Intelligentsia wrote:Kusadikika wrote:This one will be interesting to watch. Uhuru has already been declared the winner and that is what makes it tricky. By going to court NASA will be seeking to have the results nullified. The magic number to keep in mind is 7,590,191 or thereabout which is 50% of all votes cast. For the results as they currently stand to be nullified, NASA must be able to show that Uhuru did not get the extra 632,973 that he got above the 50%. Another way to go about this would be to show that total votes cast were more than 16,446,326 so that Uhuru's total did not reach the required 50%+1. This is only half and probably the easier way to start.
The harder part would actually be to prove that Raila won. He would have to show 2 things. One that Uhuru's votes are more than they should be by about 700k and two that those votes actually belong to Raila.
The most difficult part of the case is to show that whatever irregularity that occured would have changed the results as announced. It is therefore possible (just as an example) for the court to find that Uhuru actually stole 600 thousand votes from Raila and still uphold the results.
Good analysis, I like the way you have unpacked these all these stats
But with 600k stolen it would mean the entire process is not credible
The law is an ass my fren!! Section 83 of the elections sets a very high bar for declaring an election void. You can produce all evidence of malpractice during the election but that is not enough. You must prove that the result would have been different.
Here is that section:
83. Non compliance with the law
No election shall be declared to be void by reason of non-compliance with any
written law relating to that election if it appears that the election was conducted in
accordance with the principles laid down in the Constitution and in that written law
or that the non-compliance did not affect the result of the election.