Ojwang is sharp..he is able to organize and present his ideas so well that anyone against them has no ground for rebutal. Even when oloo has reason to differ with him, he fails to qualify his arguments and appears lost.
True...you never no, maybe Adam Oloo would the one who organised fake opinion polls shown by Angela Ambitho uncle to Raila who mislead Raila that is a head than Ruto.
@@georgeodhiambo598 well what about the other clauses used by chebukati still on the same constitution smh is this about the number of votes that even them commissioners signed and verified void now because the results didn't reflects their wishes? Ni wananchi huchaguana na kura sio commissioners deciding as they wish, your arguments are weak since your agents can't deny their signatures and verification approved. It's not rocket science. Even 2017 mr KEMSA aka project ya mr pandora was playing these dirty games but got nothing that's why he encouraged his goon supporters to hit the streets to create tensions ndio apate bargaining power ya kuingia handshake yenye imemkula zaidi. If he stayed out of gov Ruto ndio angepatana na hiyo wrath ya angry my kenya voters. Don't mess with their lively hood you saw the wrath mr pandora na mama vitenge faced from their own polling stations 🤣 Bungoma put the last nail in mr KEMSA's presidency 🤣
Oloo is a bully. If your point is valid, then you don’t need to be so apprehensive when it’s discussed. He’s was so on edge that at some point he took out a book to read to control himself! I mean surely, it’s a discussion but he has taken it so personally!
Prof Adams is full of emotions and this bottom up thing chocks his arguments and the only hope he has is to keep reading the constitution over and over....you can see James smart and Dr. Ojwang are wondering if this is a political analysis or a boring law class.
And the answer is NO. Any staff, employee or commissioner; individually or in a group, performing a task or duty for or on behalf of IEBC, in their official capacity is/are "the commission" right there. You are not arrested by Corporal Juma. You are arrested by "the police."
@@msemakweli133 Almost but not quite correct. The law envisaged such "imaginary conundrums" and specified how the commission may make policy and operational decisions. Agents, staff, employees, etc of the commission have operational delegation of authority from the commission giving them latitude of freedom in executing their functions. And yes "the police" may arrest a person but when the rubber meets the road, the law may compel "the police" to state which police station the arresting police came from. Indeed they may be compelled to receal the name and the person of "the police" that carried out the arrest. And if the police officers were within their area of jurisdiction.
@@georgeodhiambo598 Absolutely! And that is why the burden is on the accusers to prove, not merely allege, that Chebukati exceeded his mandate. Hard core evidence, not opinions, that "the commission", in this instance, means "a majority of commissioners, taking a vote" (on what they THINK, 'we the people' were saying!) Good luck with that.
@@msemakweli133 But outside court we can test our brains and debate as we while away time. The petitioner will try to prove while the respondents will try to defend their actions. That does not stop us from engaging in serious intellectual discourse, does it?
They are collectively RESPONSIBLE for tallying and verification of the results. As a commission, the law guides them on how they should meet and collectively agree on issues they come across. It is spelt out in law. Whether they choose to use their staff through a process of delegation of authority or they choose to personally verify and tally the results is up to them. What the law demands of them as a body corporate is for them to be RESPONSIBLE for the result of such an exercise. They can't shift that RESPONSIBILITY to anyone else They can choose to assume responsibility "because Chairman amesema"! Alternatively they can also choose to have a plenary as a commission through which they assume RESPONSIBILITY for what the Chairman declares!
Prof Ojwang' if it's about the people's will, the question is, can one man run the commission as personal property? Is the chairperson the Commission? True, the results in 34A are final and no one can change them. However, the Commission as a whole must certify the final results are a true reflection of forms 34A. If we go by Prof Ojwang's argument, we would arrive at a ridiculous verdict that the other 6 commissioners have no role at all in IEBC.
@@globalcitizen1138 Are you assuming that Commission's chairman is beyond reproach? The electoral decisions he takes are binding on the Commission too. When he is sued, as he has been sued now, then IEBC is named as the first respondent and Chebukati in his capacity as the NRO is the second respondent! Therefore it makes sense that the Commission should take ownership of what Chebukati declares on its behalf.
There's nothing to agree 💯 on the votes at the polling station are final and the likes of Cherera were involved in the verification process actually she read the most of the results. The law leaves no loophole and that's why it mandates the chair to announce the winner which is not a matter of consultations but guided by the total tally from the polling stations. It's totally evident the four rogue commissioners were out to subvert the constitution
How announcing results is the one making you people say that chebukati did what law says I know Raila wants to be constitutional crisis coz he benefits from wars and crisis but it will not happen again. Let him go it's not a must for him to be president for Kenya to move on
@@reubengitagia115 It is not a must for anyone to be the President, nor is it a must to use unorthodox and illegitimate tools to block anyone from being the President. Your logic falls flat on its face. It is also not a must for public bodies to engage in activities that fall short of expectations.
Oloo the four commissioners had known who is the winner and because they lied on Asimiyo that why they moved out at the last minute and let oloo know Asimiyo were pushing chepckurt to reach at Monday night at am so much that every could be nurllflied everythin
Kenya ni Funny we are ready to defend something with irregularities honestly we will never have a Corruption free Country hio itaendelea and After this Election kama hakuna openeness we will never have a free and fair Country
Attack on the commission will not change that Kenyan do not want Raila or kalonzo has their leaders period. Raila and kalonzo continue to enjoy lots of tax payers money on their retirement packages every month. They should want no more but serve in many capacities available in the country
The good Dr Ducan, was struggling to defend the indefensible! Not once did he quote or refer to the law to buffer his lengthy hollow narrations!Good job professor Oloo!
Ya commissioners falls under tallying and verifying. That's what the law states. Do you understand? You may also take it a little further and update yourself on how the Commission as a body corporate is guided by law on how to arrive at decisions.
Slow like tortoise cox of shock 😲 we had system we had president 😲 we had matiangi 😲 had macharia whole media😲 we had moi media 😲 we had 4 uhuraila dogs🐕🦺🐕🦺🐕🦺🐕🦺 😲...how 😲 😮 😲 ???? Hahahhahaha🤣🤣🤣🤣🤣oh I forgot we had deep state too!!! 😲 uhuru too is shocked 😲 all them are in slow motion now hahhahhahah🤣🤣🤣🤣🤣4 uhuraila dogs🐕🦺🐕🦺🐕🦺🐕🦺 think 0.01 is 142000 hahhahhaa
I have been listening to Ojwang for quite sometime, His argument is mainly based on the premise that the commissioners have tallied and VERIFIED the election THEN there is no way the FOUR commissioners would be influencial in any decision making since the MATHEMATICS has been accounted for and verified. This new case from the commissioners is absolutely unique to the point where the commissioners site two reasons why the process was OPAQUE. ONE-They were not allowed to verify the results. TWO-The final results tally was tallied and announced by Chebukati alone without the assistance of the commissioners. The question to ask Chebukati is,why were the other commissioners constitutionally allowed to be there if they did not or were barred from taking part in this last section of the electoral process? Professor Ojwang is trying to bully his point through by willingly blinding himself from the other points. I have been listening to him this past week and he has been dying on this point.
First it's iebc the last c is commission.. Not commissioners.. So if the commission must tally and verify its the secretariat of iebc.. The chairman and the commissioners only work is supervise and veify that the firms 34a tally well with 43c and B .. Its just law of maths no discussions for them
@@anthonyrono8607 The first entry in your logic and argument is absolutely poor. The fact that the commissioners witnessed the numbers and did not agree with the numbers is going to play a huge rule in the supreme court. This is the first time this has ever happened in Kenyan Politics. IF there reasons are valid then their testament is going to have weight, IF invalid then there is no weight in it and Chebukati will be absolutely protected by the Law. Until that day comes,we will have to wait for their testaments.
Edgar, these guy's were not burred from tallying. I think they disowned the results at that point that they realized that Azimio, their favorite party was losing. Actually, Cherera had been working for ODM before she was appointed to the iebc.
@@jeanblessed2762 The Azimio can use the same logic when dealing with Chebukati you know? That’s why my whole argument in this,we are just having a perspective based on which political inclination we will have.Chebukati is a hero to the Kenya kwanza Camp and Chebukati is a devil to the Azimio camp. The Supreme Court the highest judicial body in the country is going to squeeze the truth from both side and finally we will know the truth. It’s my personal principal to always stand on the basis of scientific reason and any other way of reaching a conclusion is a futile process with experience and observation. I am just as lost as you,I am not afraid to admit that.
I never heard azimio mention that they won elections on 9th and by how many votes. They were only inciting people but we are sorry maisha ni ngumu mtu apambane kivyake
Dr. Ojwang has never been a Judge in any court in Kenya. He is not even an advocate of the High Court. The "other Ojwang" you are referring to is Prof. Ojwang. He was a Judge of Supreme Court but has since retired. Those are 2 very different "Ojwang's"!
You know nothing. Next time, learn to sit down quietly and attentively when Prof. Oloo is speaking. Cliches are cliches and glitches are glitches. Let me give you the meaning of both words! A cliche refers to a phrase or a combination of words that was once striking and effective but which have become stale and hackneyed through overuse. It may also mean an overused idea or image. Thirdly it could apply to a stereotype. A glitch on the other hand refers to a sudden brief irregularity or failure to function as may be encountered in equipment malfunction. Both words exist and they have different meanings. Prof. Oloo said "cliche" and that's what he meant. Hiyo yako ya "glitches" peleka kwenu! It can't fit into the context of Prof. Oloo's statement!
Oloo,Eventually your Own Raila was Preaching Bottom Up.Secondly ,you are insulting Voters. At the bottom,is the Ordinary Kenyan Hustler who wants to go uo the ladder.
I think the luo with his English is just but showing the world how shallow he understands the law though a lawyer. Oloo is right by letting the world know the reasons for choosing seven commissioners and not one. If you say they have no meaning in making any decision you're poor in your understanding of the law, otherwise better tell us us chebukati has powers to pick any figure put in the system and announce
commissioners don't make the decision of who is to be the winner, the decision was made far from the polling stations by the electorates on 9th Aug.2022. The chair just differed with them on moderating the peoples verdict and decided to do what the constitution required him to do. Pick a calculator, add them up and give the way they are. The commissioners have no business of owning them, they just have to take the people's will from the polling station and allow the Chebukati to do his constitutional duty of announcing the winner after doing the maths. Just simple. They all new the winner from 10th only they were verifying them. Their is nothing like opaque in mathematics, its simply numbers and the signs(-,+,/,*) period.
This Adams Oloo guy is emotional, proud,arrogant and these are the people who misled Raila into believing he would win with fake analysis and opinion polls. They then come back on national tv trying to argue but end up looking dumb
Dr. Ojwang is a lawyer but he is yet to qualify as an advocate. He cannot appear in court to argue any case on behalf of another person. He is not an advocate.
Unfortunately the interviewer is way below par. Making this interview look like an agenda. I wish the interviewer came clearly showing what the law says. We need to educate Kenyans more as media no matter who wins, to keep emotions at bay.
That old guy is always shivering when talking eiiish so irritating! Am not politically astute but let me say this having so many old people around you if you are a leader who is also old in this era is a recipe for loosing! If you know you know
How old is he? How many years of age if I may ask? Perhaps you could also advise on the age of the "young guy"! I don't think it costs much to refer to people by their names. If you have watched the clip then you ought to know their names. If you don't know their names, then you have probably not watched the clip.
Who said he is a Professor? He is Ph.D holder in law and is currently the Dean of Faculty of Law at Nazarene University. He is professionally competent to discuss matters touching on law.
@@georgeodhiambo598 You know other people's profile than your own work on yourself bwana wacha cheerleading the fact is he so basic in his arguments no wonder Nazarene University an upgraded highschool.
