Dissenting Opinion Detailed Forms Analysis - Njoki SCJ

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obienga
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Re: Dissenting Opinion Detailed Forms Analysis - Njoki SCJ

Unread post by obienga » Wed Sep 20, 2017 3:25 pm

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Re: Dissenting Opinion Detailed Forms Analysis - Njoki SCJ

Unread post by obienga » Wed Sep 20, 2017 3:25 pm

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obienga
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Re: Dissenting Opinion Detailed Forms Analysis - Njoki SCJ

Unread post by obienga » Wed Sep 20, 2017 3:25 pm

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Re: Dissenting Opinion Detailed Forms Analysis - Njoki SCJ

Unread post by obienga » Wed Sep 20, 2017 3:35 pm

Indeed yes, it goes to show that out of all the judges, only two really went above and beyond their call of duty with the seriousness deserving a matter of national importance. If lying under oath is punishable by the court Nyangusi should be made pay for this travesty of justice and punished judicially. If he is employed as a researcher anywhere he should be blacklisted by any self respecting institution. Any publications he makes should be rejected by any academic journal. He is another economic quack, medical doctor and an advisor to the governor of the county of the most claimed irregularities. I fear for his patients, fraudsters should not be allowed to practice medicine.
1. THAT I am a Kenyan Citizen and a medical doctor by Profession. I have a PostGraduateDiploma in Research Methods, a Masters in Project Management and Planning and a Second Masters in Economic Policy and Analysis.
2. THAT I am currently the economic advisor to the current Governor of Mombasa County Government.
She sprung a surprise that no one saw coming. Next will be the hand of the Registrar of the Supreme Court. How did these shenanigans happen on her watch and supervision.. The judiciary's credibility is at risk and they will have to clean up or Kenyans will clean it up for them. The Nation has a good summary. Her opinion has essentially sunk any hopes of the ruling being precedent setting in any other jurisdiction outside Kenya. One need only bring her opinion and Ojuang's to impeach its reliability. It is imperative that Parliament acts on behalf of the people and cures the cancer before it spreads.
Energizer wrote:
Wed Sep 20, 2017 3:23 pm
She did an excellent job physically examining the 290 form 34As and Bs and basically dismantled NASA 'researcher' Dr Nyangusi and exposed him as a pathological liar and fraudster. Someone needs to pursue this moron.

DN has a fairly good summary of her overall findings:

http://mobile.nation.co.ke/news/-Njoki- ... index.html

Many underestimated this lady's intellect and common sense but it shines through and proves she deserves her place on the SC. Njoki and JB Ojwang are the anchor around whom the integrity of this crucial court must be restored by parliament. The rest as in the Wakora 4 must be removed as a matter of national security regardless of the political cost...they are toxic poison.
Last edited by obienga on Wed Sep 20, 2017 3:48 pm, edited 2 times in total.

obienga
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Re: Dissenting Opinion Detailed Forms Analysis - Njoki SCJ

Unread post by obienga » Wed Sep 20, 2017 3:39 pm

Justice Njoki Ndungu

The courts should not cause Jurisprudential crisis through their findings

The voter bears the right of franchise

Elections are ‘RIGHTS- centric' not ‘FORM-centric'

You have the Various verifying agents

a) IEBC
b) Party
c) Candidate agents -Senators, Governors
d) Media
e) Observers - Their reports are filed with commission so they have a formal status, they found the election to be free and fair

It is insufficient for the court to say it had a doubt, the court must be satisfied by evidence before it. It must not be speculative
Regulation 68 provides the ballot paper does not provide for security features on ballot papers. (It provides it shall have name and photo of candidate, be capable to be folded, party symbol) - that does not apply for the forms

An election court must satisfy that evidence is real and not imagined in order to nullify an election

8 The ballots exist - People speak through the ballot. if Majority were in doubt that should have been the option

9 “The ballots are alive and available when you have to overturn a decision do not result to forensic guesses - why avoid the obvious and settle for the risky”

10 . Voters are identified at the polling station, the votes at the polling station, the Count happens at the polling station, to verify the voice of the voter you must check the vote as cast - Transmission of forms cannot be the basis for nullifying a Presidential election

12 . Transmission was intended to cure the transportation of forms to Nairobi by all 290 Returning Officers - that was a key issue in the Maina Kiai case

13 . IEBC argued in COA that the case by Maina Kiai would extinguish the power of IEBC to amend or alter the result

14 . COA ruled, "Polling Station is the true Locus for the free expression of the voters will.."

15 . COA - ruled that the role of the chairman of IEBC was only to tally results from constituencies, declare and forward declaration to incumbent President and CJ

16 . Did IEBC obey the Maina Kiai decision - in my view that was demonstrated in court, I am satisfied that IEBC adhered to the guidelines set by the Maina Kiai decision despite the decision coming 35 days to the elections.

17 . What is the place of Maina Kiai decision in future elections? - I disagree with Maina Kiai decision since It endorses another level of tallying at constituency and it incapacitates the iEBC chair. IEBC Chair is the returning officer of the Presidential Election.

18 . You cannot find the National threshold at the constituency. only IEBC Chair has the capacity to verify and declare a Presidential election, not the Constituency because there are other points to verify before declaring a winner of the Presidential election - for instance 25 % requirement in counties, 50+1

19 . The Constitution must be interpreted in context and must be holistic

20 . Our electoral system is MANUAL - You pick a ballot manually, you tick manually, you insert it in the box and count manually - our system is not like India or USA where it is clearly electronic. we have a system that needs clarity via legislation.

21 . The IT experts by the petitioners fail the test of Expert testimony as provided for in the Evidence Act.

22 . Whoever alleges, MUST prove

23 . The burden of proof in Election cases - the Evidential burden is borne by petitioners at the onset, however, the respondents bear the evidential burden of proof in rebutting the allegations.

24 . The Petitioner must prove that the election was NOT conducted according to the law and that affected the results of the election.

25 . However, the Legal burden lies on the Petitioner

26 . A candidate or her agent cannot abscond duty from the polling station then ask the court to overturn the election

27 . IDP payments were approved by Parliament and were within Gvt workplace and therefore nothing to do with elections

28 . I have analyzed affidavit evidence of the petitioners and respondents

29 . Orders on accèss to Information - The majority call it orders to access - In interpreting orders the court reasons must be read in whole so as to implement. For the avoidance of doubt - This court did NOT give orders for access to SERVERS

30 . Failure to have security features on the form is not FATAL

31 . The Majority had an opportunity to check the forms as deposited in the court like I did, but they did NOT

32 . When you compare Registrar report and the certified forms brought by IEBC to court the majority finding falls, I checked and that is what is called verification

33 . The alleged irregularities and illegalities must have a nexus

34 . Which circumstances are different between Raila 2013 and Raila 2017 to persuade the Majority to depart? I do not see any

35 . Parliament must clarify article 83 of the act -

36 . The Supreme Court decision to annul a presidential election does not take over rulings in lower courts

37 . The People speak through the Ballot

38 . The alleged irregularities should have checked the certified forms as provided by IEBC

39 . It is unfortunate that the majority has decided to take a decision to disfranchise the people, by making a decision based on design of forms as opposed to the decision of the electorate

40 . Judiciary must operate within its power and must prevent abuse of power

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Re: Dissenting Opinion Detailed Forms Analysis - Njoki SCJ

Unread post by Murata » Wed Sep 20, 2017 4:05 pm

While I appreciate the laid out thoughts and arguments in Justice Njoki Ndungu d3centing, I thought she was not professional in working in collaboration with her peers and gave a sense of personal gripe in her delivery. I can see what the former Chief Justice was infering to. She seemed to disregard the fact that there was a petition that was specific in nature and it's merits or demerits and instead focused more on trying to disparage her peers findings imo

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Re: Dissenting Opinion Detailed Forms Analysis - Njoki SCJ

Unread post by Energizer » Wed Sep 20, 2017 4:26 pm

Indeed...the registrar! The level of incompetence in the entire Judiciary and stench of mediocrity is overpowering....and that is how the crooks like it.
obienga wrote:
Wed Sep 20, 2017 3:35 pm
Indeed yes, it goes to show that out of all the judges, only two really went above and beyond their call of duty with the seriousness deserving a matter of national importance. If lying under oath is punishable by the court Nyangusi should be made pay for this travesty of justice and punished judicially. If he is employed as a researcher anywhere he should be blacklisted by any self respecting institution. Any publications he makes should be rejected by any academic journal. He is another economic quack, medical doctor and an advisor to the governor of the county of the most claimed irregularities. I fear for his patients, fraudsters should not be allowed to practice medicine.
1. THAT I am a Kenyan Citizen and a medical doctor by Profession. I have a PostGraduateDiploma in Research Methods, a Masters in Project Management and Planning and a Second Masters in Economic Policy and Analysis.
2. THAT I am currently the economic advisor to the current Governor of Mombasa County Government.
She sprung a surprise that no one saw coming. Next will be the hand of the Registrar of the Supreme Court. How did these shenanigans happen on her watch and supervision.. The judiciary's credibility is at risk and they will have to clean up or Kenyans will clean it up for them. The Nation has a good summary. Her opinion has essentially sunk any hopes of the ruling being precedent setting in any other jurisdiction outside Kenya. One need only bring her opinion and Ojuang's to impeach its reliability. It is imperative that Parliament acts on behalf of the people and cures the cancer before it spreads.
Energizer wrote:
Wed Sep 20, 2017 3:23 pm
She did an excellent job physically examining the 290 form 34As and Bs and basically dismantled NASA 'researcher' Dr Nyangusi and exposed him as a pathological liar and fraudster. Someone needs to pursue this moron.

DN has a fairly good summary of her overall findings:

http://mobile.nation.co.ke/news/-Njoki- ... index.html

Many underestimated this lady's intellect and common sense but it shines through and proves she deserves her place on the SC. Njoki and JB Ojwang are the anchor around whom the integrity of this crucial court must be restored by parliament. The rest as in the Wakora 4 must be removed as a matter of national security regardless of the political cost...they are toxic poison.
We believe in Kusema na Kutenda

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Re: Dissenting Opinion Detailed Forms Analysis - Njoki SCJ

Unread post by Energizer » Wed Sep 20, 2017 4:39 pm

What?? You people are just unbelievable. She was supposed to let the Maraga 4s jurisprudential incompetence pass? What was she expected to collaborate about...a coverup of the obvious mediocrity and trashing of the Supreme court's required standards?? If anything, she was thoroughly professional in exposing the weakness of the petition, compounded by the conspiratorial political 'judgement' of the Maraga 4. She defended the SCs integrity by standing her ground and not jumping into bed with the compromised sheep. Tomorrow, all this rot will be exposed in layman's language for all the nation to see by Ahmednassir and Ngatia...ngojeni tu.
Murata wrote:
Wed Sep 20, 2017 4:05 pm
While I appreciate the laid out thoughts and arguments in Justice Njoki Ndungu d3centing, I thought she was not professional in working in collaboration with her peers and gave a sense of personal gripe in her delivery. I can see what the former Chief Justice was infering to. She seemed to disregard the fact that there was a petition that was specific in nature and it's merits or demerits and instead focused more on trying to disparage her peers findings imo
We believe in Kusema na Kutenda

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Re: Dissenting Opinion Detailed Forms Analysis - Njoki SCJ

Unread post by NattyDread » Wed Sep 20, 2017 4:46 pm

Energizer wrote:
Wed Sep 20, 2017 4:39 pm
What?? You people are just unbelievable. She was supposed to let the Maraga 4s jurisprudential incompetence pass? What was she expected to collaborate about...a coverup of the obvious mediocrity and trashing of the Supreme court's required standards?? If anything, she was thoroughly professional in exposing the weakness of the petition, compounded by the conspiratorial political 'judgement' of the Maraga 4. She defended the SCs integrity by standing her ground and not jumping into bed with the compromised sheep. Tomorrow, all this rot will be exposed in layman's language for all the nation to see by Ahmednassir and Ngatia...ngojeni tu.
Murata wrote:
Wed Sep 20, 2017 4:05 pm
You cannot teach a JaKuonist principles.
:evil: JaKuon Slayer Extraordinaire :twisted:

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Re: Dissenting Opinion Detailed Forms Analysis - Njoki SCJ

Unread post by Murata » Wed Sep 20, 2017 5:15 pm

I beg to differ. She did not uphold the or defend the SC integrity instead seemed to focus on her peers arguments and attempting to discredit them which failed miserably. A complete underaprecceation of the unusual circumstances surrounding this issue like the fact that court orders were not honored. Compliance with court requests and orders is supposed to give Judges an proper insight into the case they are deliberating, she fails to account for such a precedence in her thoughts and accounts. Integrity is defending the Authority of the Court when it's requests or orders are not honored and instead responded to as 'they are sleeping' total disrespect and she saw nothing wrong with this?
Energizer wrote:
Wed Sep 20, 2017 4:39 pm
What?? You people are just unbelievable. She was supposed to let the Maraga 4s jurisprudential incompetence pass? What was she expected to collaborate about...a coverup of the obvious mediocrity and trashing of the Supreme court's required standards?? If anything, she was thoroughly professional in exposing the weakness of the petition, compounded by the conspiratorial political 'judgement' of the Maraga 4. She defended the SCs integrity by standing her ground and not jumping into bed with the compromised sheep. Tomorrow, all this rot will be exposed in layman's language for all the nation to see by Ahmednassir and Ngatia...ngojeni tu.
Murata wrote:
Wed Sep 20, 2017 4:05 pm
While I appreciate the laid out thoughts and arguments in Justice Njoki Ndungu d3centing, I thought she was not professional in working in collaboration with her peers and gave a sense of personal gripe in her delivery. I can see what the former Chief Justice was infering to. She seemed to disregard the fact that there was a petition that was specific in nature and it's merits or demerits and instead focused more on trying to disparage her peers findings imo

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Re: Dissenting Opinion Detailed Forms Analysis - Njoki SCJ

Unread post by obienga » Wed Sep 20, 2017 8:19 pm

Did you watch all hours of the proceedings or are you another Johnny come lately belting out preconceived notions and bias? Can you explain why the Maraga 4 failed to exercise verification of the evidence and which both their colleagues indicted them for entrusting all their findings to one James Orengo's allegations but not their own scrutiny and cross verification?

When it comes to public matters that are of grave national interest and impact, you do what is right for the Kenyan people not what is right for your colleagues in the coverup of a miscarriage of justice attained through the use of fraud. Justice Ojwang convincingly exposed that that the Maraga 4 did not consider the evidence on record in the manner in which it is supposed to be analysed.

Failed miserably? Then be certain to watch what unravels in the coming months, for that will be the reality of how she "failed". As for your other claims on the orders, she expounded on that, citing legal authorities from far and wide including similar cases. You cannot say someone did not comply when what is being complained about was not part of the order in the first place but was an extraneous activity that exceeded the courts orders!

Are you suggesting that she should have kept quiet about the discovery that the forms in the courts possession did that match what the registrar supervised NASWA on? Judical officers come to the court expecting the other parties to act ethically and engage in conduct reflective of an officer of the court. When one of the parties to a matter is in cahoots, engaged in the perpetration of fraud and is a beneficiary of that fraud, it behoves any ethical officer of the court to expose such travesties and miscarriages of justice whether it alters the decision or not, it is the right thing to do.
Image
Murata wrote:
Wed Sep 20, 2017 5:15 pm
I beg to differ. She did not uphold the or defend the SC integrity instead seemed to focus on her peers arguments and attempting to discredit them which failed miserably. A complete underaprecceation of the unusual circumstances surrounding this issue like the fact that court orders were not honored. Compliance with court requests and orders is supposed to give Judges an proper insight into the case they are deliberating, she fails to account for such a precedence in her thoughts and accounts. Integrity is defending the Authority of the Court when it's requests or orders are not honored and instead responded to as 'they are sleeping' total disrespect and she saw nothing wrong with this?
Energizer wrote:
Wed Sep 20, 2017 4:39 pm
What?? You people are just unbelievable. She was supposed to let the Maraga 4s jurisprudential incompetence pass? What was she expected to collaborate about...a coverup of the obvious mediocrity and trashing of the Supreme court's required standards?? If anything, she was thoroughly professional in exposing the weakness of the petition, compounded by the conspiratorial political 'judgement' of the Maraga 4. She defended the SCs integrity by standing her ground and not jumping into bed with the compromised sheep. Tomorrow, all this rot will be exposed in layman's language for all the nation to see by Ahmednassir and Ngatia...ngojeni tu.
Murata wrote:
Wed Sep 20, 2017 4:05 pm
While I appreciate the laid out thoughts and arguments in Justice Njoki Ndungu d3centing, I thought she was not professional in working in collaboration with her peers and gave a sense of personal gripe in her delivery. I can see what the former Chief Justice was infering to. She seemed to disregard the fact that there was a petition that was specific in nature and it's merits or demerits and instead focused more on trying to disparage her peers findings imo

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Re: Dissenting Opinion Detailed Forms Analysis - Njoki SCJ

Unread post by rosendo » Wed Sep 20, 2017 10:05 pm

The SC committed an illigality. They ordered the scrutiny of forms on uncertified copies and made a ruling based on a report from them without reference to the original certified copies

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Re: Dissenting Opinion Detailed Forms Analysis - Njoki SCJ

Unread post by JahKisumu » Wed Sep 20, 2017 10:30 pm

The Wakora4 just displayed their incompetence to the world. Their shallowness was so alarming because they were not partial and marred with political bias in their adjudication. It's a pity.

I have never been so embarrassed trying to explain that the 4 are actually judges let alone supreme court judges who could not even read their "own notes". Pugh!! At least Njoki and Ojwang were able to demonstrate their legal acumen with finesse; much respect to the two.
Last edited by JahKisumu on Wed Sep 20, 2017 10:43 pm, edited 1 time in total.
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Murata
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Re: Dissenting Opinion Detailed Forms Analysis - Njoki SCJ

Unread post by Murata » Wed Sep 20, 2017 10:37 pm

What is more appropriate for the future as far as the political situation in Kenya see if all the candidates can pass a higher standard of integrity in the process of elections. IEBC has a threshold to meet and exceed and that includes holding a credible and transparent election. My view is that Raila should focus on his competitors and hold them to a higher standard especially when it comes to electral malpractices, there's an opportunity there. It can also come after the election.[=obienga post_id=581477 time=1505960385 user_id=5561]
Did you watch all hours of the proceedings or are you another Johnny come lately belting out preconceived notions and bias? Can you explain why the Maraga 4 failed to exercise verification of the evidence and which both their colleagues indicted them for entrusting all their findings to one James Orengo's allegations but not their own scrutiny and cross verification?

When it comes to public matters that are of grave national interest and impact, you do what is right for the Kenyan people not what is right for your colleagues in the coverup of a miscarriage of justice attained through the use of fraud. Justice Ojwang convincingly exposed that that the Maraga 4 did not consider the evidence on record in the manner in which it is supposed to be analysed.

Failed miserably? Then be certain to watch what unravels in the coming months, for that will be the reality of how she "failed". As for your other claims on the orders, she expounded on that, citing legal authorities from far and wide including similar cases. You cannot say someone did not comply when what is being complained about was not part of the order in the first place but was an extraneous activity that exceeded the courts orders!

Are you suggesting that she should have kept quiet about the discovery that the forms in the courts possession did that match what the registrar supervised NASWA on? Judical officers come to the court expecting the other parties to act ethically and engage in conduct reflective of an officer of the court. When one of the parties to a matter is in cahoots, engaged in the perpetration of fraud and is a beneficiary of that fraud, it behoves any ethical officer of the court to expose such travesties and miscarriages of justice whether it alters the decision or not, it is the right thing to do.
Image
Murata wrote:
Wed Sep 20, 2017 5:15 pm
I beg to differ. She did not uphold the or defend the SC integrity instead seemed to focus on her peers arguments and attempting to discredit them which failed miserably. A complete underaprecceation of the unusual circumstances surrounding this issue like the fact that court orders were not honored. Compliance with court requests and orders is supposed to give Judges an proper insight into the case they are deliberating, she fails to account for such a precedence in her thoughts and accounts. Integrity is defending the Authority of the Court when it's requests or orders are not honored and instead responded to as 'they are sleeping' total disrespect and she saw nothing wrong with this?
Energizer wrote:
Wed Sep 20, 2017 4:39 pm
What?? You people are just unbelievable. She was supposed to let the Maraga 4s jurisprudential incompetence pass? What was she expected to collaborate about...a coverup of the obvious mediocrity and trashing of the Supreme court's required standards?? If anything, she was thoroughly professional in exposing the weakness of the petition, compounded by the conspiratorial political 'judgement' of the Maraga 4. She defended the SCs integrity by standing her ground and not jumping into bed with the compromised sheep. Tomorrow, all this rot will be exposed in layman's language for all the nation to see by Ahmednassir and Ngatia...ngojeni tu.

[/quote]

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Re: Dissenting Opinion Detailed Forms Analysis - Njoki SCJ

Unread post by SaltyLight » Wed Sep 20, 2017 11:21 pm

Energizer wrote:
Wed Sep 20, 2017 3:23 pm
She did an excellent job physically examining the 290 form 34As and Bs and basically dismantled NASA 'researcher' Dr Nyangusi and exposed him as a pathological liar and fraudster. Someone needs to pursue this moron.

DN has a fairly good summary of her overall findings:

http://mobile.nation.co.ke/news/-Njoki- ... index.html

Many underestimated this lady's intellect and common sense but it shines through and proves she deserves her place on the SC. Njoki and JB Ojwang are the anchor around whom the integrity of this crucial court must be restored by parliament. The rest as in the Wakora 4 must be removed as a matter of national security regardless of the political cost...they are toxic poison.
Njoki warned us about the Mongrel. I hope Parliament took note.

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