allegations we have raised here. These forms that were irregular on accounts of the reasons stated affected nearly 5 million votes."
Orengo urged the parties to commend the registrar for leading the scrutiny.
"My lords it is a sorry state of affairs and these reports fully support our position that your lordships, and we pray, you should declare the election of the third respondent Uhuru Kenyatta as invalid and not in accordance with the Constitution."
While describing the reports as smoking guns, Orengo said they proved the law was not followed in many instances.
"You cannot ignore the reports in regard to the statutory forms which are to serve purposes in the election," Orengo said.
"IEBC agreed to provide read-only access to the servers at about 11am, but with no copy capability, access to system database logs was not provided."
But Muite said only a few forms lacked signatures by returning officers, and in those instances, security features were provided.
The lawyer said the court, after going through the report prepared by the Registrar, will further find that the majority of those where special features were not visible actually voted for Raila.
However, the lawyer argued that even so, it was not a requirement of the law for the forms to have special features.
Muite and Ngatia protested as irregular, a move by Orengo to table three new documents to support their claims.
They said the court had given clear directions for parties to study the report and give a brief report.
"The fallacy that many forms 34a were missing is untrue," Ngatia said.
"You will see from the report that the company we were relying on as a commission is in America, while the servers are in Europe, you know the time difference," Muite said.
The lawyer said because of the special security of the features it took a long time to access the servers.
"My lord, you cannot be asked to nullify the presidential election on the basis of allegations and suspicion."
The lawyer said even the petitioner was not challenging the numbers and the court had not been asked that the figures in form 34 A, B, were wrong or cooked.
"The will of Kenyans voters was captured in forms 34, A and B," he said.
Earlier, NASA lawyer Edwin Sifuna said by seven they had not accessed the servers as directed by the court.
But Muite said there were difficulties in accessing the servers since Europe is a couple of hours behind Kenya.
"We have complied with access to soft copies. There are things that are beyond the orders of the court. Will be done within the next hour or so," Muite said.
NASA had at the beginning of the hearing protested saying the electoral body was taking them in circles.
This prompted the Chief Justice Maraga to issues instructions for more staff to be dispatched to Milimani law court for the forms scrutiny.
NASA lawyers urged the court to nullify President Uhuru Kenyatta's re-election on the basis that the August 8 poll was marred by massive irregularities.
Raila presidential petition hearing ends, Maraga says ruling on September 1
Sasa jaji mkuu ametoa muongozo kwamba Septemba 1 ndio atapokeza uamuzi wa mahakama, siku hiyo ndio tutajua nini hatima ya huu mchakao wote. Aidha turudie uchaguzi wa urais ndani ya siku sitini, au Raila atangazwe mshindi au aliyetangazwa mshindi na tume huru abaki kuwa mshindi.
Japo kitu kimoja ambacho kipo wazi, kama ikitokea tuhuma za Raila kuwa kweli, basi naona bora uchaguzi wote ukafutwa maana zimegusa mpaka mashinani, kwamba matokeo ya maeneo bunge 90 yalikua na dosari, hivyo hii imekaa ovyo kama ni kweli.
Cha msingi, Wakenya tudumishe amani tuwe tayari kupokea maamuzi yoyote, kama ikitokea tunarudia uchaguzi, binafsi mimi hapa kura yangu ipo tayari na nitaamka alfajili na kupanga foleni na kupiga kura tena. Haki ya msingi hiyo.....
-------------------------------------------------------------
The Supreme Court will deliver its ruling on the presidential petition on Friday, September 1.
Chief Justice David Maraga did not, however, specify the time the ruling will be delivered.
"The court registrar will communicate the time the judgement will be delivered," Maraga said.
He made the announcement after parties concluded submissions on the report on the audit of IEBC servers.
Lawyers acting for President Uhuru Kenyatta and those for NASA leader Raila Odinga went head to head in their last-minute submissions in the poll petition.
The legal teams clashed as they accused each other of failing to tell the court the true picture following a scrutiny and read-only audit of IEBC servers.
The NASA team described the elections as shambolic and demanded nullification of Uhuru's win.
Jubilee, on the other hand, dismissed the argument as mere suspicion which cannot be the basis of canceling the results.
Orengo said a random sampling of forms 34 A, B, and C that they assessed a lot of issues.
He said this proved the elections in at least 90 constituencies were not conducted in a credible manner, eventually affecting at least 5 million votes.
He said some of the forms 34A did not have watermarks "yet this is what the chairman used in the declaration of the elections".
"Come to 34B, more than 56 had no security features, 32 forms were not signed by agents and 189 forms were not completely filled yet were used in the declaration of the results."
Orengo also pointed out that the electoral commission failed to comply with a court order to allow access to configuration of firewalls, the internal firewall, certified copies and certificates of penetration into KIEMS prior to the election.
He said specific GPRS location of KIEMS kits was also not provided.
"We have justified reasons for the allegations we have raised here. These forms that were irregular on accounts of the reasons stated affected nearly 5 million votes."
Orengo urged the parties to commend the registrar for leading the scrutiny.
"My lords it is a sorry state of affairs and these reports fully support our position that your lordships, and we pray, you should declare the election of the third respondent Uhuru Kenyatta as invalid and not in accordance with the Constitution."
While describing the reports as smoking guns, Orengo said they proved the law was not followed in many instances.
"You cannot ignore the reports in regard to the statutory forms which are to serve purposes in the election," Orengo said.
"IEBC agreed to provide read-only access to the servers at about 11am, but with no copy capability, access to system database logs was not provided."
But Muite said only a few forms lacked signatures by returning officers, and in those instances, security features were provided.
The lawyer said the court, after going through the report prepared by the Registrar, will further find that the majority of those where special features were not visible actually voted for Raila.
However, the lawyer argued that even so, it was not a requirement of the law for the forms to have special features.
Muite and Ngatia protested as irregular, a move by Orengo to table three new documents to support their claims.
They said the court had given clear directions for parties to study the report and give a brief report.
"The fallacy that many forms 34a were missing is untrue," Ngatia said.
"You will see from the report that the company we were relying on as a commission is in America, while the servers are in Europe, you know the time difference," Muite said.
The lawyer said because of the special security of the features it took a long time to access the servers.
"My lord, you cannot be asked to nullify the presidential election on the basis of allegations and suspicion."
The lawyer said even the petitioner was not challenging the numbers and the court had not been asked that the figures in form 34 A, B, were wrong or cooked.
"The will of Kenyans voters was captured in forms 34, A and B," he said.
Earlier, NASA lawyer Edwin Sifuna said by seven they had not accessed the servers as directed by the court.
But Muite said there were difficulties in accessing the servers since Europe is a couple of hours behind Kenya.
"We have complied with access to soft copies. There are things that are beyond the orders of the court. Will be done within the next hour or so," Muite said.
NASA had at the beginning of the hearing protested saying the electoral body was taking them in circles.
This prompted the Chief Justice Maraga to issues instructions for more staff to be dispatched to Milimani law court for the forms scrutiny.
NASA lawyers urged the court to nullify President Uhuru Kenyatta's re-election on the basis that the August 8 poll was marred by massive irregularities.
Raila presidential petition hearing ends, Maraga says ruling on September 1
