vky wrote:It was a legal requirement for IEBC to announce results backed by form 34A at the time of tallying and it is very apparent that IEBC did not meet this threshold, this alone invalidates the whole election process, it will not be a walk in the park
tuanzie hapa... Who is the 'supreme' in this matter? it's Wanjiku, Athiambo, Fatuma, Nafula e.t.c. I.e. the Mwananchi!! What are elections? and why is election day special?
Quote:Election Day is the one day when we strive to give an equal voice to every eligible voter! It’s the day that the woman working in the market has as much of a say as any wealthy banker or CEO. It’s the day that the illiterate have a voice that speaks as eloquently as that of a university professor.
that's what makes election day special... it facilatates this voice being heard... the law recognizes this by stating that
Quote:
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.
That is the law... no one is saying that a certain legal requirement was not met... or that something else was not done properly! that there were no clerical errors... the bigger question is DID IT'S (that thing you are pointing at as being faulty) NOT BEING 'MET' AFFECT THE RESULTS OF THE SAID ELECTION? Did for example an RO not signing Form 34B for Likoni AFFECT THE RESULTS i.e. alter the wishes/voice of the people of Likoni? ELECTIONS ARE ALL ABOUT THE PEOPLE!! THE PEOPLE ARE SUPREME!! Was the voice of the woman selling in the market place heard? was the illiterate's voice heard? What we are arguing about is about the mechanics!! If the forms 34As images were not uploaded onto the server immediately after counting (a failure to adhere with the law - yes).... and are produced in court properly signed by all stakeholders and no one argues about the results there in 2007 style... would this result be cancelled?
All Mushrooms are edible! Some Mushroom are only edible ONCE!