Wednesday 27 March 2013

Re: [wanabidii] WHY THE IEBC WILL PREVAIL AGAINST PM ODINGA/CORD PETITION

Lets wait the SC verdict.we still have 2 days to go.be patient folks!

On Wednesday, March 27, 2013, Maurice Oduor <mauricejoduor@gmail.com> wrote:
> Dave,
>
> Is the great democrat in you now saying that yes, the recent elections had some major deficiencies and mischief but let's accept the results and move on for the sake of stability?  That is like someone slapping you and your wife and you accept it and move on for the sake of stability !!!!!  I think you should listen to yourself first before you hit SEND. You're advising Kenyans to be comfortable with being victims.
>
> Courage
>
>
> On Wed, Mar 27, 2013 at 1:55 AM, David ochwangi <dochwangi@yahoo.com> wrote:
>>
>> All else being equal, Prime Minister Odinga has conducted himself honorably since the March 4 elections that declared Uhuru Kenyatta the winner,  relatively speaking that is,  compared to 2007/2008. He has taken his grievances to court and had he followed the same path 5 years ago, Mr. Odinga would be the epitome of statesmanship and perhaps win this round by a landslide. The fact is he didn't and I hope I haven't spoken too soon and that there won't be another bloodletting showdown in the offing around the corner. I think that the Prime Minister often speaks carelessly without thinking and he forgets that words matter, they can build or destroy.  Even before the ink was dry on the certificate issued to Kenyatta, he publicly called the President-elect and his Deputy criminals who belong to prison and not Statehouse and has also claimed that he won the elections by a whopping 1.5 Million votes (don't ask me who counted). To drive the point home, he filed a petition before the Supreme Court and immediately declared that the SC will rule in his favor and that his opponents should be ready to accept the SC ruling. Just as they all (including the PM) had agreed to accept the people's verdict on March 4, Kenyatta and Ruto once again agreed to abide by the SC decision.
>>  
>> As far I am concerned, the IEBC failed Kenyans in a lot of respects over the last year in major ways not the least of which was its failure to register as many eligible voters as possible and also failing to announce results immediately they concluded the tallying at the polling centers.  However, none of these infractions are actionable before the Supreme Court. Contrary to the PM's petition, there is no known remedy that would result in a different outcome than the one on March 4.
>> Win or lose-to his credit PM Odinga has provided the country  a great opportunity to test the apparatus of government. Losing is hard for anyone but nobody can contest the PM's fighting spirit, it may be misplaced but he has great determination and I greatly applaud him for that. However, what's germane in this matter is whether Prime Minister Odinga has raised sufficient legal challenge against IEBC and president elect Kenyatta to warrant the overturn of the elections and the answer is no. The court has to be convinced that the outcome would be different but for what CORD contends IEBC did wrong and that is practically impossible, the margins are too wide and the nation is too fatigued to endure another grueling political season just to give the Prime Minister a do-over chance. The nation's economy depends on a stable political environment, investors are waiting to see what the court does and I don't think the justices would ransom the whole country's future on the basis of CORD's unproven claims, I just don't see how.
>> For those of you who had a chance to review the PM's petition, it speaks for itself. To those of you haven't, the PM is asking the court to nullify the March 4 elections of President elect Kenyatta primarily because a) IEBC failed to carry out proper and valid voter registration in accordance with Article 83 of the Constitution. b) In some constituencies, the number of votes cast exceeded the number of registered voters. c) IEBC allowed a mobile phone service provider to co-host both its server and that of the TNA. d) IEBC electronic results transmission systems adopted were poorly selected and designed and e)IEBC failed to conduct transparent, verifiable and accountable elections.
>> I don't' know who advises the PM but methinks that our PM has very bad advisors who have badly misled and misadvised him. They ran a roughshod job from the messy nominations that for the first time saw Kenyans around the country raucously rebel against the PM and his ODM party, to a badly run general campaign and now this poorly crafted petition. The petition does not even state a claim upon which the Supreme Court can grant remedy. Let's just review the PM's broad premises one by one:
>> a) IEBC failed to carry out proper and valid voter registration in accordance with Article 83 of the Constitution.
>> I cannot make what this assertion by the PM is all about because there is absolutely nothing in this that even remotely warrants a constitutional reference.  The constitution doesn't define or specify how voter registration should be conducted. Moreover, even for argument sake, the court granted the PM's assertion, it still falls flat on its face because it is barred by laches and estoppel; the PM failed to assert this claim in a timely manner and frustrated his claim through his own
>>
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