My understanding is that an election consists of several processes. SCOK in its wisdom found that some processes were carried out irregularly or illegally. They found it necessary to throw out the baby with the bath water.
Everyone agrees that the balloting process was carried out properly. It is subsequent processes that had problems. Why didn’t the court order a recount? If its transmission that had a problem, si wangeli-transmit? Lets wait for that reasoned judgement.
Thanks @Kigui(Top dog) Transmission, processes versa ve irregularly, illegally… etc is not an event whiles verifyin,decrepit ballot at each polling station is an event?
Sorry I cant get it.
Facilitating an election may not be an event but the election itself is most certainly an event. Specifically it is a “yes” or “no” decision. Kenyans like to fluff things when they want them to look more complicated than they really are.
Amused help me and I dont think you have critically balanced the issues.
First question, which kenyans a you eluding too? Yet it has been laid out clearly the elections is not an event. Thats the question you need to ponder. Did you vote? If so. what happened to your vote.
Election is a process. the voting event is part of the process.
Compare it to KCSE exams.
it is also a process that starts from registration to the time the results are announced. If the exams papers are not secured, the process becomes compromised. If those marking do a poor job, the process is compromised.
Even if you are a genius in the exam room, your results will be cancelled together with the E student. The process will be repeated and not the counting of marks.
The election is a process. All processes are meant to guarantee the integrity of one thing, the vote. Unless an irregularity or illegality so affects the outcome of an election such that the winner declared did not attain 50% + 1 vote or did not win altogether, the election is valid. The onus is upon the Judges to show that the evidence, beyond all reasonable doubt, affected the result. A tricky situation seeing as there was not a single affidavit from any party agent, questioning the results at any polling station. The affirmed number of discrepancies was 23,000 votes…well within the margin of error.