1). If there was no evidence,the learned judges could not have proposed for a possible prosecution on the BVR acquisition that Omtatah sought to address earlier (Petition No.311 of 2012).
2). The court had ordered for a re tally of results of 22 polling centers where 5 of them were found to be irregular. Forms 34 & 36 were altered and/or were missing - what evidence was to be produced here!
3)since the Supreme court is not open to appeals,they have inherent powers to call registers (without playing to the roles of any party to the petition) to make an informed opinion and conclusion in the decision of the petitions.
Have a pleasant evening - wont u!
Evans MACHERA.
From: Kuria-Mwangi <kjmwangi@gmail.com>
To: WanaKenya <wanakenya@googlegroups.com>
Cc: "kenyaonline@yahoogroups.com" <kenyaonline@yahoogroups.com>; uchunguzi online <uchunguzionline@yahoogroups.com>; Africa-Oped <africa-oped@yahoogroups.com>; Progressive Kenyans <progressive-kenyans@googlegroups.com>; VVM Vuguvugu Mashinani <VuguVuguMashinani@yahoogroups.com>; Kiswahili <Kiswahili@yahoogroups.com>
Sent: Tuesday, April 16, 2013 9:09 PM
Subject: [PK] Re: [KOL] There was, simply, no evidence – Supreme Court
SO
I doubt you have read it otherwise you would not be talking like this. Can you please move on like Rao now?On Tue, Apr 16, 2013 at 11:19 AM, Samuel Omwenga <somwenga@gmail.com> wrote:
KM,
The SC written opinion is a pathetic sham and an embarrassment of the Court besides being intellectually shallow as you'll see exposed in yours truly own written opinion coming your way soon.
Peace, Unity and Truth
OmwengaOn Tue, Apr 16, 2013 at 10:16 AM, Kuria-Mwangi <kjmwangi@gmail.com> wrote:
MO na wengine:What is so complicated about the ruling? Initially your problem was that the judges never gave reasons. We held that it was expecting too much to expect the judges to write the ruling in 2 days. Ghana judges are yet to make a ruling for the Dec 12 elections while Tebiti had mentioned that the US Supreme courts takes more than 3 months for such ruling. Not that we should delay in giving such rulings because others delayed but our judges took 3 weeks while others take months. The constitution demands that judges give a ruling (not written reasons) within 2 weeks of the elections. There are reasons for that.Now they have a ruling in written form so I hope we do what Rao and others have done-move on. Unlike you, Rao didn't have to wait for the written part but moved on.The judges have just repeated what we repeatedly said, that the register is not just the Dec. 18th print out which Cord insisted is the only register, that the green book contain information on all registers and so can be said to be the principal register. What they have recommended is a second copy of the Green Book to be made in the form of electronic storage to avoid cases where it may get lost through fire.On other maneno, they say Cord didn't have any evidence. Only Corders on these forums show evidence which was not there but that was because they only listened to Oraro and co.Now lets join Hon. Raila in moving on. Hii kelele donge is not helping anybody.There was, simply, no evidence – Supreme Court
NAIROBI, Kenya, Apr 16 – The Supreme Court has revealed that it rejected the presidential petitions by former Prime Minister Raila Odinga and civil society activists on the account of lack of sufficient evidence.In a detailed judgment issued on Monday, the Court was unanimous that the evidence did not affect the outcome of the election.According to the six-judge Bench, the petitioners failed to show that President Uhuru Kenyatta had not attained the constitutional threshold of being declared winner.The judgment read that: "In summary, the evidence, in our opinion, does not disclose any profound irregularity in the management of the electoral process, nor does it gravely impeach the mode of participation in the electoral process by any of the candidates who offered himself or herself before the voting public.""It is not evident, on the facts of this case, that the candidate declared as the President-elect had not obtained the basic vote-threshold justifying his being declared as such," further read the judgment.In the March 4 election the Independent Electoral and Boundaries Commission (IEBC) declared Kenyatta as President-elect, with 6,173,433 votes while Odinga, who was in second position got 5,340,546 votes.According to the judges there was no possibility that the conduct of the election would have been perfect but that the demerits of the process did not distort the will of the people."We came to the conclusion that, by no means can the conduct of this election be said to have been perfect, even though, quite clearly, the election had been of the greatest interest to the Kenyan people, and they had voluntarily come out into the polling stations, for the purpose of electing the occupant of the Presidential office."That court affirmed that IEBC was correct to revert to the manual systems of tallying and voter identification after the Electronic Voter Identification Devices (EVID) and the Result Transmission System (RTS) failed as there was no other rational retreat.According to the Court, the Commission should however take urgent steps in backing up voter information captured during the registration process."As regards the integrity of the election itself, what lawful course could IEBC have taken after the transmission technology failed? There was no option, in our opinion, but to revert to the manual electoral system, as was done.""We note from the evidence that the said manual system, though it did serve as a vital fall-back position, has itself a major weakness which IEBC has a public duty to set right. The ultimate safeguard for the voter registration process, namely "the Green Book", has data that is not backed-up, just in case of a fire, or other like calamity. We signal this as an urgent item of the agenda of the IEBC, and recommend appropriate redressive action," the verdict read.On the questions of tallying, the court was unanimous that such was the mandate of the IEBC and that it was up to the commission to decide how best to do it while incorporating stakeholders in the process.The judges reiterated that although IEBC was bound by values of good governance, integrity, transparency and accountability such could only be optimally realised in conditions of good order, peace and security."We must come to the conclusion that tallying was indeed conducted in accordance with the law, and the relocation of political party agents did not undermine the credibility of the tallying, nor provide a basis for annulling the outcome of the Presidential election.On the Voter Register the Court said that Odinga, Civil Society activists Gladwell Otieno and Zahid Rajan failed to show that the voters' register as compiled and used, was in any way in breach of the law, or compromised the voters' electoral rights.The Court has held that the register is not envisaged by law to be a single document, but a combination of several parts prepared to cater for divers groups of electors.On Tue, Apr 16, 2013 at 8:33 AM, henry ouma <henryouma2002@yahoo.com> wrote:--What does this tell the intelligency of Kenyans ? Which state agency? In Kenya which major distinction exists between state and govt ? How succesful is one likely to be in pursuing such a cause?????
From: Maurice Oduor <mauricejoduor@gmail.com>
To: Progressive Kenyans <progressive-kenyans@googlegroups.com>
Cc: "wanakenya@googlegroups.com" <wanakenya@googlegroups.com>; VVM Vuguvugu Mashinani <VuguVuguMashinani@yahoogroups.com>; Kiswahili <Kiswahili@yahoogroups.com>
Sent: Tuesday, April 16, 2013 2:44 PM
Subject: Supreme Court Opinion
--CouragePage 87 Court recommends further investigation and possible prosecution of IEBC personalities with respect to procurement of voting machines (BVR etc.).The ruling on Votes Cast needs revisiting. Page 271 says that the constitution does not define it so the court made its own interpretation.Here it is and just as we predicted, the ruling was made for political reasons, to avoid precipitating a crisis in the operations of the Executive Branch and to adhere to the 14-day allowed window. (Bottom of Page 79)Page 80
"Public Interest",
"Transition process would be responsibly accomplished"
etc.
http://marsgroupkenya.org/pdfs/2013/04/Full%20Judgement-Petition%20No.%205%20of%202013.pdf
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