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Forum => Kenya Discussion => Topic started by: Nowayhaha on August 12, 2022, 09:02:48 PM

Title: IEBC Cleverly refused to transmit Provisional Results. What does the law say ?
Post by: Nowayhaha on August 12, 2022, 09:02:48 PM
They are infact not transmittimg the results but announcing verified results.
By them not transmitting Provisional results arent they bypassing the law/constituion.
Will dig the elections act.


Title: Re: IEBC Cleverly refused to transmit Provisional Results. What does the law say ?
Post by: KenyanPlato on August 12, 2022, 09:11:44 PM
they are not under obligation to
Title: Re: IEBC Cleverly refused to transmit Provisional Results. What does the law say ?
Post by: Nowayhaha on August 12, 2022, 09:16:24 PM

Just read the elections act ,very shallow just talks of technology for transmission. Let me check the Constituion. I think Kriegler commision recomendations were explicit on the provisional transmission.

they are not under obligation to
Title: Re: IEBC Cleverly refused to transmit Provisional Results. What does the law say ?
Post by: Nowayhaha on August 12, 2022, 09:21:55 PM
Constituion also silent.


Quote
Voting

At every election, the Independent Electoral and Boundaries Commission shall ensure that—

(a)

whatever voting method is used, the system is simple, accurate, verifiable, secure, accountable and transparent;

(b)

the votes cast are counted, tabulated and the results announced promptly by the presiding officer at each polling station;

(c)

the results from the polling stations are openly and accurately collated and promptly announced by the returning officer; and

(d)

appropriate structures and mechanisms to eliminate electoral malpractice are put in place, including the safekeeping of election materials.

Title: Re: IEBC Cleverly refused to transmit Provisional Results. What does the law say ?
Post by: KenyanPlato on August 12, 2022, 09:25:08 PM
the act operationalizes the law. Scok..ruling in 2016 is the law ..read the ruling it is the law
Title: Re: IEBC Cleverly refused to transmit Provisional Results. What does the law say ?
Post by: Nowayhaha on August 12, 2022, 09:27:04 PM
Krigler report had captured it. The elections act should be amended to capture this. Seems after 2013 and 2017 experience they decided to do away with it. Which in itself is not a solution.

Quote
Without delay have developed
an integrated and secure tallying
and data transmission system.


Quote
In 2013, the IEBC’s electronic
results transmission system,
which was meant to allow polling
station results to be electronically
transmitted to tallying centres,
broke down midway through the
process. There were also
allegations that the system was
accessible to certain parties,
casting serious doubt on its
reliability.
In this election cycle, the IEBC’s
integrated elections management
system is also designed to allow
the Commission to digitally
record results from the polling
station and transmit them to
tallying centres. It remains to be
seen how well this works.
Title: Re: IEBC Cleverly refused to transmit Provisional Results. What does the law say ?
Post by: KenyanPlato on August 12, 2022, 09:37:39 PM
Kriegler is not a precedent or legal document it is a report by a commission cok2010 incorporated some of the kriegler recommendations
Title: Re: IEBC Cleverly refused to transmit Provisional Results. What does the law say ?
Post by: Nowayhaha on August 12, 2022, 10:03:46 PM

Krigler commision was made because of ECK mishandling 2007. One reason is that media houses out did ECK in reporting the reaults.
If it recomended for transmission of provisional results then that should be incorporated in the laws and implemented.
In 2013 and 2017 the transmission is what allayed rigging claims we had an idea who had won the elections as we awaited official results.
Right now there is a vacum , everyone is throwing his numbers and declaring their favorite Presidential candidates as winners similar situation like 2007. You can see the commotion in Bomas Im very sure by tomorrow things will be hectic.

Kriegler is not a precedent or legal document it is a report by a commission cok2010 incorporated some of the kriegler recommendations
Title: Re: IEBC Cleverly refused to transmit Provisional Results. What does the law say ?
Post by: Stockguru on August 12, 2022, 10:14:56 PM
You very difficult person to explain things to. Kriegler has been passed by events and it is no longer relevant in Kenya electoral laws

The current laws must adhere to magara ruling. it didnt prohibit provisional results but it said they are not necessary and are not part of verification needed

IEbc is now concentration on verification needs to make sure elections are credible and verifiable
Title: Re: IEBC Cleverly refused to transmit Provisional Results. What does the law say ?
Post by: Nowayhaha on August 12, 2022, 10:21:45 PM
I have understood you , My point is for the elections act to be amended.(It was amended in 2016) . What is the purpose of the legislature then.

You very difficult person to explain things to. Kriegler has been passed by events and it is no longer relevant in Kenya electoral laws

The current laws must adhere to magara ruling. it didnt prohibit provisional results but it said they are not necessary and are not part of verification needed

IEbc is now concentration on verification needs to make sure elections are credible and verifiable
Title: Re: IEBC Cleverly refused to transmit Provisional Results. What does the law say ?
Post by: Stockguru on August 12, 2022, 10:28:56 PM
I have understood you , My point is for the elections act to be amended.(It was amended in 2016) . What is the purpose of the legislature then.

You very difficult person to explain things to. Kriegler has been passed by events and it is no longer relevant in Kenya electoral laws

The current laws must adhere to magara ruling. it didnt prohibit provisional results but it said they are not necessary and are not part of verification needed

IEbc is now concentration on verification needs to make sure elections are credible and verifiable
Provisional results are not necessary. May the thing we need to expedite is the verification process.
Title: Re: IEBC Cleverly refused to transmit Provisional Results. What does the law say ?
Post by: Nowayhaha on August 12, 2022, 10:32:34 PM

My view is that Verification is a vigorous process . Provisional results are just that provisional results . They should be transmitted as we await final verified results. It should be a sytem it will do away with wait and secondly avoid any mischief.


I have understood you , My point is for the elections act to be amended.(It was amended in 2016) . What is the purpose of the legislature then.

You very difficult person to explain things to. Kriegler has been passed by events and it is no longer relevant in Kenya electoral laws

The current laws must adhere to magara ruling. it didnt prohibit provisional results but it said they are not necessary and are not part of verification needed

IEbc is now concentration on verification needs to make sure elections are credible and verifiable
Provisional results are not necessary. May the thing we need to expedite is the verification process.
Title: Re: IEBC Cleverly refused to transmit Provisional Results. What does the law say ?
Post by: Nowayhaha on August 12, 2022, 10:48:55 PM
Kidnapping of IEBC officials(RO)  now happening.
Embakasi East. (East African School of Aviation ) a Mr Musyoka.

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Title: Re: IEBC Cleverly refused to transmit Provisional Results. What does the law say ?
Post by: KenyanPlato on August 13, 2022, 12:53:10 AM
Kidnapping of IEBC officials(RO)  now happening.
Embakasi East. (East African School of Aviation ) a Mr Musyoka.

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the govt is cracking down on rogue ROS