Kenya Election: How IEBC CEO explained what was legally required for electronic Results Transmission and how KIEMS was to meet requirement

"IEBC's high-tech system to guard against ballot stuffing" The Standard July 22, 2017 The Independent Electoral and Boundaries Commission (IEBC) has assured that the integrity of the August 8 election has been guaranteed through tamper-proof technology. The Kenya Integrated Elections…

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Election Litigation in Kenya: What is status of preservation and sharing of forensic evidence from KIEMS on Results Transmission? [update 25 Aug]

Short answer is people involved are extremely quiet on this front. [UPDATE:  Good news!  U.S. Ambassador Robert Godec spoke yesterday at the annual National Conference of the Law Society of Kenya.  The text of his remarks is here.  Based on…

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Will Kamlesh Pattni’s court victory encourage Uhuru and Ruto on ICC cases?

"Magnate"

Obviously this is an irreverent question, and not the sort of thing that could be countenanced in academia or in diplomatic circles. But I just couldn’t help myself since I write about practical realities in politics and governance here, while watching the podcast of Maina Kiai and Joel Barkan discussing the “Implications of the Kenyan Election” @NED and a question from the audience has inquired about the latest Pattni ruling.

Last week we learned that Kamlesh “Paul” Pattni, one of Kenya’s wealthiest “men of business” (not like Uhuru, apparently, but very wealthy) had been the beneficiary of a big legal breakthrough as the media reported that High Court Justice Joseph Mbalu Mutava had ruled back in March that Pattni could not be prosecuted in the trial courts for the notorious Goldenberg corruption scandal.

“Judge defiant after clearing Pattni of Goldenberg scam”

The judge also observed that the report by Commission of Inquiry chaired by former Court of Appeal judge Samuel Bosire on the scandal on which the existing criminal case was anchored is flawed and that most witnesses had died or their memories have faded.

Pattni moved to the High Court in August last year seeking to quash the criminal proceedings at the magistrate’s court and stop the State from further criminal prosecution on the scandal estimated to have cost Kenya billions of shillings.

On Pattni’s prayer that the media be barred from reporting on the case, the judge said that the court could only intervene to set parameters of reporting to protect someone’s rights.

Last November, Justice Mutava’s conduct was put to question in a petition filed against him by Havi and Company Advocates on behalf of the International Centre for Policy and Conflict (ICPC). It sought to have the judge removed from office over his handling of the Pattni cases.

ICPC had argued that the whole matter had not been handled through the correct procedure and some court orders made were outside of the law.

The petitioner had faulted the judge’s handling of the case and accused him of being part of “an orchestrated cover-up to aid and abet Pattni’s criminal conduct”.

Justice Mutava was later transferred to Kericho from where he wrote the controversial judgment on Mr Pattni’ application for the case to be scrapped.

(more…)

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“Media Zombie” stirs as Kenyan legal process moves forward [updated]

[Update: here is the Sunday Standard, "How Raila's poll petition may change the whole game"] "The many questions IEBC needs to clear with Kenyans over elections." The Saturday Nation The "media zombie" awakes with a recitation of damning basic questions…

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