IEBC Appeal Over Presidental Result

[Kim Jong-Un's Pajama Pants]

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A bit of a head-scratcher here. 

How I understand the previous judgement:

That the results announced at lower levels are final and cannot be changed in Nairobi by IEBC. 

But IEBC says:

This is in error because only the chairman of the commission can declare the total Presidential election results. 

I don't see anything in the previous ruling that prevents him from doing this.  What I see is that the total he gets to declare must be reflected in the results at the lower level.   

What is wrong with that?  Am I missing something?  Is the IEBC supposed to be able to change the certified results announced at the polling stations?  Am I crazy if I think this is an appeal for power to change the outcome of the election from Nairobi?  Why else would the IEBC want to change certified results?

http://www.nation.co.ke/news/politics/Nasa-issues-ultimatum-over-presidential-election-results/1064-3911444-97uwxd/index.html

[Omollo]

Termie

You are close to the point. The IEBC lacks a sensible explanation. They are being forced to appeal. Remember when Yusuf Haji was forced to appeal the anti-Provincial Administration judgment by forces that were sure would arm twist the court of appeal?

Maina Kiai and others went to court to demand that the presidential election results for each constituency as declared by RO are final and cannot be altered, changed, amended, added to, subtracted from etc by any body. They said that in case of a discrepancy the matter should form part of an election petition as it would have become a dispute that the law only grants the courts the powers to determine.

We have had cases where results have been amended at the Bomas Tallying Center. During the ECK days we saw how that was blatantly done with Central results withheld until those from ODM areas had come in to allow them a Tharaka-Nithi.

This judgment effectively restates the law and is in line with common sense. A person in Nairobi cannot "correct" results in Busia. Any such correction would just be cheating.

The IEBC wants to "restore" (it has no such) powers to amend results.

That is why NASA says going to elections under a body that would pull figures out of the air and announce them as "results" while dumping the real results from the Returning Officers would be the same as walking in to a Refiners fire and hoping to walk out alive.

I leave with A Refiners Fire aria from Handel's Messiah. It is actually labeled "But Who May Abide":

A bit of a head-scratcher here. 

How I understand the previous judgement:

That the results announced at lower levels are final and cannot be changed in Nairobi by IEBC. 

But IEBC says:

This is in error because only the chairman of the commission can declare the total Presidential election results. 

I don't see anything in the previous ruling that prevents him from doing this.  What I see is that the total he gets to declare must be reflected in the results at the lower level.   

What is wrong with that?  Am I missing something?  Is the IEBC supposed to be able to change the certified results announced at the polling stations?  Am I crazy if I think this is an appeal for power to change the outcome of the election from Nairobi?  Why else would the IEBC want to change certified results?

[RV Pundit]

Make sense. I guess that leave IEBC commisioners pretty powerless after they've appointed ROs. I think we should trial this - and see how it goes.

Termie

You are close to the point. The IEBC lacks a sensible explanation. They are being forced to appeal. Remember when Yusuf Haji was forced to appeal the anti-Provincial Administration judgment by forces that were sure would arm twist the court of appeal?

Maina Kiai and others went to court to demand that the presidential election results for each constituency as declared by RO are final and cannot be altered, changed, amended, added to, subtracted from etc by any body. They said that in case of a discrepancy the matter should form part of an election petition as it would have become a dispute that the law only grants the courts the powers to determine.

We have had cases where results have been amended at the Bomas Tallying Center. During the ECK days we saw how that was blatantly done with Central results withheld until those from ODM areas had come in to allow them a Tharaka-Nithi.

This judgment effectively restates the law and is in line with common sense. A person in Nairobi cannot "correct" results in Busia. Any such correction would just be cheating.

The IEBC wants to "restore" (it has no such) powers to amend results.

That is why NASA says going to elections under a body that would pull figures out of the air and announce them as "results" while dumping the real results from the Returning Officers would be the same as walking in to a Refiners fire and hoping to walk out alive.

I leave with A Refiners Fire aria from Handel's Messiah. It is actually labeled "But Who May Abide":

A bit of a head-scratcher here. 

How I understand the previous judgement:

That the results announced at lower levels are final and cannot be changed in Nairobi by IEBC. 

But IEBC says:

This is in error because only the chairman of the commission can declare the total Presidential election results. 

I don't see anything in the previous ruling that prevents him from doing this.  What I see is that the total he gets to declare must be reflected in the results at the lower level.   

What is wrong with that?  Am I missing something?  Is the IEBC supposed to be able to change the certified results announced at the polling stations?  Am I crazy if I think this is an appeal for power to change the outcome of the election from Nairobi?  Why else would the IEBC want to change certified results?

[Omollo]

What power could they possibly need that would not be abused? The power to amend constituency results?

Bomas is a tallying centre to received results and tally them and then issue a certificate to the winner. The IEBC has powers in the conduct of elections. They should exercise that to the full. When it comes to issues associated with figures they have received from the RO, they cannot amend. Explain to me under what circumstances can the IEBC amend results from Kapedo? The law allows them many avenues but none provides for adjustments or whatever euphemism Isaac Chickens Hassan said.
 

Make sense. I guess that leave IEBC commisioners pretty powerless after they've appointed ROs. I think we should trial this - and see how it goes.

Termie

You are close to the point. The IEBC lacks a sensible explanation. They are being forced to appeal. Remember when Yusuf Haji was forced to appeal the anti-Provincial Administration judgment by forces that were sure would arm twist the court of appeal?

Maina Kiai and others went to court to demand that the presidential election results for each constituency as declared by RO are final and cannot be altered, changed, amended, added to, subtracted from etc by any body. They said that in case of a discrepancy the matter should form part of an election petition as it would have become a dispute that the law only grants the courts the powers to determine.

We have had cases where results have been amended at the Bomas Tallying Center. During the ECK days we saw how that was blatantly done with Central results withheld until those from ODM areas had come in to allow them a Tharaka-Nithi.

This judgment effectively restates the law and is in line with common sense. A person in Nairobi cannot "correct" results in Busia. Any such correction would just be cheating.

The IEBC wants to "restore" (it has no such) powers to amend results.

That is why NASA says going to elections under a body that would pull figures out of the air and announce them as "results" while dumping the real results from the Returning Officers would be the same as walking in to a Refiners fire and hoping to walk out alive.

I leave with A Refiners Fire aria from Handel's Messiah. It is actually labeled "But Who May Abide":

A bit of a head-scratcher here. 

How I understand the previous judgement:

That the results announced at lower levels are final and cannot be changed in Nairobi by IEBC. 

But IEBC says:

This is in error because only the chairman of the commission can declare the total Presidential election results. 

I don't see anything in the previous ruling that prevents him from doing this.  What I see is that the total he gets to declare must be reflected in the results at the lower level.   

What is wrong with that?  Am I missing something?  Is the IEBC supposed to be able to change the certified results announced at the polling stations?  Am I crazy if I think this is an appeal for power to change the outcome of the election from Nairobi?  Why else would the IEBC want to change certified results?

[Kichwa]

This why NASA is wondering why IEBC is appealing this ruling when they have better things to do.  If they are being forced by Jubilee to file this appeal and thy are doing it then they are already compromised. IEBC should conduct a free and fair elections then let the chips fall where they may. We do not need IEBC to do simple arithmetic. We can all add together as the results come in and then they can conduct the ceremony of issuing the certificate. What else do they want? 

[Omollo]

This why NASA is asking IEBC why they are appealing this ruling. If they are being forced by Jubilee to file this appeal they they are already compromised. IEBC should conduct a free and fair elections then let the chips fall where they may. We can all add together as the results come in and they can conduct the ceremony of issuing the certificate. What else do they want? 

Well that is why they are against NASA's tallying center. If NASA were to broadcast results announced at polling stations and allow people to calculate for themselves, it would undermine the "adjustments" at Bomas.

The NIS recruited ROs and Polling Officers are supposed to withhold the results and then transmit when told to only those that the NIS will feed them. Now if they had already announced the results been video.taped and the real figures known around the world, won't that make the NIS job a bit difficult?

That is why Ruto and Uhuru are no longer celebrating the Digital Kenya. They were making fun of Kenyans about it. They were in fact telling us to our faces that the result will be altered "digitally" to make them winners and we never figured out. Now we on to them, there is total panic.

• They lost their link to the IEBC database and are trying hard to regain it
• The disabled the Biometrics and unique ID number in the database to allow multiple registration in Central and that is now a headache as the auditors demand the frauds removed and Jubilee resists. NASA is watching and keeping tabs. If KPMG relents and accepts to play nyooba / Uthamaki politics, they will file for bankruptcy like Arthur Andersen
• We now have a full list of their NIS trained ROs and POs
• They are trying to sabotage the BVR kits to allow manual voting