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NASA moves to the Supreme Court
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washiku
#541 Posted : Monday, August 28, 2017 11:28:39 AM
Rank: Chief

Joined: 5/9/2007
Posts: 13,095
masukuma wrote:
My assessment is that they are hinging their case on PROCESS or lack of following of PROCESS! they want to gain access to the RTS to show that images of Form 34A were not transmitted together with results. they want to say the results 'data' sent was not from Form 34A.


That was actually what he started with and said that if there any deviation from the process as laid down in the law, that should not be taken as a small issue. Its the same line of thought that the Ombudsman guy is pursuing.
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Gathige
#542 Posted : Monday, August 28, 2017 11:34:10 AM
Rank: Elder

Joined: 3/29/2011
Posts: 2,242
masukuma wrote:
My assessment is that they are hinging their case on PROCESS or lack of following of PROCESS! they want to gain access to the RTS to show that images of Form 34A were not transmitted together with results. they want to say the results 'data' sent was not from Form 34A.


The PROCESS cannot invalidate the will of the people. The will of the people is expressed when they vote- put their ballot in the paper, and that has to be protected as it is a Constitution right. The process, how the IEBC tallies and the technology used is in the Elections law, and that is inferior to the constitution.

The Judges are also cognizant of the politics. They may reprimand IEBC on some omissions, but would not make a ruling that will open floodgates for losers to flock the court on process issues.

My 2 cents as a layman


"Things that matter most must never be at the mercy of things that matter least." Goethe
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masukuma
#543 Posted : Monday, August 28, 2017 11:40:05 AM
Rank: Elder

Joined: 10/4/2006
Posts: 13,823
Location: Nairobi
washiku wrote:
masukuma wrote:
My assessment is that they are hinging their case on PROCESS or lack of following of PROCESS! they want to gain access to the RTS to show that images of Form 34A were not transmitted together with results. they want to say the results 'data' sent was not from Form 34A.


That was actually what he started with and said that if there any deviation from the process as laid down in the law, that should not be taken as a small issue.

is it the case of throwing out the baby and the bath water?
so this is my question... the process is made up of SUB PROCESSES.
so if there is a problem with a sub process - do you restart the whole process?
there were +40k subprocesses of polling that feed into +40k sub processes of counting - these fed into 291 sub process of tallying at the constituency and later these are fed into 1 processes to declare the winner in HQ. so... if you find fault in 1 or 10 of those collective (82k) processes - do you invalidate all other processes? why not restart that sub process especially if the process feeding into it has not been questioned?
All Mushrooms are edible! Some Mushroom are only edible ONCE!
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Wakanyugi
#544 Posted : Monday, August 28, 2017 11:44:01 AM
Rank: Veteran

Joined: 7/3/2007
Posts: 1,635
Lolest! wrote:
Quote:

In the end, will it matter? Were the final results tallied from the electronic submissions or the forms?
I think the Maraga court is just entertaining this to (i) avoid criticism and seem fair (ii) defuse any fuel that NASA might later deploy for mass protests from appearance of directives that seem harsh even if they are procedurally correct
Let the show continue ..

I think Nasa are not in court to win the case

It's to convince supporters that the election was flawed.

Then have them charged for the next round of Monday demos to remove IEBC, Supreme Court, change electoral laws to maybe include an electoral college as recently espoused by Omtata.

In this college system, whoever wins a county's votes, wins all the county's electors' votes like in the US

Brace for it guys, coming soon


You may have a point. I have been thinking about the massive Judicial and political onslaught that NASA has mounted against institutions to date and it simply doesn't make sense unless as a strategy to justify yet more 'reforms.' Of course it would have also been useful folder if the elections results were close but they were not.

My only question is who will carry these new 'reforms' forward. The only one with the cojones to do so is RAO and I don't really see him sitting on the tarmac and inhaling teargas again. He is just tired and simply wants a face saving way out from all this. The other clowns will be laughed out of town.
"The opposite of a correct statement is a false statement. But the opposite of a profound truth may well be another profound truth." (Niels Bohr)
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Njung'e
#545 Posted : Monday, August 28, 2017 11:47:41 AM
Rank: Elder

Joined: 2/7/2007
Posts: 11,935
Location: Nairobi
That stupid "11% constant" argument has reared it's head and Raila has this "i told you so" smile.........Someone clearly lied to the ignorant old man. Can't wait to have that torn apart. BTW, Regeru is missing in the new episode. Where went the good lawyer?
Nothing great was ever achieved without enthusiasm.
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T-Bag
#546 Posted : Monday, August 28, 2017 12:22:31 PM
Rank: Member

Joined: 9/25/2008
Posts: 510
The Court will not have the time to do figure by figure comparison of 40,883 (34A) Reporting Polling Stations to 290 (34B) unless NASA has specifics.

In a controlled Court environment, Can IEBC be ordered to simulate/re-transmit figures from polling stations randomly i.e. the returning officers sit at Kasarani/Bomas for a day with KIEMS kits and 34s and do the process again. The rest of us "party agents" can sit on the tarrace watching Sinema in big screen? I want to meet Mr 11% in person
I AM trust in GOD, I AM belief in THYSELF
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wazuaguest
#547 Posted : Monday, August 28, 2017 1:31:15 PM
Rank: Member

Joined: 2/9/2012
Posts: 576
Okongos brief
Uhuru intimidating Chiefs in Makueni(the real One)
CS campaigning openly
Undue influence using government programs

Waiting how the third respondent(almost becoming a lawyer)will respond
Africa belongs to Africans.
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murchr
#548 Posted : Monday, August 28, 2017 1:40:46 PM
Rank: Elder

Joined: 2/26/2012
Posts: 15,980
Missed out on the live IT ruling. ButI have watched it and it seems very fair. The court has excellent advisors. Muites confidence is telling. Nothing to hide
"There are only two emotions in the market, hope & fear. The problem is you hope when you should fear & fear when you should hope: - Jesse Livermore
.
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murchr
#549 Posted : Monday, August 28, 2017 1:42:16 PM
Rank: Elder

Joined: 2/26/2012
Posts: 15,980
wazuaguest wrote:
Okongos brief
Uhuru intimidating Chiefs in Makueni(the real One)
CS campaigning openly
Undue influence using government programs

Waiting how the third respondent(almost becoming a lawyer)will respond


This is a matter of he said this he said that and interpretation. Nothing out of this world
"There are only two emotions in the market, hope & fear. The problem is you hope when you should fear & fear when you should hope: - Jesse Livermore
.
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masukuma
#550 Posted : Monday, August 28, 2017 2:31:41 PM
Rank: Elder

Joined: 10/4/2006
Posts: 13,823
Location: Nairobi
T-Bag wrote:
The Court will not have the time to do figure by figure comparison of 40,883 (34A) Reporting Polling Stations to 290 (34B) unless NASA has specifics.

In a controlled Court environment, Can IEBC be ordered to simulate/re-transmit figures from polling stations randomly i.e. the returning officers sit at Kasarani/Bomas for a day with KIEMS kits and 34s and do the process again. The rest of us "party agents" can sit on the tarrace watching Sinema in big screen? I want to meet Mr 11% in person


to prove what? if the said process did not contribute to the declaration of Uhuru as winner - what is the point?
All Mushrooms are edible! Some Mushroom are only edible ONCE!
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