Supreme Court Decision Objective Views

[mouraythee]

How many of those were cited in the petition?

What do you take me for, your walking, talking, typing Google?

 

[kwido]

We don't agree with decision of the court but we respect it.
I would have expected maybe a 're-tally of the affected constituencies since I never heard of major irregularities like UK gaining more that what was announced safe for few clerical errors here and there.
Anyway, the court has spoken na sass IEBC itaje tarehe ya safari ya Bondo.
RWNEEEBPORK

 

[threetatu]

Election is a process not an event. The sooner you understand that the better...na kama hauelewi hio msemo niambie niku fafanulie

Its an event that has a process...

 

[dru]

CJ said there were illegalities and irregularities. In my own opinion illegalities may constitute tampering with electoral forms as argued by NASA. Assuming this was the case then they didn't have any other option but nullifying the election. Irregularities may consist of using forms other than those prescribed in law. I'll however wait for the full opinion of the court.

 

[Kigui]

Irrelevant example, why?.
Unlike exams, election is a process not a single event, if one part fails the entire process fails

@coldpilsner. Not necessarily true. The most catastrophic failure in electoral process has to happen in the initial stages. Its a pyramid by design. It has the followimg processes for each voter:
1. Registration of birth or registration of citizenship.
2. Obtaining national Id or passport.
3. Registration as a voter using one of 2 above and Registering ones biometrics with iebc.
4. Presenting onself at the correct polling station with the correct document in 2 above.
5. Obtaining.the correct ballot paper, marking it correctly and putting it in the right box.
.....end of voters duty......

 

[Kigui]

According to the supreme court, all the steps above failed. Otherwise, we should have just recounted.

 

[Abba]

The honourable judges failed to tell us how they arrived at this decision, a short summary should have sufficed.

They said you will read their summary in detail 21 days after announcing . It's just for us to be patient here and wait . We might be surprised what they will mention . Patience tu

 

[Kigui]

When doing a major exam, say KCSE, you the examinee do you part, the invigilator does theirs and some teachers mark the exam. Sasa mwenye ana invigilate and the one marking screw up, do you subject the student to do the exam again?

No, you pull up your sleeves and confirm the source of failure. You then work backwards to the real cause of the problem and remedy it.

 

[coldpilsner]

@coldpilsner. Not necessarily true. The most catastrophic failure in electoral process has to happen in the initial stages. Its a pyramid by design. It has the followimg processes for each voter:
1. Registration of birth or registration of citizenship.
2. Obtaining national Id or passport.
3. Registration as a voter using one of 2 above and Registering ones biometrics with iebc.
4. Presenting onself at the correct polling station with the correct document in 2 above.
5. Obtaining.the correct ballot paper, marking it correctly and putting it in the right box.
.....end of voters duty......

Vote relaying is part and parcel of the election....its written in the Constitution....kumbuka court inatumia law na Constitution as a guide... if the court was to bw just amd fair inafaa kutumia the two guidelines

 

[Big G]

CJ said there were illegalities and irregularities. In my own opinion illegalities may constitute tampering with electoral forms as argued by NASA. Assuming this was the case then they didn't have any other option but nullifying the election. Irregularities may consist of using forms other than those prescribed in law. I'll however wait for the full opinion of the court.

upus mtupu....why not retally the thing

 

[Kigui]

They said you will read their summary in detail 21 days after announcing . I bee decrying for us to be patient here and wait . We might be surprised what they will mention . Patience tu

Patience to you too sir. My argument is moot. However, since the wise judges invited us to speculate, might as well do. The matter is no longer sub-judice.

 

[Abba]

Patience to you too sir. My argument is moot. However, since the wise judges invited us to speculate, might as well do. The matter is no longer sub-judice.

How about we empower these institutions so that one day when even jubilee will be opposition, the same strengthened institutions will listen to their case. Here is the thing, they didn't announce raila as the president, all they did is to nullify and give another chance. Why are people bitter about this

 

[Kigui]

Vote relaying is part and parcel of the election....its written in the Constitution....kumbuka court inatumia law na Constitution as a guide... if the court was to bw just amd fair inafaa kutumia the two guidelines

I disagree here. My argument has been that an election is a process as defined by the CJ. When one part fails, and the previous part was ok, why throw out everything. Which part of the constitution prevents you from restarting?

 

[Grundy]

Ni refu sana. Lakini its does not change anything 70% iko loading sasa. Thats why kina mourathe na marafiki wake wako na machungu na mahasira na matusi mob sana.

Kama Jubilee walishindwa kupata 70% ata na wizi, how many will they get in a non fraudulent election?

 

[Kigui]

How about we empower these institutions so that one day when even jubilee will be opposition, the same strengthened institutions will listen to their case. Here is the thing, they didn't announce raila ad the president, all they did is to nullify and give another chance. Why are people bitter about this

You have captured my question in your response. I would like us to henceforth determine the two points in law as stated in my question. Do we determine election victory on sheer numbers, adherence to law or something in between?

 

[Kigui]

Kama Jubilee walishindwa kupata 70% ata na wizi, how many will they get in a non fraudulent election?

Mzee, I respect you. But you posted on the wrong thread.

 

[Kigui]

upus mtupu....why not retally the thing

This was one remedy I was proposing. I'm yet to see any one challenge it.

 

[dru]

upus mtupu....why not retally the thing

I am also puzzled why they did not order a re-tally. Eventually they will tell us their reasoning

 

[Kigui]

It was amongst the many electoral malpractices strewn across the country. That's why I insisted the supreme court was the way to go. There was too much wrong for this to be a legit election.

Since you introduced this here, I would have expected you to at least verify the source.

 

[Kigui]

CJ said there were illegalities and irregularities. In my own opinion illegalities may constitute tampering with electoral forms as argued by NASA. Assuming this was the case then they didn't have any other option but nullifying the election. Irregularities may consist of using forms other than those prescribed in law. I'll however wait for the full opinion of the court.

The problem is that they didnt say anything in their judgement. Neutral Observers gave the election day a clean bill of health. Do you think the election day had malpractices?