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.
M I know you’re snoring away but while you’ve been snoring, IEBC counsels Nyaoga, Paul Nyamodi and Mungai attempted to make their presentations defending the impossible. Nyaoga made a brief opening which was basically a lecturing of the justices on the law and blah blah they already know.
Interestingly, while talking about law, Nyaoga said and I quote, “a body exercising constitutional and statutory in good faith cannot be displaced lightly and moreso on preconceived notions, historical perceptions, stereotyping or typecast” but he cited no authority for this proposition, meaning, which court other than him has said this. Such propositions are usually ignored by the judges and whatever other arguments flow from it and Nyaoga did try to tie some argument to this to no effect.
Counsel Nyamodi spent a considerable amount of time trying to justify the mess with the registry senior counsel Oraro says to this day we don’t know how many registered voters we have in Kenya thanks to the mangling, tampering and manipulation of the registry by Hassan and other mandarins at IEBC. Nyamodi did the best he could but in the end did not address the evidence and facts petitioners put forth yesterday.
Counsel Mungai was next addressing the inconsistency of numbers and failure of ICT.
One has to give Mungai good credit for articulating and emphatically so, a number of fake arguments. I counted at least 3 such fake arguments otherwise known as straw man arguments. For example, Munga claimed if the Court were to find that the illegal special register created by the mandarins at IEBC is, in fact, illegal, then according to Mungai the Court will be disenfranchising 36,000 people with disabilities such as no fingers, etc.
Now, this is a classic straw man argument because the issue is not whether people with disabilities should be allowed to vote; rather, the issue is whether IEBC created an illegal register of voters and the petitioners have shown that they did.
That being the case, the credibility of the presidential elections cannot be said to exist here and thus one more reason this is headed to nullification.
Here are some of my tweets on this:
Omwenga @Omwenga
Counsel Mungai is engaged in straw man argument regarding the special register and the 36,000 votes in it petitioner says were used to rig
Omwenga @Omwenga
IEBC admission they had a special register nobody new about except for the “mandarins” at IEBC is fetal and the case can be decided on that
Omwenga @Omwenga
Ethuro David Ekwe is chosen as the Speaker of the Senate
Omwenga @Omwenga
Unofficial Ethuro new Speaker of the Senate
Omwenga @Omwenga
The law is very clear the register once gazetted is final and cannot be amended or adjusted except in one instance not applicable here.
Omwenga @Omwenga
IEBC counsel admits amendments and alteration of the register was done after Dec 18 and claims IEBC had authority to do so!
Omwenga @Omwenga
IEBC Counsel: IEBC will criminally prosecute people who doubly registered as voters…interesting they too may be criminally prosecuted
Omwenga @Omwenga
Counsel Omondi denies there was additional registration after December 18 when the evidence shows to the contrary.
Omwenga @Omwenga
Counsel Nyaoga is arguing that what the petitioners seek as a remedy is impossible; this is is an odd argument; so we accept rigging?
Omwenga @Omwenga
Counsel Nyaoga for IEBC is thus far lecturing the Justices instead of rebutting what the petitioners’ counsel raised as irrefutable facts
Omwenga @Omwenga
Counsel Ochieng basically says there was illegal collusion among IEBC, Kencall and TNA, which made it possible to cook #s electronically
Omwenga @Omwenga
Counsel Ochieng basically says there was illegal collusion among IEBC, Kencall and TNA, which made it possible to cook #s electronically
Omwenga @Omwenga
Counsel Oraro rests his case for now reserves time to respond after the respondents attempt to rebut what he and Kilonzo have laid down
Omwenga @Omwenga
Counsel Oraro: IEBC and Hassan completely abandoned their constitutional obligations to the detriment of all Kenyans and Raila in particular
Omwenga @Omwenga
Counsel Oraro: The IEBC committed several breaches of its constitutional obligation to conduct an open, transparent and accurate elections
Omwenga @Omwenga
Counsel Oraro: These were not nominal irregularities resulting in these discrepancies but serious violations that altered the results
Omwenga @Omwenga
Oraro: Discrepancies between forms 34 and 36 and between forms 36 and final results has more than the 8200 votes needed to nullify elections
Omwenga @Omwenga
Counsel Oraro: Exclusion of presiding officers returned the tallying process to 2007 where ROs were doing as they please with numbers
Omwenga @Omwenga
Counsel Oraro: Presiding officers, the institutional anchors excluded from the tallying process chain at unilaterally created regional teams
Omwenga @Omwenga 48m
Counsel Oraro: had IEBC addressed shortcomings system pointed out to it long before the elections, we could not have had the flawed election.
…
Notice the difference between what you’re saying and what yours truly and Lee are saying; ours is based on facts, information and analysis, yours none of the three.
There is another word for it, meaning what you’re doing starts with a “k” and ends with an “a”
I told you yesterday the justices await today to laugh at what attempt to explain the impossible these IEBC, Uhuru and Ruto’s lawyers will try and achieve thus far they’re just evoking sadness instead for the dearth of substantive response to the precise points of facts and evidence presented by counsels Oraro and Kethi Kilonzo.
I have never seen dancing around issues as has been demonstrated by the 3 lawyers who have gone on the floor and all Jubilleans must be concerned knowing who is next are lawyers for Uhuru and Ruto who are really not the primary culprits but albeit instrumental in the scheme.
If IEBC can’t make a case to defend their wrongdoing, nothing Uhuru’s and Ruto’s lawyers can do to save them.
We are now slowly but surely moving from a 5-1 decision in favor of Raila to a unanimous decision in favor of him–yes, him the man.
…IEBC has concluded its rebuttal and what a joy for Raila and Cord; they did not even bother to address the hard evidence and facts put before the court; they rather opted to dwell on ancillary, irrelevant or other issues not partinent to question before the Court and that’s whether the now obviously compromised IEBC conducted an election which were simple, accurate, verifiable, secure, accountable and transparent elections as required under the law.
The answer to that question as clearly established by the petitioners and their lawyers is, a resounding NO.
Here are some of my updated tweets on this:
Omwenga @Omwenga
Abdullahi wants the SC to create a new standard of proof higher than that applicable criminal law; this is IEBC trying to find any escape
Omwenga @Omwenga
Abdullahi is engaged in showmanship, comedy and lecturing justices on constitutional laws they already know instead of rebutting petitioner
Omwenga @Omwenga
Counsel Abdullahi has done it; he has said something outlandish drawing the ire of Justice Wanjala–says SC is on trial when it’s not!
Omwenga @Omwenga
Counsel Abdullahi is on many are holding their breaths wondering when not if he says something outlandish or puts foot in his mouth.
Omwenga @Omwenga
Counsel W Kilonzo for IEBC: National Tallying Center only one that matter; not polling, constituency or county tallies; amazing!
Omwenga @Omwenga
It’s clear IEBC is staying clear of the evidence–or at least at much as they can and are comfortable trying to kill time lecturing on law
Omwenga @Omwenga
Counsel Nyaoga’s dwelling on standard of proof is perplexing but good from Cord’s side because it’s eating valuable time.
Omwenga @Omwenga
Counsel Rebello attempt to justify why Cord agents were kicked out of tallying center is laughable; he was better off leaving the fact alone
Omwenga @Omwenga
IEBC counsel claims elections were peaceful, open and transparent; but of course they were; it’s the cooking of the numbers that was not!
Omwenga @Omwenga
IEBC counsel is trying to justify its lie to the court on grounds none of the other candidates complained about the bogus results
Omwenga @Omwenga
IEBC counsel is lying to the court that the people of Kenya have accepted the bogus results announced by the obviously compromised IEBC
Omwenga @Omwenga
Key is special register was not made public as required by law and nobody knows who is in it or who voted from–perfect for serious rigging
Omwenga @Omwenga
Issue is not whether the 36,000 voters in the special register should have been allowed to vote but one whether register is legal; its not.
