Tag Archives: Musyoka

In Implications of Today’s Supreme Court Ruling published in the Star today, I offer my views as to what the implications of today’s historic Supreme Court ruling are and urge us all to accept the decision whether we agree with it or not.

Here is an except:

To this end, it’s preferable that the court reaches a unanimous decision whichever way the consensus of the court goes as to the merits of the petition challenging the presidential results announced by IEBC.

Such an outcome may not guarantee or shield the court from criticism or condemnation from those who may not agree with it, but it would certainly go a long way in reducing the number of those so inclined to so condemn or criticise to a negligible minimum more akin to the village madman or woman every village must have—and that will be great for the country, given the concomitant reduction in divisiveness flowing from it.

The voters spoke on March 4, the Supreme Court has now spoken as to the finality of what the voters said is.

Let’s all respect that, whether we agree with the decision or not and hope we now have this mess behind us and more importantly, that in the next general election, we shall have a competent, incorruptible and independent electoral commission which can conduct credible, open and transparent elections whose outcome reflects the will of the people going to the polls and therefore avoid all these bitter disputes and moments of great anxiety and conflict.

We are now less than 3 hours away from the Supreme Court rendering an historic decision in the petition by Prime Minister Raila Odinga and AfriCog seeking to nullify the bogus results announced by the obviously compromised IEBC that Uhuru won the presidency in the March 4, 2013 election when he, in fact, did not win or even come close.

I ordinarily do not use an alarm to get up but given the odd hour it would have been in the US at the earliest time I thought the US could announce the results at home, and given the sleepless nights this week closely following events back home while trying to catch-up with other matters, I did set an alarm to wake me up.

As is not too infrequently the case, the alarm did not go off as it was not set right.

However, I was woken up with an entirely unexpected means and that’s waking up to a song playing in my mind and the song was “By the Rivers of Babylon” by Boney M.

I immediately woke up and dashed downstairs to my office to find out whether I had slept away during the most historic moment of our time but fortunately, it was only just after 7am Kenya time and the Court had obviously not rendered its decision.

Knowing the justices were to give at least a 2 hour notice to the lawyers before rendering the decision and having confirmed this had not been done, I went back to sleep but this time made sure the alarm was set right for at least two hours later.

When I woke up the second time, I found myself thinking about the song that basically woke me up the first time.

This is, of course, a song many of us who were of age to appreciate music in late 70s when it was very popular know very well and still brings back memories of those days when I hear it.

I last listened to the song just a few days ago in my usual perusing through my zilizopendwas.

Now, even though I can hum some of the lyrics of the song, I have never really known in totality what the song is all about but had a general idea.

In the context of why it woke me up, I tried to ask myself is there any meaning to this?

So, to answer that question, I went to where we all go in search of answers or where others go in breathlessly trying and hoping to find dirt or unfavorable things about their enemies and that’s Google.

I wanted to know the full meaning of this song and this is what I found in a Wikipedia entry:

The song is based on the Biblical Psalm 137:1-4, a hymn expressing the yearnings of the Jewish people in exile following the Babylonian conquest of Jerusalem in 586 BC:^[1] Previously the Kingdom of Israel, after being united under Kings David and Solomon, was split in two, with the Kingdom Of Israel in the north, conquered by the Assyrians in 722 BC which caused the dispersion of 11 of the 12 tribes of Israel. The southern Kingdom of Judah (hence the name Jews), home of the tribe of Judah and part of the Tribe of Levi, was free from foreign domination until the Babylonian conquest to which Rivers Of Babylon refers.

“

By the rivers of Babylon, there we sat down, yea, we wept, when we remembered Zion… They carried us away in captivity requiring of us a song… Now how shall we sing the Lord’s song in a strange land?

”

The namesake rivers of Babylon are the Tigris and Euphrates rivers. The song also has words from Psalm 19:14:^[2]

“

Let the words of my mouth, and the meditation of my heart, be acceptable in thy sight…

”

It is one of a few pop songs whose lyrics come directly from the Bible (See also Turn! Turn! Turn! by Pete Seeger, 40 by U2, and The Lord’s Prayer by Sister Janet Mead). The melody bears a strong resemblance to “How Dry I Am“.

In the Rastafarian faith, the term “Babylon” is used for any governmental system which is either oppressive or unjust. In Jamaica, Rastafarians also use “Babylon” to refer to the police, often seen as a source of oppression because they arrest members for the use of marijuana (which is sacramental for Rastafarians). Therefore, “By the rivers of Babylon” refers to living in a repressive society and the longing for freedom, just like the Israelites in captivity. Rastafarians also identify themselves as belonging to the Twelve Tribes of Israel.

The Supreme Court decision is a test of whether we have gone past and continue to move as far away from an unjust or repressive government system or whether we have not and are headed back to that system.

This, in my view, is the meaning of my having been woken up with this song.

My hope and prayer, obviously, is that the historic decision the Supreme Court renders today pushes us further away from and not to return to the oppressive and unjust government of the past.

God bless our beloved country.

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.

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.

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.

Reliable sources tell me there have been some key players in Jubilee who have been holding on to the belief Raila’s petition has no chance and that the Supreme Court will dismiss the petition and send Raila packing for Bondo while making it possible for their man Uhuru to be sworn in as our next president.

After today’s pre-trial conference at the Supreme Court, the source tells me, the overall sense among these very same men is this case is not going anywhere near what they expected and they are basically resigned to the fact the Court will likely rule in Raila’s favor.

The source would know; s/he just communicated this to yours truly after a “postmortem” gathering near a specific posh residential place he named with some of the players.

The question is, are they going to accept and respect the ruling?

Uhuru says he will, so has Raila promised he would so there is some good news in all of this.

Asking my source the same question, she/he would only tell me “I don’t know.”

I just cannot fathom or even try to imagine a scenario where either side of the case does not accept the Supreme Court’s decision for the consequences will be dire but it’s safe to assume both sides know that as they have already signaled through their respective leaders only the most reckless of the most reckless will ignore that simple fact at their own peril for justice shall prevail in the end.

…

M,

You’re the ones crying already because you can sense it in the air as these key players do it’s only a matter of just a few days before the Supreme Court makes formal what is now widely believed and known that massive rigging took place on March 4 and after before the obviously compromised IEBC announced its bogus results that Uhuru won when he, in fact did not win not even close.

BTW do you know why IEBC is refusing to provide even the logs Cord has asked?

I already provided an answer in a previous post…think; has to do something akin to suicide.

Well, look for the SC to order the production of those logs unless in its judgment there is already more than enough evidence to prove the rigging judtifying the immediate nullification of the bogus IEBC results.

…

M,

You can say that again about us having an immense faith with the judiciary;  that we do and so do most people,  which is a good thing.

That being said, I don’t know why you’re so excited about which numbers are going to be used when all that matters is as will be confirmed tomorrow in the re-tallying that in many polling stations,  more people voted than the total number of registered voters for each of those stations.

That’s really all Cord has to prove and if the number of thrown out votes because of that discrepancy is more than 8,0000 votes–and Cord says the number is in thr the tens of thousands, then out also goes the bogus results announced by the obviously compromised IEBC that Uhuru won when he, in fact, did not win or come even close.

But there is more; there is the evidence of depression of numbers in Raila strongholds and corresponding inflation of numbers in Uhuru strongholds; provable tampering with the electronic system, including access granted to unauthorized people and worse people associated with Jubilee which there is no way on earth IEBC can explain that. ..and so on thus why this is a slam dunk for Raila and Cord in having the bogus results announced by the obviously compromised IEBC thrown out and a run-off or re-run ordered.

…

The result of the retallying of the 22 polling stations alone will determine the outcome of this case.

When Cord agents confronted IEBC with evidence of announced results that differed with presidential total from several forms 34s they had the real numbers as signed off by its agents, a fact two commissioners actually acknowledged, the Cord agents were kicked out of the tallying center and the obviously compromised IEBC went on to announce the bogus results that Uhuru won when he, in fact, did not win or even come close.

Under the law, if the total number of votes cast as announced for a particular polling station is more than the total number of registered voters for that polling station, then the votes from that polling station are thrown out and not considered for the presidential tally.

Raila and Cord need only show that to be the case and have only less than 8,000 votes tossed from Uhuru’s “win” column to have a run-off ordered.

Raila and Cord’s position is there will be tens of thousands of votes thrown out from just the 22 polling stations re-tallying has been ordered.

…

The Supreme Court has denied Raila’s application to admit into evidence an extensive affidavit of 839 pages detailing the massive rigging scheme and how it was carried out to his detriment.

This I will admit is a significant setback to be saved only by the strength of the actual evidence presented besides affidavits and in particular the results of the re-tallying of the results from the 22 polling stations the court ordered.

…

M,

No massive irregularities need be found in the recount itself; just enough evidence to show there was rigging of even one vote and the whole thing is thrown into a run-off. Cord’s position is the evidence on hand is indicative of the massive rigging that took place and is confident there will be enough votes thrown out as a result of the recount alone to negate the 8000 votes IEBC falsely claimed Uhuru went over the required threshold of 50%+1.

Even if that’s not the case, namely, even if no irregularity is found in the recounted 22 polling stations, there is still the scrutiny of all forms 34 and 36 which will certainly show the discrepancy between the numbers on those forms and what IEBC announced after cooking some of them.

This is besides the issue of depression of Raila votes and inflation of Raila votes by corresponding numbers that’s also to be proven by statistical analysis now that the forensic auditing will not occur.

…

M,

As the SC said today, it has both registers and both sides are going to argue as to which one should be used to determine whether there was any mischief, including tampering.

It’s a no brainer which register applies and that’s simply the one gazetted by IEBC as required by law and the reason IEBC is cooked becsuse that register was clearly tempered with after being gazetted.

It’s already a known fact the obviously compromised IEBC cooked numbers and this will be established not just by the recount but the scrutinizing of all Forms 34 and 36.

I have already said if the Supreme Court does not grant Raila’s petition, I’ll accept and respect the decision.

I just don’t see that happening and it’ll be some kind of a miracle if it does happen given the abundance of evidence of rigging before the court.

…

KM 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.

I earlier sent the following message to several friends I know to be on the other side of Cord, including a close friend and key adviser of Uhuru Kenyatta but have now decided to widely share it with all, especially our Jubilee friends and foes because it’s my sincere hope and prayer:

“Just a note to say as we await the unprecedented and historic decision tomorrow may we all keep in mind this is not about Raila or Uhuru but it’s about our beloved country. Whichever way the Court rules, we should all accept and move on to politically fight another day. After all; we are brothers and sisters in the eyes of our maker.”

Peace, Unity and Truth

Omwenga