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My Thoughts and Views On Raila/AfriCog As Expressed Via Various Online Posts Part IV

30 Mar

IEBC Bomas

This is a continuation of the various posts I have made elsewhere on this issue for those who may have not seen them; as noted in Part I, it’s been a crazy busy week I was unable to update this blog.

It has been pleasing or depressing day at the Supreme Court today, depending on whether one is for democracy and justice or impunity and status quo.

A full report is coming soon but here is how I have been tweeting as I followed the proceedings live:

Omwenga @Omwenga

Counsel Oraro needs to recharge batteries so will conclude tomorrow…very powerful, persuasive and impressive performance.

Omwenga @Omwenga

Counsel Oraro’s burden of shifting burden now requiring IEBC and its “mandarins” to prove they conducted credible elections a game changer

Omwenga @Omwenga

Counsel Oraro: Where there were excessive voters, except one, the additional names were contained in the illegal Special Register.

Omwenga @Omwenga

Counsel Oraro: IEBC committed election crime by continuing to register voters after principal register was closed–with Hassan’s approval

Omwenga @Omwenga

Counsel Oraro: Nobody knows how many registered voters there are in Kenya–thanks to to IEBC corruption and incompetence.

Omwenga @Omwenga

Counsel Oraro: There was a contrived interest in ensuring technology did not apply 2013 election contrary to what was being sold to public.

Omwenga @Omwenga 57m

Counsel Oraro: IEBC had a phantom list of 31,000 “special voters” but not published for the public to inspect contrary to the law

Omwenga @Omwenga

Counsel Oraro: The “mandarins” at IEBC led by Betty Sungura corruptly awarded tender to Face Technology contrary to law and IEBC mandate.

Omwenga @Omwenga

Electronic failure which was preceded by all manner of tampering is key in the petition but Oraro may be spending a bit too much time on it.

Omwenga @Omwenga

Counsel Oraro has brilliantly placed the burden of proving the elections were credible and in accordance to law on IEBC, not Raila

Omwenga @Omwenga

Counsel Oraro: scheme was to take a few votes, 100 or so from a candidate or more at a station add those to Uhuru and says will prove this.

Omwenga @Omwenga

Jubilee paid hacks and wannabes are masquerading as “legal experts” commenting on Raila’s petition; the media is really in the tank for UK

Omwenga @Omwenga

SC ruling on Raila affidavits was unhelpful but lawyers can still present the same info via evidence already admitted so no worries, folks!

Omwenga @Omwenga

Counsel Kilonzo is “kicking ass” as Americans say.

Omwenga @Omwenga

Very powerful and persuasive presentation by Counsel Kilonzo. Opposing counsel are no doubt sweating profusely and for good reason.

My prediction as Counsel Oraro concludes in the morning, 5-1 in favor of granting the petition and nullifying the bogus announcement by the obviously compromised IEBC that Uhuru won we he, in fact, did not win or even come close.

My prediction after Counsel Oraro concludes and all the respondents have made their rebuttals: 6-0 in favor of granting Raila’s petition and nullifying the bogus announcement by the obviously compromised IEBC that Uhuru won when he, in fact, did not win or even come close.

Here are some of my tweets on this historic case.

Omwenga @Omwenga

Jubilee paid hacks and wannabes are masquerading as “legal experts” commenting on Raila’s petition; the media is really in the tank for UK

Omwenga @Omwenga

SC ruling on Raila affidavits was unhelpful but lawyers can still present the same info via evidence already admitted so no worries, folks!

Omwenga @Omwenga

Counsel Kilonzo is “kicking ass” as Americans say.

Omwenga @Omwenga

Very powerful and persuasive presentation by Counsel Kilonzo. Opposing counsel are no doubt sweating profusely and for good reason.

Omwenga @Omwenga

Counsel Oraro has brilliantly placed the burden of proving the elections were credible and in accordance to law on IEBC, not Raila

Omwenga @Omwenga

Counsel Oraro: scheme was to take a few votes, 100 or so from a candidate or more at a station add those to Uhuru and says will prove this.

J,

You’re buying Jubilee propaganda.

We are not going to lose the case neither have “all key pieces of evidence” been declined; the Supreme Court did not admit an extensive affidavit which nicely and effectively summed up the case but that doesn’t mean we lost any evidence!

The evidence is there and if you watched both presentations by counsel and senior counsel Kethi Kilonzo and Oraro you would have seen where the evidence is–it’s not in the affidavits but in what we can prove from IEBC’s on documents and information.

It obviously would have been better for us to have the extensive affidavit admitted but you cannot come from that simple event and throw up your hands and say you have lost; if that were the case, there will not be any litigation because judges are always denying or rejecting to admit all manner of evidence and witnesses but the affected lawyers go on to make their cases and win as they should if they have a winnable case.

We have more than a winnable case and judging by today’s presentation, anyone who knows anything about litigation and is objective will tell you IEBC and Hassan are faced with a case they cannot possibly win or overcome, depending on how you look at it.

In other words, the case will be won on account of the evidence already admitted and in the record, not lost on account of an affidavit or affidavits that were not admitted.

Hehehehe,

You people are being taken by KM’s clever strategy to mute the good news from the floor of the Supreme Court today to be affirmed by the bench on Saturday; if you have anything to say, say it!

You think KM will be saying the same thing if Counsel Kilonzo was not doing the superb job she’s doing?

As he would say, “hell NO!”

No need to wait for the IEBC to say anything about things they can’t say anything plausible about; really, what is IEBC going to say to change the fact that votes were systematically taken from Raila and all other presidential candidates and added to Uhuru or what are they going to say other than something really stupid why we have polling station total number of registered voters being at variance with the fake numbers IEBC announced as the results from those polling stations?

Cord has not even taken to the floor to make it’s case.

Here is how I have twitted about this:

Omwenga @Omwenga

Jubilee paid hacks and wannabes are masquerading as “legal experts” commenting on Raila’s petition; the media is really in the tank for UK

Omwenga @Omwenga

SC ruling on Raila affidavits was unhelpful but lawyers can still present the same info via evidence already admitted so no worries, folks!

Omwenga @Omwenga

Counsel Kilonzo is “kicking ass” as Americans say.

Omwenga @Omwenga

Very powerful and persuasive presentation by Counsel Kilonzo. Opposing counsel are no doubt sweating profusely and for good reason.

M,

Let me predict one thing and we can compare notes afterwards: at least one respondent’s lawyer is going to make an ass of himself.

The rest of respondents’ lawyers will try their best to rebut an irrebutable case but will fall short, and thst’s if they can avoid being laughed out of court.

If this was a criminal trial, the respondents’ lawyers will be camped outside the prosecutor’s office each trying to cut a deal to avoid certain conviction and lengthy jail times.

That opportunity may yet avail for some of these mandarins.

M,

Getting nullification on account Uhuru did not pass the threshold of 50%+1 is the easiest part of Raila’s case.

The larger case to make and we are confident this will be done, is to show thst there was a deliberate scheme to violet the law on elections such that the elections were not credible.

Once that is established, we not only have nullification of the bogus results announced by the obviously compromised IEBC that Uhuru won when he, in fact, did not win or even come close, we’ll have people going to jail by the truckload.

The Supreme Court has declined to order forensic audit sought by the petitioner.

Says there is no time but would have so ordered had the petitioner filed the application along with the petition.

Now about to rule on the 900 page affidavit Cord seeks admission into evidence.

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Posted by on March 30, 2013 in Politics

 

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