Jubilee wants SCOK to set aside its decision

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vooke
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Jubilee wants SCOK to set aside its decision

Unread post by vooke » Sat Sep 23, 2017 11:25 pm

Poor Jubilidiot
Lawyer Charles Kanjama asked the current Supreme Court to review its own decision in the matter of Fredrick Otieno Outa vs Jared Odoyo and three others in petition number 6 of 2014.

The Court made a Novel and weighty decision...

It effectively ruled that it had powers, in exceptional circumstances, to review its own decisions.

I attach excerpts of their argument.

Two key statements

1. There is no injustice that the constitution of Kenya is powerless to redress

2. All courts except the Supreme Court are bound by decisions of The Supreme Court

As I said here, It is NOT over till it's over...

Source

Image

How it works out
Njoki’s dissenting opinion suggests the judgement was based on deceit
Deceit is sufficient ground for SCOK to set aside its decision


The famous decision where SCOK lacked sufficient ground to set aside its decision but they reckoned it was possible
[92] aking into account the edicts and values embodied in Chapter 10 of our Constitution, we hold that as a general rule, the Supreme Court has no jurisdiction to sit on appeal over its own decisions, nor to review its decisions, other than in the manner already stated in paragraph (90) above. However, in exercise of its inherent powers, this Court may, upon application by a party, or on its own motion, review, any of its Judgments, Rulings or Orders, in exceptional circumstances, so as to meet the ends of justice. Such circumstances shall be limited to situations where:
(i) the Judgment, Ruling, or Order, is obtained, by fraud or deceit;
(ii) the Judgment, Ruling, or Order, is a nullity, such as, when the Court itself was not competent;
(iii) the Court was misled into giving Judgment, Ruling or Order, under a mistaken belief that the parties had consented thereto;
(iv) the Judgment or Ruling, was rendered, on the basis of a repealed law, or as a result of , a deliberately concealed statutory provision.
http://kenyalaw.org/caselaw/cases/export/131766/pdf
"No warrior entangleth himself with the affairs of this life; that he may please him who hath chosen him to be a soldier." (2 Timothy 2:4)..

Garlic
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Re: Jubilee wants SCOK to set aside its decision

Unread post by Garlic » Sun Sep 24, 2017 12:30 am

" the Judgment, Ruling, or Order, is obtained, by fraud or deceit"

Vooke in the light of what is now known that actually Ngatia made an application im court that the Judges should review Registrar Report on their own since it contained errors, in the light of Justice Ndungu revelation and you being internet savvy that you can easily research alleged "fake forms within IEBC website and in the light of Majority Judgment that heavily relied on the alleged anomalies in the forms to reach their conclusions, what exactly is your personal stand or opinion?

Do you think the Majority of SC reached their conclusion based on fraud or deceit?

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Pamba
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Re: Jubilee wants SCOK to set aside its decision

Unread post by Pamba » Sun Sep 24, 2017 1:29 am

Njoki's dissenting opinion cannot be used to overturn a ruling...
The score will still be 4-2
“Bomet is not Kabete where ‘Baba Yao’ (Waititu) won the seat on a JAP ticket.” (Isaac Ruto, 2015) :mrgreen: :mrgreen:

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Re: Jubilee wants SCOK to set aside its decision

Unread post by Garlic » Sun Sep 24, 2017 1:32 am

You are obsessed with Njoki for nothing. Turned out her observations had been raised in court. Besides its easy to check those forms once more and find out who is lying.
Even if the score remains, let the truth be highlighted.

Pamba wrote:
Sun Sep 24, 2017 1:29 am
Njoki's dissenting opinion cannot be used to overturn a ruling...
The score will still be 4-2

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NattyDread
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Re: Jubilee wants SCOK to set aside its decision

Unread post by NattyDread » Sun Sep 24, 2017 2:03 am

All possible adverse reasons apply!!
(i) the Judgment, Ruling, or Order, is obtained, by fraud or deceit;
(ii) the Judgment, Ruling, or Order, is a nullity, such as, when the Court itself was not competent;
(iii) the Court was misled into giving Judgment, Ruling or Order, under a mistaken belief that the parties had consented thereto;
(iv) the Judgment or Ruling, was rendered, on the basis of a repealed law, or as a result of , a deliberately concealed statutory provision.
:lol: :lol: :lol: I can see Smokin Wanjala reading this before the full reading and suddenly discovering urgent businss in London.
:evil: JaKuon Slayer Extraordinaire :twisted:

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NattyDread
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Re: Jubilee wants SCOK to set aside its decision

Unread post by NattyDread » Sun Sep 24, 2017 2:06 am

Garlic wrote:
Sun Sep 24, 2017 1:32 am
You are obsessed with Njoki for nothing. Turned out her observations had been raised in court. Besides its easy to check those forms once more and find out who is lying.
Even if the score remains, let the truth be highlighted.
Garlic,

Funika hicho kinanda. Not worth your valuable time.
:evil: JaKuon Slayer Extraordinaire :twisted:

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Pamba
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Re: Jubilee wants SCOK to set aside its decision

Unread post by Pamba » Sun Sep 24, 2017 2:27 am

The current Jubilee stratagem relies heavily on the door Njoki opened through her dissenting opinion. It's her dissenting opinion that has been used to go after other judges and the court registrar. Its her opinion that is being used by jubilee operatives to validate a sham election.
Garlic wrote:
Sun Sep 24, 2017 1:32 am
You are obsessed with Njoki for nothing. Turned out her observations had been raised in court. Besides its easy to check those forms once more and find out who is lying.
Even if the score remains, let the truth be highlighted.

Pamba wrote:
Sun Sep 24, 2017 1:29 am
Njoki's dissenting opinion cannot be used to overturn a ruling...
The score will still be 4-2
“Bomet is not Kabete where ‘Baba Yao’ (Waititu) won the seat on a JAP ticket.” (Isaac Ruto, 2015) :mrgreen: :mrgreen:

obienga
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Re: Jubilee wants SCOK to set aside its decision

Unread post by obienga » Sun Sep 24, 2017 7:50 am

NattyDread wrote:
Sun Sep 24, 2017 2:06 am
Garlic wrote:
Sun Sep 24, 2017 1:32 am
You are obsessed with Njoki for nothing. Turned out her observations had been raised in court. Besides its easy to check those forms once more and find out who is lying.
Even if the score remains, let the truth be highlighted.
Garlic,

Funika hicho kinanda. Not worth your valuable time.
Ditto, kinanda is oxygen to trolls.

YellowOne
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Re: Jubilee wants SCOK to set aside its decision

Unread post by YellowOne » Sun Sep 24, 2017 10:20 am

have been itching to tell garlic this.
NattyDread wrote:
Sun Sep 24, 2017 2:06 am
Garlic wrote:
Sun Sep 24, 2017 1:32 am
You are obsessed with Njoki for nothing. Turned out her observations had been raised in court. Besides its easy to check those forms once more and find out who is lying.
Even if the score remains, let the truth be highlighted.
Garlic,

Funika hicho kinanda. Not worth your valuable time.
`/ [- |_ |_ () \/\/ () |\| [-

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vooke
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Re: Jubilee wants SCOK to set aside its decision

Unread post by vooke » Sun Sep 24, 2017 2:14 pm

Socialite is quite shallow


Lawyer Donald K. Kipkorir

"Three Ways That Supreme Court Judgment Can Be Changed

Once Supreme Court has delivered its judgment, the matter is over and closed. The decision becomes binding on all Courts below without debate. If the Supreme Court said IEBC conducted the polls unlawfully, irregularly and illegally, then the High Courts and Magistrate Courts will have no room to wriggle.

The decision of the Supreme Court can only be overturned in three ways:

1. If the part of the judgment touch on Statutes only, like the Elections Act, Parliament can amend the law to comply with the judgment or to change that process. This amendment is prospective, not ex post facto. The Amendments will apply in 2022 Elections. The fresh Elections between UK and RAO will use existing laws. You don't change rules if a game is a repeat.

2. If the judgment touched on Constitutional issues , or to curtail powers of Supreme Court, then you deal with it by National Referendum. And Referendum process is long, complicated, divisive and expensive.

3. Last way is by the Supreme Court reversing itself in future decisions. There is no room for review of Supreme Court decisions. They are never reviewed. The Court is however allowed to change its mind in 2022. It can't change its mind now. To advise Jubilee that it can review the judgment is a fool's errand.

PS. Any Statute or Statutory Amendment that violates the Constitution is void."
"No warrior entangleth himself with the affairs of this life; that he may please him who hath chosen him to be a soldier." (2 Timothy 2:4)..

obienga
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Re: Jubilee wants SCOK to set aside its decision

Unread post by obienga » Mon Sep 25, 2017 12:51 pm

Image
Image
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NattyDread
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Re: Jubilee wants SCOK to set aside its decision

Unread post by NattyDread » Mon Sep 25, 2017 1:12 pm

obienga wrote:
Mon Sep 25, 2017 12:51 pm
Image
obienga,

Hata bila certs, the underachievers were quite evident on that bench.
:evil: JaKuon Slayer Extraordinaire :twisted:

obienga
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Re: Jubilee wants SCOK to set aside its decision

Unread post by obienga » Mon Sep 25, 2017 8:40 pm

NattyDread wrote:
Mon Sep 25, 2017 1:12 pm
obienga wrote:
Mon Sep 25, 2017 12:51 pm
obienga,

Hata bila certs, the underachievers were quite evident on that bench.
NattyDread,

It is as clear as daylight but we can only look at who is at the JSC to understand how they would arrive at such a selection.

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Pamba
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Re: Jubilee wants SCOK to set aside its decision

Unread post by Pamba » Tue Sep 26, 2017 1:06 am

Where do the underachievers feature?

Image
obienga wrote:
Mon Sep 25, 2017 8:40 pm
NattyDread wrote:
Mon Sep 25, 2017 1:12 pm
obienga wrote:
Mon Sep 25, 2017 12:51 pm
obienga,

Hata bila certs, the underachievers were quite evident on that bench.
NattyDread,

It is as clear as daylight but we can only look at who is at the JSC to understand how they would arrive at such a selection.
“Bomet is not Kabete where ‘Baba Yao’ (Waititu) won the seat on a JAP ticket.” (Isaac Ruto, 2015) :mrgreen: :mrgreen:

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vooke
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Re: Jubilee wants SCOK to set aside its decision

Unread post by vooke » Tue Sep 26, 2017 1:09 am

Jubilidiot now onto college grades?
"No warrior entangleth himself with the affairs of this life; that he may please him who hath chosen him to be a soldier." (2 Timothy 2:4)..

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