Shak wrote:masukuma wrote:Lolest! wrote:Kusadikika wrote:masukuma wrote:My verdict... no overturning of the Election results... the people have spoken and spoken clearly. Likely inquiry on IEBC's jua kali-ness on some matters. That whole hosting of the servers abroad was a dual edged knife - supposed to make you seem credible but makes you look incompetent! I suspect someone will be censured on that angle.
That is what I am hoping but these days I like to keep my mind open to all possibilities. It is not over until it is over. Even as the lawyers were making their legal arguments it was not lost on me that there was a lot ego massaging of the judges. After being called "My Lords" so many times I fear that it is possible that some may want to believe that they are indeed Lords.
I am beginning to have some trepidation about the effect of that IT report. It would be a very easy case to make that IEBC is hiding something. A unanimous decision seals the election for good but a majority decision say by a vote of 4 to 3 to uphold the election would leave some embers that can be stoked into a roaring fire by a disgruntled loser.
I am anxious to hear how this goes. I want it to end on Friday but i am preparing myself for whatever happens.
A puritan Supreme Court can be very dangerous.
A ruling that is favourable to the petitioner will be very dangerous for future elections
It simply means that in future, a side that knows it's losing will simply ensure forms in strongholds are not signed or something else and hence buying him time in the rerun
Perhaps we may need to look at it from ODM/CORD/NASA (or whatever they choose to call themselves next week). They are a force (not as big as they thought - but still big) - how do you communicate to their adherents the frame of mind that
1) institutions work
2) when they don't - there is recourse in the law
that they don't have to see the courts as "channels created by their 'oppressors'"! How do you do that fairly? in front of the supreme court lies a case that Kenyans overwhelmingly voted for one candidate - that is of no doubt to any one.... even Ekuru alisema hiyo. The question is on the mechanics of the 300k plus people who were running it. mambo ya kukosa seals... stamps... signatures for people who have been working for days on end under tough and charged political environment. The petitioner has not shown that they have been prejudiced by these events - they are just saying... it was not carried out as expected. Oh Rejected votes are not matching... between the RTS and the forms. So back to my point, the Supreme court has to uphold the election but at the same time find a way of making sure that these "de minus" issues don't repreat themselves in future elections. During the last election, they acted on the procurement of things and we saw heads rolling and this time around there are no complaints on "failed" systems and procurement. Will this be enough for NASA? unlikely,
i think the largest bone they can throw at NASA is a recount or retally! Not Voting again since no one has complained about the voting process.
My fear about
a possible recount is that a new circus will arise where NASA will claim that ballot boxes have been tampered with by IEBC therefore they don't trust what will result from it
How would that work at this point in time and what purpose would it serve!
I thought tomorrow Friday, the court is expected to tell us one of two things - either;
After having considered all the arguments...... We find that the results of the elections that were announced by Chebukati hold because we have not seen compelling evidence that would persuade us to annul it.
Or
The results don’t hold and are hereby annuled because of serious and widespread breaches which we enumerate here below.
Recommending certain restructuring of IEBC infrastructure and operations may be an option, but calling for a recount! That bus has left the station already.
Otherwise it would mean they withhold their decision till the outcome of that exercise, which would offend the time lines laid down.
Isuni yilu yi maa me muyo - ni Mbisuu