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  • ODM leader Raila Odinga (left) converses with Deputy President William Ruto (right) during the Jamhuri Day celebrations at Uhuru Gardens, Nairobi County on Sunday, December 12, 2021  DPPS  
  • Part of the debate around the Supreme Court presidential petition is based on key Constitutional aspects, from the role of the Independent Electoral and Boundaries Commission (IEBC) to the power of the apex court to order a recount, nullify and uphold the August 9 polls. 

    The Latin lexicon used in court will also surface, from phrases such as amicus curiae which means friend of the court to res judicata - a matter that has been judged. 

    However, prior to the court's proceeding, a debate ensued on three key terms re-run, run-off and fresh elections. The Supreme Court may order a re-run, run-off or uphold IEBC results after Azimio La Umoja flagbearer, Raila Odinga challenged President-elect William Ruto's victory.  

    Led by its president and Chief Justice, Martha Koome the highest court in Kenya is expected to issue a ruling on Monday, September 5. With the petition hearing in mind, what's the difference between a fresh Presidential Election, a re-run and a run-off? 

    Lady Justice Martha Koome (center) and the other members of the Supreme Court bench.
    Lady Justice Martha Koome (center) and the other members of the Supreme Court bench. FILE

    Lawyer Peter Kaimba explained to Kenyans.co.ke that a fresh presidential election, similar to what took place on August 9, involves the launch of an electoral exercise where candidates are invited to apply for a chance to contest for the highest office on the land. 

    IEBC will thus vet applicants a fresh and issue new election timelines. New faces other than those voted for on August can appear on the ballot. 

    A run-off, on the other hand, is a contest between top two Presidential aspirants from a fresh election where none scored more that the requisite 50 per cent plus one threshold.

    "Fresh elections is like what happened on August 9, 2022. That is when we do the nationwide General Elections.

    "A run-off happens in the event that the winner has not met the election threshold of 50 per cent plus one more vote. It is  usually between the number one and number two who were contesting," Kaimba stated. 

    A run-off in this case may be between Raila Odinga and William Ruto only, if none of the four candidates in the August 9 polls met the required threshold - 50 per cent + 1 vote and 25 per cent of votes in 24 counties. 

    A re-run, according to Kaimba, is similar to a run-off but involves the repeat of an election where all candidates remain on the ballot. No new aspirants are vetted nor allowed to be in the race.  

    Regarding the suits filed at the Supreme Court, Kaimba explained that there was a chance some of the petitions will be consolidated depending on the prayers presented by each party.

    "The Court will have a look at the petitions that have been filed and decide which one will be combined. What will determine if the three can be consolidated is the prayers that are being sought by each of the petitioners," he added.

    For Raila Odinga, the lawyer observed that the former Prime Minister was seeking a run-off by arguing that none of the Presidential contenders hit the 50 per cent plus one vote threshold.

    In his petition, Raila also wants to be declared president-elect if the court orders a recount and finds him the winner.  

    "And order be and is hereby made consequent upon nullification of the declaration of the results announced by Wafula Chebukati directing IEBC to tally and verify the count and declare Raila Odinga and Martha Karua as duly elected as President-Elect and Deputy President Elect respectively," one of the 21 reliefs Raila seeks in court reads. 

    The Supreme Court of Kenya
    The Supreme Court of Kenya. KENYANS.CO.KE, By Derrick Okubasu, Kenyans.co.ke
 
Paul Were in action for Rayon Sports in the Rwandese League at the weekend. COURTESY

Paul ‘Maldez’ Were and Eric “Marcelo” Ouma over the weekend led Kenyans plying their trade abroad to crucial wins for their clubs as several leagues picked momentum around the globe.

Were, a former Tusker and AFC Leopards player, was unveiled as a Rayon Sports player on Wednesday at a colourful ceremony, wasted no time in settling at the side as he created an assist to steer his new side to a 2-1 win over Rutsiro FC on his debut in the Rwandan League. 

Former Sofapaka and Gor Mahia midfielder Lawrence Juma also had an assist as he helped his new side AS Kigali beat Etincelles 2-0 in the same league.

In Sweden, Ouma scored AIK’s fourth goal in their runaway 4-2 win over Norrkoping on Sunday in the Swedish top tier Allsvenskan League. His goal was a thing of beauty and it came against the run of play in added time as he sprinted well over 50 yards to score into an open net following a neat counter attack off a failed corner kick from the opponents.

Another Kenyans in the team Collins Shichenje also made appearance in the match as a substitute. Shichenje was introduced in the 87th minute while Henry Mejja missed the entire match day. AIK are currently fourth on the log with Norrkoping placed 11th. Meanwhile former Kariobangi Sharks FC and Nairobi City Stars midfielder Sven Yidah, now an employee of Marumo Gallants was handed his debut against Royal AM in the Premier Soccer League played Sunday.

The Kenyan player had 67 minutes in before being substituted off. Swallows are 12th on the log with four points with one win in the bag and a draw. At the same time,Brian Onyango of Mamelodi Sundowns played full minutes in their 1-1 draw with Sekhukhune United Saturday in a match played at Peter Mokaba Stadium. Sundowns are currently fourth on the log with seven points. 

In the Georgian top flight,Kenyan ace Amos Nondi’s Dila Gori FC lost 3-0 to Dinamo Tbilisi in a league encounter Saturday. However Dila is now at fourth place with 34 points while Tbilisi are on 44 points.

Meanwhile, former Harambee Stars Captain Victor Wanyama helped his Montreal Impact side to an emphatic 3-0 win over New England Revolution Sunday morning in the Major League Soccer Championship. The skipper played the entire game bossing the midfield with a fine show.

In Zambia,former Harambee Stars forward Jesse Were of Kansanshi Dynamos opened their league campaign with a drab draw against Forest Rangers in the Zambia Super League. At the same time, ex-Gor Mahia defender David Owino also played full minutes for Napsa Stars in their return to top tier football albeit with a goalless draw with Red Arrows. By Barry Silah. PD

  • UK Ambassador to Kenya Jane Marriott during a meeting with Kenyan CEOs Chiefs of Staff on July 26, 2022. AMBASSADOR JANE MARRIOT
 
  • The UK ambassador to Kenya Jane Marriott has issued a statement addressing viral photos of her meeting the Independent Electoral and Boundaries Commission(IEBC) Chairman Wafula Chebukati and UDA leader William Ruto.

    In a statement issued on Monday, August 22, Marriott dismissed claims that she, in her capacity as UK envoy, endorsed Ruto during the August 9 General Election.

    She termed the allegations as misinformation, maintaining that Britain has no preferred candidate in Kenya's ongoing electoral process.

    UK High Commissioner to Kenya Jane Marriot (left) gives an address during the signing of UK-Kenya patnership agreement.
    UK High Commissioner to Kenya Jane Marriot (left) gives an address during the signing of the UK-Kenya partnership agreement on June 22, 2022.
    TWITTER UK HIGH COMMISSION
     

    "For the avoidance of doubt, I want to categorically reiterate that the Great Britain does not support or have a view on any candidates or parties in elections," Marriott clarified.

    She maintained that London was neutral with respect to the polls and that the meeting with Chebukati was in line with her roles to affirm the UK's support to the country and its institutions. 

    "Who Kenyans elect is a matter for the people of Kenya. We meet people from across the political spectrum to explain the UK’s programmes and partnership with Kenya, including independent institutions.

    The head of the UK mission reckoned that the election was a manifestation of the freedom of Kenyans to exercise their civic rights. She added that the monarch under the helm of Queen Elizabeth had no intention of undermining the same.

    Marriott echoed an earlier joint statement issued by envoys on August 15, affirming that Britain shared the same views with her European colleagues.

    The statement signed by Australia, Canada, Denmark, Germany, Switzerland, Sweden, the Netherlands, Norway lauded the political stakeholders including the electorate for their conduct during and after the poll.

    "We commend the people of Kenya for the peace and calm displayed on Election Day. Kenya has set an example to the region and continent as a whole

    "We call upon all actors to uphold the spirit of peace in the coming weeks. We encourage all politic al parties and leaders to follow all existing mechanisms for dispute resolution as laid out in the constitution of Kenya," the Embassies wrote.

     
     
    UK Ambassador to Kenya Jane Marriott
    UK Ambassador to Kenya Jane Marriott meets Roots party candidate George Wajackoyah at the Bomas of Kenya on August 15, 2022. By Paul Kurgat, Kenyans.co.ke
Supreme Court judges Philomena Mwilu (Deputy Chief Justice), Martha Koome (Chief Justice), Mohamed Ibrahim and Njoki Ndung'u during the BBI appeals hearing on January 18, 2022  Image: FILE/Photo Courtesy 

It is a rush against time as the Supreme Court prepares to hear the nine petitions filed Monday to challenge the outcome of the August 9 presidential polls.

The petitions are likely to be consolidated into one petition during the pre-trial conference.

The Azimio la Umoja One Kenya Coalition and eight other petitioners want the Supreme Court to overturn President-elect William Ruto's win citing irregularities and a mismatch of election results. 

Petitioners are on Tuesday expected to serve the respondents with the petition.

Ruto, the Independent Electoral and Boundaries Commission and its chairman Wafula Chebukati have been listed as respondents in the petitions.

Upon being served, the respondents will have four days to file and serve the petitioners with their responses to issues raised. This will be on Saturday, August 27, 2022.

Thereafter, the petitioners will file and serve their rejoinder to the responses filed by the respondents on August 28.

A day later on August 29, parties will be given time to file interlocutory applications.

Interlocutory applications are used to ask the court to make certain orders particularly when one party believes the other has not complied with court procedure obligations.

They are basically used to stop parties from acting unethically during litigation of a matter. 

On Tuesday, August 30, parties will have time to file and serve responses to interlocutory applications. 

The following day on August 31, individuals interested in being enjoined in the petitions as friends of the court, otherwise known as amicus curiae in legal jargon, will file their applications and serve the parties.

An amicus curiae is an impartial adviser to a court of law in a particular case.

On Thursday, September 1, the Supreme Court will hold the pre-trial conference.

A pretrial conference is a meeting of the parties to a case conducted prior to trial.

Generally, a pretrial conference serves several reasons.

It helps the court to establish managerial control over the case and discourages wasteful pretrial activities.

The court also uses the conference to improve the quality of trial with thorough preparation including eliminating repetitive evidence.

During the pre-trial conference, judges will formulate and simplify the issues in the petition, eliminate frivolous claims or defences, obtain admissions of facts and documents to avoid unnecessary proof, and identify witnesses and documents.

The court will also use the pre-trial conference to make rulings on interlocutory applications and applications for those seeking to be friends of the court.

After the pre-trial conference, the court will begin hearing the petition the following day on September 2 and deliver its verdict on September 5, 2022, fourteen days after the petition was filed. By Emmanuel Wanjala, The Star

Photo Courtesy 

Human rights activists have asked the Israeli Defence ministry to stop permitting its company from selling phone hacking software to Ugandan authorities, claiming it is being used for human rights abuses. 

The company, Cellebrite, which specializes in developing tools for digital forensic investigations, is reported to have sold its phone-hacking software known as Universal Forensic Extraction Device (UFED), to Uganda police and other security services. The software enables enforcement authorities to hack into password-protected cell phones and retrieve all the information they contain.  

Uganda police reportedly uses the same technology, the UFED cloud analyzer to extract data from online storage services like Dropbox, Google Drive, OneDrive and Apple’s iCloud. Although Cellebrite publications explain that remote access is only possible if the account holder provides the password, an IT specialist who preferred anonymity said that the user of the system is actually able to extract data from the cloud services installed on the hacked phone.

Israeli human rights lawyer Eitay Mack is leading a campaign demanding the withdrawal of UFED from Uganda police. Mack, one of Israelis’ leading voices against arms sales to human rights violators is leading several human rights organizations which signed a letter to the Defense Ministry stating that Uganda is using the software to oppress critics. The Defense ministry’s Defense Export Control Agency monitors and approves sales of security technologies abroad.

The letter, which is also copied to Cellebrite, detailed murders, kidnappings, and torture of human rights activists, dissidents, and members of the opposition. They also made reference to a 2021 Country Reports on Human Rights Practices, published by the US Department of State which highlighted a series of state-instigated violations against Ugandans.

The report faulted the government and its security forces for participating in arbitrary killings, forced disappearances, cruel, inhuman, or degrading treatment of suspects and torture. The same report also points to restrictions on free expression including violence and unjustified arrests or prosecution of journalists, and overly restrictive laws on the funding or operation of nongovernmental organizations and civil society organizations.  

But Cellebrite said its products were sold to Uganda’s police and security services to fight serious crime and terror, according to a report by The Times of Israeli and haartez.com. The two publications quote Cellebrite saying that it always ensures that its tools are only used for legal and ethical purposes.

The same report quotes the company, saying that it is committed to its mission of creating a safer world through providing solutions to law enforcement organizations while ensuring legal and ethical use of its products.

“We have developed strict means of oversight that will ensure proper use of our technology in the context of investigations carried out under the law."

The company has also insisted that it requires potential clients to demonstrate they have the authority to access an iPhone or Android devices before making their product available. It has also been saying the technology’s dependence on physically interfacing with the phones means it is unlikely to be misused. But critics have noted that Cellebrite has had difficulty ensuring kits it has sent to clients remain with the clients.

In February 2019, Cellebrite phone hacking kits were found on sale on eBay, while some clients have not returned the kits to Cellebrite after use, as the company requests. There are also fears a Cellebrite kit could be reverse-engineered to uncover vulnerabilities that the company continues to keep hidden from the cellphone makers.  Cellebrite has sold the same software to Belarus, China, Hong Kong, Venezuela, Indonesia, Russia, the Philippines, and Bangladesh.

The Israeli Defense ministry claims that there is tight and effective oversight of Israeli cyber products sold abroad and that it puts human rights at the forefront when permitting the sale of cyber tools. Yusuf Sewanyana, the director of the Police's ICT Directorate told URN that although the technology was procured, it is not in use at the moment.

Last year, an advanced spyware Pegasus, created by another Israeli firm, NSO Group was reportedly detected on at least 11 iPhones used by US officials in Uganda, as well as locals working for the embassy. According to a report which was published by the Washington Post, the targeted individuals were notified by Apple that their devices had been hacked. 

While NSO has previously said Pegasus can’t be used against US-based devices, Americans working overseas can and often do acquire local phone numbers, which may be vulnerable to Pegasus attacks. A report by the New York Times indicated that the targets were easily identifiable as state department employees because they had used their professional email addresses to create Apple IDs.

NSO Group maintains that governments that purchase Pegasus are carefully vetted and are not to use the product except for specific purposes; however, the company has repeatedly sold Pegasus to countries known to use surveillance technology to track dissidents, lawyers, journalists, and other members of civil society. By URN, The Observer

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