poundfoolish wrote:murchr wrote:My little understanding of law tells me that judges rule on issues brought b4 them. In that i mean CORDS petition was that the IEBC allowed people not registered to vote, the IEBC conspired with TNA so as that TNA wins the election, the IEBC's systems were made to fail etc....given that the burden of prove lies with the petitioner, has the he provided enough prove to show the above happened?
AFRICOGs issue was that the tallying of the election results was wrong and they indicated that some form 34/36 dint match. Well...form the courts record above that has been proven, but does it meet the required threshold to nullify an election...that, the judges will tell us tomorrow.
problem is if...
1.
System was designed to fail to avoid transparenncy hence taking uss to 5 years ago.. remember Krieglers recommenndations?
2.
The tallying was done in a haphazard manner so as to push somebody just above the +1 threshold... hence the insistence by Kethi on that 1k vote reduced and added for some candidates. In this case only 4 constituencies can be used to do that..
Lets not look for 2007 and Nyayo era riggings as threshold for this case
1. The system cannot have been designed to fail since it worked at least for 45% of the country. There were people issues and a few tech issues which were resolved early. The reason I say this is because, for example - you cannot claim that the system was designed to fail because of a few polling stations who had a good number of people in the "green" book. It would have been a better exercise for the IEBC to do a good job with the devices in ODM/CORD strongholds and have it not work in Jubilee strongholds. Actually in CORD areas the use of the devices failed properly for example Mombasa County in which like 5 constituencies did not transmit a single result. But considering a constituency like Mathioya reported 100% polling stations using RTS and is still in the list of areas with issues with form 36s. I am sure that some of the polling stations that are being fronted to have had malpractices must have transmitted using the same system.
2. any such mistakes in tallying would need to be done at the very end and not hapa na hapa since all results were still trickling in.
What would have sorted all this ndlama is form 34s would have been computed up and the result examined if the 50% + 1 threshold was met.
All Mushrooms are edible! Some Mushroom are only edible ONCE!