Justice Mohamed Ibrahim Lone Question to Lawyers During 2022 Kenya Presidential Election Petition Hearing

Hon. Justice Mohamed Ibrahim of the Supreme Court asked lone, yet interesting question during the siting of the 2022 Kenya Presidential Election Petition 

The lone question asked by Mohammed Ibrahim is:

1. Would you expect us to make a determination on the chaos that occurred at the National Tallying Centre and attribute blame yet the matter is not before us?

Justice Smokin Wanjala Six (6) Questions to Lawyers During 2022 Kenya Presidential Election Petition Hearing

Justice Smokin Wanjala of the Supreme Court asked Six (6) questions during the siting of the 2022 Kenya Presidential Election Petition 

The Six (6) Questions asked by Justice Smokin Wanjala are:

1. What is oversight if the commissioners are not involved?

2. What was the supplier of technology, Smartmatic International, maintaining in the elections system?

3. What was the maintenance of the server by the Venezuelan?

4. If purpose of call to Chebukati by Joseph Kinyua was to influence the decoration of results, are we to assume they (NSAC) already knew the results?

5. On the voter turnout announced by the chairman and said it would rise, how relevant is it in determining whether a candidate garnered 50% plus one.

6. When calm restored at the National Tallying centre, why didn’t the chairperson include the results of the 27 constituencies in the announcement?

Justice Njoki Ndung’u Seven (7) Questions to Lawyers During 2022 Kenya Presidential Election Petition Hearing

Justice Njoki Ndung’u of the Supreme Court asked Seven (7) questions during the siting of the 2022 Kenya Presidential Election Petition 

The Seven (7) Questions asked by Justice Njoki Ndung’u are:

1. To IEBC- You said the term commission can be used in multiple senses. How do we know which sense applies and when?

2. What happens if the IEBC chairman announces the wrong results, or becomes incapacitated or dead? Who will announce the result?

3. What is the role of the other commissioners?

4. Since the IEBC chairman is emerging as a powerful person, who checks him/her?

5. What happens when the chairperson decides to work with the CEO who is not vetted?

6. When results come for the other seats and announced or declared at constituency, how is that information transmitted to public?

7. When transmitted, are the commissioners involved or is it CEO only or it is the chairperson only involved in the declaration of the transmitted results?

Justice Isaac Lenaola Five Questions to Lawyers During 2022 Kenya Presidential Election Petition Hearing

Justice Isaac Lenaola of the Supreme Court asked Five (5) questions during the siting of the 2022 Kenya Presidential Election Petition 

The Five (5) Questions asked by Justice Isaac Lenaola are:

1. Could you speak to the qualitative and quantitative value of the numbers and what is the test to apply?

2. Why was Chebukati in a hurry to announce the presidential election results yet he had an extra day to do so, then reach to the other commissioners, arrive at a consensus and address the concerning the results from the 27 constituencies?

3. Talk about Regulation 87(3) of the Elections Act.

4. The format of the elections results Form was initially jpeg, at which point does it convert to PDF, forget the CSV.

5. What do you want the court to do about the submission that Chebukati lied about the visitation by the National Security Advisory Council?

Supreme Court Chief Justice Martha Koome's Itchy Questions to Lawyers During 2022 Kenya Presidential Election Petition Hearing

Supreme Court of Kenya President and Chief Justice Martha Koome asked six itchy questions during the siting of the 2022 Kenya Presidential Election Petition 

The six itchty questions asked by justice Martha Koome are:

1. Why did the chairperson deem it fit to allocate commissioners domestic chores leaving core business of IEBC to CEO to supervise?

2. Why were they allocated other duties as opposed to their constitutional mandate?

3. Why didn’t the chairperson tell Kenyans exactly what happened, that “we did election and we have these results but we have a dissenting voice and this is why they are dissenting”?

4. Why didn’t he explain to Kenyans where the other commissioners had gone when he was making the announcement?

5. Why was the live streaming stopped?

6. How were Forms 34As in the petitioners’ affidavits photoshopped?

Kenyan's Attorney Request As A friend Of The Court Faces Challenge

 

 Lawyer Kethi Kilonzo for AFRICOG objects to AG application citing the nature of the application, it's an election petition not Constitutional interpretation. Lawyers Katwa Kigen and Fred Ngatia have no objection to AG being enjoined in the Case.

Lawyer Oraro says an election petition cannot be termed as a civil litigation, to warrant the AG’s inclusion. However, according to ICJ, Amicus must not be a friend of the parties, only the Court. And leave (permission) or invitation of the Court must be obtained beforehand

How CORD's Petition Is Likely To Be Defeated At The Supreme Court

 

CORDs Allegations Vs Facts: By a Concerned Jubilee Supporter.

  1. Allegation: The Voters Register grew by 85,000. from 14,337,399.00 to 14,352,533.

Fact: The voter registration as at 18th December 2012 was 14,337,399.00 and from the data published by IEBC on summary of Registered voters are 14,349,896 a growth of a paltry 12,497 votes.

2. Allegation: That IEBC removed 20,000 voters from the register due to double entry resulting to voters register reducing to 14,269,752.  

Fact: Simple addition and subtraction mathematics of  14,337,399 - 20,000 = 14,317,399 and not 14,269,752. in addition CORD should be cognizant of the fact that the voters register was opened for inspection to the public for one month to correct any anomalies....and it was discovered most pple in west pokot, turkana, wajir etc had not been captured in the BVR register but were in the manual black book. This exercise was carried for one month and the anomalies leading to the addition and subtraction in all
areas the net effect yielding a net addition of 12,497 voters. looking at the affected areas county wise the leading areas where votes were added were are TURKANA (12,540)
,WEST POKOT (+13,092),TRANS NZOIA (+13,288) and many others in no pattern whatsover. its worth noting Turkana and Tranzoia were ODM strongholds. Also in most counties
voters reduced the most affected being Nairobi (-50,102), Kajiado (-10,707), HOMABAY (-5,872), MURANGA (-4,211) and many others with no pattern at all. The only pattern you can tell is that areas which are generally under developed had generally addition of voters and areas which are fairly urban and developed had there voters generally reduced.
The logic of CORD indicating that their voters were reduced and those of Uhuru is actually looking at the data i have uploaded is to say the least the reasoning of the absurd bordering on hate speech. CORD knew that legally IEBC had one month to open the Voters Register to the public for scrutiny for purposes of correction of omissions and removal
of duplicates. unless CORD is of the view that it was an illegality to clean the register i have no idea why they should be raising issues with the Voters Register. In my own assessment CORD having noticed that even in a repeat poll they are going to loose, they want the Supreme court to condemn the register so that registration can begin afresh hoping to encourage there supporters to register in large numbers.
 

3. Allegation: That the following constituencies Tiaty,laisamis,igembe central, Buri,Chuka,Lari,Kapenguria,Saboti,Turbo,Marakwet West,Bomet East, Mt. Elgon, Langata
and Aldai had the total votes cast exceeding the registered voters. 

Fact: I have painfully analysed all this connstituencis using the provisional register of 18th December 2012 and the register used on 4th march 2013 and found out in all cases there is no constituency from the above that had total votes cast exceeding the registered. This begs the question why should a lawyer make an allegation that knows very well that
it is false and the media din't even counter-check on the veracity of information given. this allegation falls flat and should be dismissed with costs B C D.

Constituency REG.18th REG.4TH CAST
B-D C-D allegation D>B Allegation
D>C
TIATY 19,960 20,469 17,950 2,010 2,519 -509 FALSE FALSE

LAISAMIS. 20,998 21,315 17,503 3,495 3,812 -317 FALSE FALSE

IGEMBE c. 53,128 56,111 49,358 3,770 6,753 -2,983 FALSE FALSE

BUURI 54,243 54,501 47,766 6,477 6,735 -258 FALSE FALSE

CHUKA 56,821 57,231 50,506 6,315 6,725 -410 FALSE FALSE

Lari 58,984 59,001 56,666 2,318  2,335 -17 FALSE FALSE

Kapenguria 37,099 41,328 36,266 833 5,062 -4,229 FALSE FALSE

Saboti 53,811 55,791 45,978 7,833 9,813 -1,980 FALSE FALSE

Turbo 87,108 87,332 73,434 13,674 13,898 -224 FALSE FALSE

Marakwet. W 39,311 36,055 32,729 6,582 3,326 3,256 FALSE FALSE

Bomet E. 41,487 41,009 37,364 4,123 3,645 478 FALSE FALSE

Mt. Elgon 50,972 49,387 44,419 6,553 4,968 1,585 FALSE FALSE

Langata 98,733 96,670 80,680 18,053 15,990 2,063 FALSE FALSE

Aldai 48,907 49,901 45,779 3,128 4,122 -994 FALSE FALSE

4. Allegation: Form 36 were used used although they were not signed.
Fact: Form 36 in aggregation of form 34. if form 34 are signed then the only mandatory fact is to confirm that the figures in form 34 have been transferred correctly to form
36.

5. Allegation: That IEBC allowed Kencall to host both TNA and IEBC Data hence TNA had access to IEBC Server and messed up the data 

Fact: This is where analog now comes into pay. its like saying since uhuru has a yahoo account then if raila has also a yahoo account then uhuru can get access to raila data. Kencall is a company offering hosting and connectivity services to anyone even cord is they want to host there server or web services there. even if you give any iota of truth to CORD allegation, voting went manual and the issue of server does not arise. 

In Summary:
The other allegations involve physical documents which I am not privy to but from the lies so far adduced b4 the supreme court. this suit should be dismissed with costs.