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VIDEO: Epic Kenyan poll ruling to be made before sunset Friday in line with Judge Maraga’s SDA faith

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Kenyans will on Friday be eagerly awaiting the verdict of the Supreme Court on whether President Uhuru Kenyatta’s win in the August 8 elections was valid.

Although they did not indicate what time they will deliver their decision, the justices, led by Chief Justice David Maraga, said they will notify lawyers and the public on the time.

But Mr Maraga, as a Seventh-day Adventist adherent and also president of the court, will ensure that the decision is made before sunset, when Sabbath starts.

Independent Electoral and Boundaries Commission chairman Wafula Chebukati declared President Kenyatta winner of the election on August 11, announcing that the incumbent had garnered 8,223,163 against his closest rival Raila Odinga’s 6,822,812.

The judges can dismiss the petition altogether, meaning that President Kenyatta would be deemed duly elected, or they can declare the poll invalid, sending Kenyans back to the ballot in two months.

REJECTED VOTES

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The rejected votes will play a key role in deciding whether President Kenyatta met the threshold of 50 per cent plus one vote.

However, Mr Odinga, of the National Super Alliance, contests the win, arguing that the poll was marred by massive irregularities and inconsistencies.

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He says there were “grave inaccuracies” that were either as a result of negligence by, or the willful intention of, the IEBC.

The Nasa leader argues that the poll agency adopted “a consistent pattern of increasing” President Kenyatta’s figures but reducing his votes.

Among the issues the seven judges will be grappling with are whether there were irregularities in the poll and, if so, whether they were massive enough to annul the results.

ATTORNEY GENERAL

In his submissions in court, Attorney-General Githu Muigai said that “the threshold required to disturb the election is such that the evidence has to disclose profound irregularities in the management of the electoral process”.

Whereas President Kenyatta, through lawyers Ahmednasir Abdullahi and Fred Ngatia, says that a voter should not be punished for the mistakes of poll officials, Mr Odinga argues that the process should have been “clean”.

Mr Abdullahi said that in 99 per cent of the cases, the court can only invalidate a presidential election on the transgressions of the voter.

He added that were the petition to succeed, the court would have to find that the 15 million Kenyans who voted on August 8 do not count.

OVERTURN JUDGEMENT

The issue of rejected votes was brought back to court once again as Mr Odinga pleaded with the court to revisit the matter. During the 2013 election petition, it was argued that a ballot paper once rejected, or declared void by law, is incapable of expressing any preference for or against a candidate.

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The rejected vote is, therefore, invalid and cannot be introduced into the percentage-vote tallying process.

Arguing for the dismissal of this prayer, Mr Ngatia said nothing had changed to convince the court to overturn the 2013 judgment.

“Rejected votes cannot be taken into account in the final tally. It is a point we argued in 2013 and nothing has changed to make us depart from it. There should be uniformity in the judgments of the court,” Mr Ngatia said.

DISPARITIES

Another matter the judges will be grappling with is the different sets of results and disparities in votes between presidential, gubernatorial and senatorial seats

Mr Odinga, through his lawyers, submitted in court that the IEBC released five sets of rejected votes, casting doubts on the validity of the final outcome of the presidential result.

Although the electoral body termed the numbers “mere statistics”, Mr Otiende Amollo, for Nasa, said it cannot be true, arguing that the results in all the platforms should be similar.

CONSTITUTION

The judges will also be deciding whether to depart from the 2013 decision on the interpretation of the Constitution.

Nasa also claimed that scrutiny of the results forms revealed irregularities, with a number of them not bearing the commission’s stamp or watermarks, or were unsigned or missing serial marks.

READ ALSO:   BREAKING NEWS: Kenya's High court extends period for party primaries until May 1st despite protest from IEBC

In the 2013 presidential petition, the Supreme Court dismissed the case, saying the evidence brought before them failed to prove the alleged irregularities.

-nation.co.ke

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BREAKING: Legendary jazz musician Oliver Mtukudzi has died

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Veteran jazz musician Oliver Mtukudzi has died, TshisaLIVE can confirm.

Mtukudzi’s record label Gallo Records confirmed the news on Wednesday afternoon but said there were no details available.

The musician’s family is set to release a statement later this afternoon.

An outpouring of tributes has already flooded social media.

During an interview with TshisaLIVE a year ago, Mtukudzi spoke about his excitement of releasing his 67th album.

He said the most significant thing about his upcoming album, Hanya’Ga (Concern) was the message.

“My 67th album is meant to share a message of introspecting and I’m hoping people learn a thing or two from it. It’s an album I wrote last year after I realised that the world keeps getting tangled up in ‘unnecessary’ problems.

“All because we are focused on competing and being better than the next person. In so doing we keep stepping on each other’s toes but that is not how God created us. God meant for us to compliment each other, that’s why he didn’t duplicate talent,” he said at the time.

Source: www.timeslive.co.za

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FBI agents arrest three Kenyans in US over links to Isis

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Three Kenyans were on Tuesday arrested in the United States for their links to terror group Islamic State of Iraq and al-Sham (ISIS).

The three were nabbed by Federal Bureau of Investigations (FBI) agents. They were identified as Mohamed Salat Haji, Mohamud Abdikadir Muse and Muse Abdikadir Muse.

The three were arrested in Lansing, Michigan. They are said to have pledged allegiance to the Islamic state.

Mr Muse Abdikadir Muse was nabbed while on transit to Somalia.

“He was checking in for a flight on his way to Mogadishu, Somalia when he was arrested,” a statement by the FBI released on Tuesday stated.

Mr Muse Abdikadir Muse had earlier this month purchased air tickets to travel from the Gerald R. Ford Airport in Michigan.

CO-CONSPIRATORS

The US Department of Justice said his other two friends, described as co-conspirators, had assisted him in getting the ticket.

“They aided in the purchase of the ticket and drove Muse Abdikadir Muse to the Grand Rapids airport, each knowing the true purpose of the travel was for Muse Muse to join and fight for ISIS,” read the statement.

According to the FBI, the three recorded videos pledging allegiance to the group where they narrated their desire “to kill non-believers, and even to potentially use a car for a martyrdom operation to run down non-believers in the USA.”

READ ALSO:   LIVE TV: A date with destiny? How Nkaissery collapsed in his house - Tracing the last moments

Despite their arrest, the American Government is yet to find them guilty of the charges.

Their arrest comes exactly a week after terrorists led by a Kenyan identified as Salim Gichunge attacked dusitD2 hotel and killed 21 people.\

NairobiNews

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‘Please help me return home,’ Kenyan legend runner living in the US pleads

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BY OLIVIA MUNGWANA

Kenyan distance running legend Henry Rono a broken man. He has been living in the United States of America for the last 32 years, in Albuquerque, New Mexico.

Rono who is now 66, on Tuesday reached out to Nation Sport and sent a passionate appeal:

“I wants a ticket back home, please.”

“Yes, I would like the government to help me get back home by getting me a ticket… I can’t afford living in the USA. I’m getting old… Also, being away from home for over 32 years is too long,” added the legend.

The legend is currently a security guard at the Albuquerque airport.

“Yes, I did retire, but these other jobs are stressful and I’m too old,” he said. “Like now, I’m sick from working hard. Many of my fellow Kenyans are dying from stressful hard working jobs,” said Rono, who was given a lifetime achievement award by the International Association of Athletics Federations in 2008.

“I have been given another award in Belgrade but I’m able to attend because of stressful work. Like now, I’m in the bed and I’m unwell.”

But Rono’s daughter Maureen confirmed she had spoken to the legend, and that he has been unwell since last week. “He has been coughing for the last week, and I’ve been in touch with him. If he asked you to send out an appeal for help, you can go ahead and publish,” she said.

READ ALSO:   LIVE TV: A date with destiny? How Nkaissery collapsed in his house - Tracing the last moments

Athletics Kenya President Jack Tuwei, meanwhile, said his association would be ready to help the legend.

“He did a lot for this country and we can’t fail to get help for him,” said Tuwei. “We need information such as costs of tickets, who he could be travelling with and other details, and then see how we can support.”

The Washington State University star alumnus had taken up coaching after his running career, this after alcoholism dented the highlight years of his spell that saw him shatter world records in the 3,000 metres (seven minutes, 32.1 seconds), 5,000 metres (13:08.4), 3,000 metres steeplechase (8:05.04) and 10,000 metres (27:22.47), all within 81 days across USA (California and Seattle) and Europe (Vienna and Oslo).

Source: nation.co.ke

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