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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

  • 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

On Sunday, Sudan's Council of Ministers declared a state of alert and emergency regarding the floods that affected six of its states — River Nile, Gezira, White Nile, West Kordofan, South Darfur and Kassala.

According to the Sudan News Agency (SUNA), the Council stressed the importance of mobilising popular efforts to attract internal and external humanitarian support from official and popular bodies, in order to provide assistance to those affected by the situation in these states.

Acting Minister of Cabinet Affairs Osman Hussein Osman confirmed the opening of an account in local and foreign currencies to attract support, and to stand beside those affected by torrential rains and floods.  Source Khaleej Times

 

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

NAIROBI, Kenya Aug 22 – Raila Odinga’s Azimio La Umoja One Kenya coalition has filed a petition in the Supreme Court seeking to overturn President-Elect William Ruto’s victory.

Lawyer Dan Maanzo said the petition was filed online Monday morning.

“Yes we have filed the petition online and as lawyers of Azimio we are ready for the petition and we are very confident that we will succeed because the law is on our side,” he told reporters outside the Supreme Court registry at the Milimani Law Courts.

He said they were now working on delivering the physical documents to the court to be stamped.

“The hard copies will now be brought so that they can be stamped but the online one is already with the court,” he said but declined to provide a copy or reveal the main grounds in the petition.

“No I can’t go into those details because the Chief Justice will say I have started to prosecute the case outside court,” he said.

Anyone wishing to file a petition in the Supreme Court agaist Ruto’s victory has until 2pm Monday which is the deadline for the 7-day window since the declaration of the results by the Independent Electoral and Boundaries Commission (IEBC) Chairman Wafula Chebukati.

Ruto was declared president-elect on Monday, scraping past Odinga with a margin of less than two percentage points, after an anxious days-long wait for results of the August 9 vote.

The outcome has been challenged not only by Odinga’s camp but also, in a bizarre twist, by four out of seven commissioners at the election body that oversaw the vote. 

“We want to see justice done so that peace can be found,” 77-year-old Odinga said at his Nairobi home after a meeting with religious leaders. 

“We have decided to use the law to go before the Supreme Court and table our evidence to show that it was not an election but a joke.”

The veteran opposition leader has now been defeated in all five presidential votes he has contested, even though this year he ran with the backing of outgoing President Uhuru Kenyatta and the weight of the ruling party behind him.

No presidential poll outcome has gone uncontested in Kenya since 2002, and the disputes have led to bloodshed in the past.

In August 2017, the Supreme Court annulled the election after Odinga rejected Kenyatta’s victory. Dozens of people were killed by police in post-poll protests.

The aftermath of this year’s court decision is being keenly watched as a test of democratic maturity in East Africa’s richest economy.

Kenya‘s worst electoral violence occurred after the 2007 vote, when more than 1,100 people died in bloodletting between rival tribes. By Jemimah Mueni, Capital News

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