The Vote Tallying Case Simplified

[Omollo]

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I found this at http://www.Kenya-today.com

[Kim Jong-Un's Pajama Pants]

It seems fairly straightforward.  It's not clear to me why someone in Nairobi would purport to be in a better position to validate results than the folks doing the actual counting.  In any case, it seems to be a sound legal ruling.

[RV Pundit]

So after the returning officer has announced the final results; Nairobi only job would be to collect the verified results and tally up.

[Omollo]

So after the returning officer has announced the final results; Nairobi only job would be to collect the verified results and tally up.

That is what the law said before and the High Court simply restated it to stop the games Isaac Hassan started. Do you have a problem with that?

[Kichwa]

Exactly.  In the US they do not even have anybody at the national level charged with the silly ceremonial duty to declare a winner.  People can just sit in front of TV or Radio and hear/see the math as each state reports its result and the votes are added-openly.  At a certain point a winner is projected then ultimately declared by everyone and the loser makes a concession speech-Mambo Kwisha. If there is a dispute of a particular State result then that is where you focus.

So after the returning officer has announced the final results; Nairobi only job would be to collect the verified results and tally up.

[Kim Jong-Un's Pajama Pants]

Exactly.  In the US they do not even have anybody at the national level charged with the silly ceremonial duty to declare a winner.  People can just sit in front of TV or Radio and hear/see the math as each state reports its result and the votes are added-openly.  At a certain point a winner is projected then ultimately declared by everyone and the loser makes a concession speech-Mambo Kwisha. If there is a dispute of a particular State result then that is where you focus.

So after the returning officer has announced the final results; Nairobi only job would be to collect the verified results and tally up.

There is just this obsession with the idea that if you oversee something, you should be able to alter stuff.  Even stuff you are least equipped to manipulate.  I can't see any innocent reason why they would want to be able to change results that have already been certified elsewhere by people who know better.  If things are flawed at that level, that is the stuff that petitions in court can resolve.

[Kichwa]

The court is the only institution which has the power to change the constituency level results after evaluating the testimonial and documentary evidence presented in an open court clearly establishing that the original numbers announced were not correct. I cannot imagine what the IEBC mullahs would base their decision to change the constituency results on.  We can not allow the tortured manipulation of Numbers that  Hassan engaged in 2013 to make sure Ourutu crossed the 50% line.

Exactly.  In the US they do not even have anybody at the national level charged with the silly ceremonial duty to declare a winner.  People can just sit in front of TV or Radio and hear/see the math as each state reports its result and the votes are added-openly.  At a certain point a winner is projected then ultimately declared by everyone and the loser makes a concession speech-Mambo Kwisha. If there is a dispute of a particular State result then that is where you focus.

So after the returning officer has announced the final results; Nairobi only job would be to collect the verified results and tally up.

There is just this obsession with the idea that if you oversee something, you should be able to alter stuff.  Even stuff you are least equipped to manipulate.  I can't see any innocent reason why they would want to be able to change results that have already been certified elsewhere by people who know better.  If things are flawed at that level, that is the stuff that petitions in court can resolve.

[RV Pundit]

I have no problem with either - it just shift the burden from 7 well vetted commissioners - to 290 returning officers whom the same IEBC will hire in opaque process.

[Kichwa]

Pundit.  The difference is HUGE.   The 290 returning officers will NOW be responsible and answerable to their numbers and cannot transmit to Bomas and disappear.  All parties have to sign off and the numbers are released to the public the same time they are transmitted to Bomas. Also, the 290 returning officer and the signatories will have personal knowledge of the results and can therefore be called upon to testify in court subject to cross-examination if there is a dispute.  The constituency numbers must be transmitted to Bomas and to the public simultaneously so that we can cross-check them. If Bomas believe that the numbers submitted to them from a particular constituency are somehow erroneous and would like to change them, they have to explain it clearly to the public and allow for the party that is adversely affected the opportunity to challenge the change in court. Transparency maybe cumbersome and inconvenient but it is cheaper than hiding things and causing chaos.  Actually this is the best way to avoid post election violence because the aggrieved party will also have to convince the public and the international community on exactly how they believe they were robbed.  IF the Mutunga court consider all the evidence presented before them by CORD in 2013, the country would be much better-off today than the cowardice they displayed by using technicalities to decide a serious case like the one before them. Supreme courts are called Supreme courts for a reason. Supreme courts do not use technicalities to dismiss cases of great public interest.

I have no problem with either - it just shift the burden from 7 well vetted commissioners - to 290 returning officers whom the same IEBC will hire in opaque process.

[Kim Jong-Un's Pajama Pants]

Pundit.  The difference is HUGE.   The 290 returning officers will NOW be responsible and answerable to their numbers and cannot transmit to Bomas and disappear.  All parties have to sign off and the numbers are released to the public the same time they are transmitted to Bomas. Also, the 290 returning officer and the signatories will have personal knowledge of the results and can therefore be called upon to testify in court subject to cross-examination if there is a dispute.  The constituency numbers must be transmitted to Bomas and to the public simultaneously so that we can cross-check them. If Bomas believe that the numbers submitted to them from a particular constituency are somehow erroneous and would like to change them, they have to explain it clearly to the public and allow for the party that is adversely affected the opportunity to challenge the change in court. Transparency maybe cumbersome and inconvenient but it is cheaper than hiding things and causing chaos.  Actually this is the best way to avoid post election violence because the aggrieved party will also have to convince the public and the international community on exactly how they believe they were robbed.  IF the Mutunga court consider all the evidence presented before them by CORD in 2013, the country would be much better-off today than the cowardice they displayed by using technicalities to decide a serious case like the one before them. Supreme courts are called Supreme courts for a reason. Supreme courts do not use technicalities to dismiss cases of great public interest.

I have no problem with either - it just shift the burden from 7 well vetted commissioners - to 290 returning officers whom the same IEBC will hire in opaque process.

I will also add that, while that may or may not be the purpose of this law,  it also makes a centrally coordinated rigging plan that much harder to implement.  You need more people to buy in.

[Omollo]

I am not even bothered by the fact that IEBC objected.

I am amused by the grounds for the objection. Years after the constitution removed the locus standi trickery used by Wako and Moi to frustrate citizens seeking redress in courts by allowing virtually anybody to sue about anything, an advocate goes to court to say NASA cannot sue because it is not a political party and is not therefore aggrieved! One is not required to show, demonstrate or prove affliction to be heard.

Preliminary objections for the sake of it? How about using the occasion to say you are ready to proceed with the substantive issue(s) at once!

The Ethnic Rag

Now compare with The Online Ethnic Crap

[Kichwa]

That was an embarrassment. How can a whole lawyer waste the courts valuable time with such a frivolous, desperate procedural motion which clearly lacks merit.  The judge must have been  really pissed off. The commissioners should not have let their lawyer submit frivolous motion like that unless they were in the Moi era as Omollo correctly pointed out. IEBC is acting as if it is a partisan organization aligned with Jubilee and NASA is their common enemy. The deployment of RO's is a very weighty issue and the methodology is very important.  I believe that once they have all been vetted, trained and sworn in, they should be randomly deployed through a lottery system.

I am not even bothered by the fact that IEBC objected.

I am amused by the grounds for the objection. Years after the constitution removed the locus standi trickery used by Wako and Moi to frustrate citizens seeking redress in courts by allowing virtually anybody to sue about anything, an advocate goes to court to say NASA cannot sue because it is not a political party and is not therefore aggrieved! One is not required to show, demonstrate or prove affliction to be heard.

Preliminary objections for the sake of it? How about using the occasion to say you are ready to proceed with the substantive issue(s) at once!

The Ethnic Rag

Now compare with The Online Ethnic Crap

[RV Pundit]

This in my view is jumping from fire to frying pan. Now you see NASA panicking about the returning officer - and wanting them vetted. That won't be easy to do. These faceless RO if given unfettered power to declare final results can plunge the country into chaos and disappears.

Now we have to vet 290 returning officer and there is simply no time. In 2 months time they have to prepare for elections - hire presiding and clerks - hire transporters - receive materials - and conduct training. Not enough time for NASA to complete their court case against IEBC.

At end of the day it about trusting or not trusting people. We cannot trust anyone. We are better trusting technology. Let hope electronic transmission from every polling station will work this time round.

Frying pan direct to the fire. Who has the muscle - financial & coercive power - to intimidate RO to declare fake results - NSIS and Uhuru.

[Kichwa]

Oh, come-on.   Nobody is talking about extreme vetting.  290 people can be vetted very quickly-run their criminal records, finger print them, have them sign financial disclosure forms, biographic information, etc.  This can all be done in a week during their orientation week at KIA where they are, trained, instructed, placed under  oath and bonded.  They are then randomly assigned by lottery to their place of work and responsibility.  Its amazing what happens when you give people responsibility and tell them that they will be held accountable for their actions individually.  You must also appeal to their sense of patriotism and fairness. Make them understand how important their jobs are not only for themselves and families but to the country.  They also need to be assured that if they do the right thing, they will be protected by the law and by the government of Kenya, but if they disobey the law then they will pay heavily and dearly.  This is very simple stuff that is cheaply and routinely done in most countries but the pay-off is huge.

This in my view is jumping from fire to frying pan. Now you see NASA panicking about the returning officer - and wanting them vetted. That won't be easy to do. These faceless RO if given unfettered power to declare final results can plunge the country into chaos and disappears.

Now we have to vet 290 returning officer and there is simply no time. In 2 months time they have to prepare for elections - hire presiding and clerks - hire transporters - receive materials - and conduct training. Not enough time for NASA to complete their court case against IEBC.

At end of the day it about trusting or not trusting people. We cannot trust anyone. We are better trusting technology. Let hope electronic transmission from every polling station will work this time round.

Frying pan direct to the fire. Who has the muscle - financial & coercive power - to intimidate RO to declare fake results - NSIS and Uhuru.

[Omollo]

The law clearly states that ROs are the final word. The IEBC cannot re-write the constitution.

Secondly, the constitution demands diversity. Appointing an all Kalenjin team to Western is NOT.

Thirdly, the law provides for participation by political parties. The IEBC cannot abscond.

It is not about being nice or meeting deadlines. It is the law. Whoever made those illegal decisions knew elections are time determined. There is enough time to review the whole RO process. A history professor told me recently that in the Moi days before the ECK, DCs were named ROs the night before elections. Sometimes the gazette notice would arrive long after the rigging elections

[RV Pundit]

The issue is before court of appeal. I think matters presidential - the returning officer is clearly chebukati - he is the one to tally up the results and announce the winner. Governors & Senate the RO is the County Managers. Whether RO has the power to alter results received - either from presiding officer in the polling station or RO or County RO (for senate, governor, woman rep) or president - is big question. I don't think RO should be restricted to just announcing results - even when there are clear mistakes made by those bellow them - mathematical or otherwise. There should be a log on why the results were altered or even rejected- say you noticed a mathematical error or cast votes are more than registered votes.

The law clearly states that ROs are the final word. The IEBC cannot re-write the constitution.

Secondly, the constitution demands diversity. Appointing an all Kalenjin team to Western is NOT.

Thirdly, the law provides for participation by political parties. The IEBC cannot abscond.

It is not about being nice or meeting deadlines. It is the law. Whoever made those illegal decisions knew elections are time determined. There is enough time to review the whole RO process. A history professor told me recently that in the Moi days before the ECK, DCs were named ROs the night before elections. Sometimes the gazette notice would arrive long after the rigging elections

[Omollo]

The issue is before court of appeal. I think matters presidential - the returning officer is clearly chebukati - he is the one to tally up the results and announce the winner. Governors & Senate the RO is the County Managers. Whether RO has the power to alter results received - either from presiding officer in the polling station or RO or County RO (for senate, governor, woman rep) or president - is big question. I don't think RO should be restricted to just announcing results - even when there are clear mistakes made by those bellow them - mathematical or otherwise. There should be a log on why the results were altered or even rejected- say you noticed a mathematical error or cast votes are more than registered votes.

The question is upon what basis would a person in Nairobi purport to "correct" a result from Turkana? What information would he be having that is not available to the RO.

Then there is the lamest of excuses you come up with: Mathematical Error. This time is not a "Computer Error" worth billions to fill up the campaign chest!

I tell you what? If arithmetic is a general problem among the Kikuyu and Kalenjin (who represent 90% of the election officials), why not open it for diversity so other tribes not debilitated by this most unique distemper can even out the errors if not eliminate them? Are you kidding me or what? Is that the excuse to be used this time? That a man employed ostensibly because he has a degree or two and years of experience cannot count?

Here is how it works: Arithmetic errors are detected as the results are discussed with agents and polling officers. Once they are sorted out, the RO mounts the platform and announces the final polished product. It is the result of the wishes of the specific constituency to be transmitted to Nairobi to Chebukati.

Like the Constituency RO, who collected results from polling stations, his is to collect and tally constituency results. If there are arithmetic errors after announcement, he cannot purport to "correct" them. That is already part of the issues to be adjudicated by the courts. By the act of appending his signature to the result, he ceases to have any more power over the result.

Chebukati cannot assume that power.

[RV Pundit]

People make errors. I don't know the process that has been used previously to correct say mathematical errors - but I would imagine - agents need to sign and logs need to be added.ROs need to verify presiding officers work - county manager need to verify RO work - and Chebukati need to verify everything. That is why they are commissioners.

upon what basis would a person in Nairobi purport to "correct" a result from Turkana? What information would he be having that is not available to the RO.

Then there is the lamest of excuses you come up with: Mathematical Error. This time is not a "Computer Error" worth billions to fill up the campaign chest!

I tell you what? If arithmetic is a general problem among the Kikuyu and Kalenjin (who represent 90% of the election officials), why not open it for diversity so other tribes not debilitated by this most unique distemper can even out the errors if not eliminate them? Are you kidding me or what? Is that the excuse to be used this time? That a man employed ostensibly because he has a degree or two and years of experience cannot count?

Here is how it works: Arithmetic errors are detected as the results are discussed with agents and polling officers. Once they are sorted out, the RO mounts the platform and announces the final polished product. It is the result of the wishes of the specific constituency to be transmitted to Nairobi to Chebukati.

Like the Constituency RO, who collected results from polling stations, his is to collect and tally constituency results. If there are arithmetic errors after announcement, he cannot purport to "correct" them. That is already part of the issues to be adjudicated by the courts. By the act of appending his signature to the result, he ceases to have any more power over the result.

Chebukati cannot assume that power.

[Omollo]

He can supervise and do al that as long as he accepts that the result issued by the RO is NOT provisional, cannot be altered except by a court of law and that his is count (tally) and the figure he comes up with be the reflection of the results as released by ROs all over the country.

To eliminate errors especially of the mathematical type, let him hire only those who can count. What we cannot accept is for Chebukati to sit at Bomas and purport to "confirm", verify and authenticate results.

This is no different from what happens in the US where state officials conduct the elections and release the results. It is the TV networks that call the winner. If not he would have to wait several hours (which he does) to get the official result. It is never different from the one collected by networks from every state by the networks

People make errors. I don't know the process that has been used previously to correct say mathematical errors - but I would imagine - agents need to sign and logs need to be added.ROs need to verify presiding officers work - county manager need to verify RO work - and Chebukati need to verify everything. That is why they are commissioners.

upon what basis would a person in Nairobi purport to "correct" a result from Turkana? What information would he be having that is not available to the RO.

Then there is the lamest of excuses you come up with: Mathematical Error. This time is not a "Computer Error" worth billions to fill up the campaign chest!

I tell you what? If arithmetic is a general problem among the Kikuyu and Kalenjin (who represent 90% of the election officials), why not open it for diversity so other tribes not debilitated by this most unique distemper can even out the errors if not eliminate them? Are you kidding me or what? Is that the excuse to be used this time? That a man employed ostensibly because he has a degree or two and years of experience cannot count?

Here is how it works: Arithmetic errors are detected as the results are discussed with agents and polling officers. Once they are sorted out, the RO mounts the platform and announces the final polished product. It is the result of the wishes of the specific constituency to be transmitted to Nairobi to Chebukati.

Like the Constituency RO, who collected results from polling stations, his is to collect and tally constituency results. If there are arithmetic errors after announcement, he cannot purport to "correct" them. That is already part of the issues to be adjudicated by the courts. By the act of appending his signature to the result, he ceases to have any more power over the result.

Chebukati cannot assume that power.

[RV Pundit]

What if rogue or under-duress ROs bring in really manipulated results - do you want chebukaiti to just release them like a conveyor belt and tell those aggrieved to rush to court. I don't thinks so. What we need is transparency. There are agents everywhere. Whatever change is made - they need to be signed off.

At some point we will have to trust those hired to oversee election - from clerks to chebukati - there is really no other way around this.

He can supervise and do al that as long as he accepts that the result issued by the RO is NOT provisional, cannot be altered except by a court of law and that his is count (tally) and the figure he comes up with be the reflection of the results as released by ROs all over the country.

To eliminate errors especially of the mathematical type, let him hire only those who can count. What we cannot accept is for Chebukati to sit at Bomas and purport to "confirm", verify and authenticate results.

This is no different from what happens in the US where state officials conduct the elections and release the results. It is the TV networks that call the winner. If not he would have to wait several hours (which he does) to get the official result. It is never different from the one collected by networks from every state by the networks

People make errors. I don't know the process that has been used previously to correct say mathematical errors - but I would imagine - agents need to sign and logs need to be added.ROs need to verify presiding officers work - county manager need to verify RO work - and Chebukati need to verify everything. That is why they are commissioners.

upon what basis would a person in Nairobi purport to "correct" a result from Turkana? What information would he be having that is not available to the RO.

Then there is the lamest of excuses you come up with: Mathematical Error. This time is not a "Computer Error" worth billions to fill up the campaign chest!

I tell you what? If arithmetic is a general problem among the Kikuyu and Kalenjin (who represent 90% of the election officials), why not open it for diversity so other tribes not debilitated by this most unique distemper can even out the errors if not eliminate them? Are you kidding me or what? Is that the excuse to be used this time? That a man employed ostensibly because he has a degree or two and years of experience cannot count?

Here is how it works: Arithmetic errors are detected as the results are discussed with agents and polling officers. Once they are sorted out, the RO mounts the platform and announces the final polished product. It is the result of the wishes of the specific constituency to be transmitted to Nairobi to Chebukati.

Like the Constituency RO, who collected results from polling stations, his is to collect and tally constituency results. If there are arithmetic errors after announcement, he cannot purport to "correct" them. That is already part of the issues to be adjudicated by the courts. By the act of appending his signature to the result, he ceases to have any more power over the result.

Chebukati cannot assume that power.