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NASA moves to the Supreme Court
Rank: Elder Joined: 10/1/2009 Posts: 2,436
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. ..While the onus is on the opposition to prove it was cheated and the limited time allowed to hear its petition favors the status quo, the Supreme Court’s decision will rest on whether the vote was transparent, accountable and verifiable, according to Philip Murgor, managing partner at Murgor & Murgor Advocates, a Nairobi-based law firm...
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Rank: Elder Joined: 2/26/2012 Posts: 15,980
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"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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Rank: Elder Joined: 12/7/2012 Posts: 11,929
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Had seen the petition and just laughed ......  In the business world, everyone is paid in two coins - cash and experience. Take the experience first; the cash will come later - H Geneen
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Rank: Elder Joined: 10/1/2009 Posts: 2,436
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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 
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Rank: Veteran Joined: 7/3/2007 Posts: 1,635
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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. Now such a perverse outcome would cause a revolution. And I would be the first one to sit on the tarmac. "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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Rank: Elder Joined: 10/3/2008 Posts: 4,057 Location: Gwitu
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I had a quick look at 34Bs and almost all are signed by NASA agents. Are we being treated to a legal melodrama? Truth forever on the scaffold
Wrong forever on the throne
(James Russell Rowell)
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Rank: Elder Joined: 7/10/2008 Posts: 9,131 Location: Kanjo
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The agents who were to collect the 'evidence' have not been paid and have kanyangiad the forms signed at polling centers. The only 'evidence ' orengo can use is what he downloads from IEBC website. Hehehehe http://www.nation.co.ke/...59970-oekw9ez/index.htmli.am.back!!!!
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Rank: Elder Joined: 7/22/2008 Posts: 2,718
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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.
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Rank: Veteran Joined: 10/8/2008 Posts: 1,575
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kaka2za wrote:I had a quick look at 34Bs and almost all are signed by NASA agents.
Are we been treated to a legal melodrama? Those will be disowned and the 'correct' ones demanded  I care!
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Rank: Elder Joined: 7/22/2008 Posts: 2,718
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It is already 6pm. What time are they going to court? I know the court said they are open till midnight I just hope NASA is not planning to show at 11.59pm then they start saying koti bandia.
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Rank: Elder Joined: 10/4/2006 Posts: 13,822 Location: Nairobi
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Kusadikika wrote:It is already 6pm. What time are they going to court? I know the court said they are open till midnight I just hope NASA is not planning to show at 11.59pm then they start saying koti bandia. I am sure they will lodge... if they don't it will be a sign that they are irredeemably incompetent! All Mushrooms are edible! Some Mushroom are only edible ONCE!
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Rank: Elder Joined: 2/8/2013 Posts: 4,068 Location: At Large.
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We have 6hrs 35Mins time left to launch the appeal.Any drama around town.Am headed to CBD? Or this will be a midnight affair? Love is beautiful and so are those who share it.With Love, Marriage is an amazing event in ones life time, the foundation of joy, happiness and success.
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Rank: Elder Joined: 2/22/2009 Posts: 2,449 Location: Africa
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The decision to go to court with only two days left to the deadline is the height of disorganization. Somehow the lawyers are expected to have put together a watertight case within such a short time. I suspect they are extremely stressed out at the moment. Expect lots of comedy arising from inadequate preparation as they present their case in the coming days
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Rank: Elder Joined: 2/26/2012 Posts: 15,980
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Shak wrote:The decision to go to court with only two days left to the deadline is the height of disorganization. Somehow the lawyers are expected to have put together a watertight case within such a short time. I suspect they are extremely stressed out at the moment. Expect lots of comedy arising from inadequate preparation as they present their case in the coming days ???? "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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Rank: Elder Joined: 2/8/2013 Posts: 4,068 Location: At Large.
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Why do I suspect a no-show? Rumours where I am are that they want IEBC to give them the 34As while IEBC has declined saying their agents have copies.So hakuna supporting docs for water tight case... Love is beautiful and so are those who share it.With Love, Marriage is an amazing event in ones life time, the foundation of joy, happiness and success.
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Rank: Veteran Joined: 7/5/2010 Posts: 2,061 Location: Nairobi
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Bigchick wrote:Why do I suspect a no-show?
Rumours where I am are that they want IEBC to give them the 34As while IEBC has declined saying their agents have copies.So hakuna supporting docs for water tight case... Interesting.....they are not going to get them from the agents cause they have not paid them.
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Rank: Elder Joined: 7/22/2008 Posts: 2,718
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There are 40883 form 34As. Assuming NASA asked IEBC to provide them then IEBC can say no problem we will make copies. Assuming they already have them stacked up and in the machine ready to copy there is the obvious limitation of time. A normal copy machine that makes 15 copies per minute would need 2726 minutes to get the job done. That is about 46 hours non stop or 4 days working 12 hour shifts assuming no interruption whatsoever!! A normal A4 paper weighs 5g. The total weight of the form 34As would be 204kg!!
Could it be they could not get lawyers to take up the case.
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Rank: Elder Joined: 2/26/2012 Posts: 15,980
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Kusadikika wrote:There are 40883 form 34As. Assuming NASA asked IEBC to provide them then IEBC can say no problem we will make copies. Assuming they already have them stacked up and in the machine ready to copy there is the obvious limitation of time. A normal copy machine that makes 15 copies per minute would need 2726 minutes to get the job done. That is about 46 hours non stop or 4 days working 12 hour shifts assuming no interruption whatsoever!! A normal A4 paper weighs 5g. The total weight of the form 34As would be 204kg!!
Could it be they could not get lawyers to take up the case.
Aren't the forms available for download from the portal? "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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Rank: Elder Joined: 7/22/2008 Posts: 2,718
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Rank: Elder Joined: 7/22/2008 Posts: 2,718
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murchr wrote:Kusadikika wrote:There are 40883 form 34As. Assuming NASA asked IEBC to provide them then IEBC can say no problem we will make copies. Assuming they already have them stacked up and in the machine ready to copy there is the obvious limitation of time. A normal copy machine that makes 15 copies per minute would need 2726 minutes to get the job done. That is about 46 hours non stop or 4 days working 12 hour shifts assuming no interruption whatsoever!! A normal A4 paper weighs 5g. The total weight of the form 34As would be 204kg!!
Could it be they could not get lawyers to take up the case.
Aren't the forms available for download from the portal? They are but even that takes time. Just time yourself how long it takes to get one form. You have to click 5 times to get one form and then you have to wait another few seconds for it to come up then another minute for it to download and then another few seconds to print. Assuming you could do all that in one minute then you would need 28 days to get all of them working 24 hours a day non stop. If you got 10 people and were very efficient they would take 3 days working 24 hours!! If one of them even takes 5 minutes to go to the toilet that time starts adding up.
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