Ok, so applying both tests, you determine that millions of votes are those you can't vouch for. You tell them to go back and vote. It turns out pretty much the same as before but this time there are no irregularities and you can vouch for them. How does that make your first decision bad? The fact that as a human being without visions of the future, you had no way to tell at that time that they were genuine?
The answer is simple; I thought the irregularities materially affected the outcome but now with the benefit of hindsight they didn't.
So a judge is supposed to make his decision NOW based on knowledge he will acquire in future through "hindsight"?
Hope you drive.
In July I drove from Busia through Kapsabet and Nandi Hills in the dead of the night on my way back to NBO. Nandi Hills are no joke,just steep and winding unending slopes. I felt the same feeling approaching Salgaa. It rained throughout from Kakamega-Kisumu road to Nakuru. So imagine driving in the rain ina totally new road at night.....and using Google maps (I picked the shortest route to NBO at 456KM)
At some point I freaked and decided to trail a matatu. It was too slow and I bid my time till a newer one overtook me. I chased it all the way to Kapsabet. Driver panicked and thought thugs was after him so he drove into a petrol station.
Driving down the corners at crazy speeds was dizzying but exhilarating. Biggest fear was veering off the corners and of course unmarked bumps and pot holes. I felt if the matatu could negotiate a curve and remain on it's four so could I.
Supposing I took a curve at high speed and veered off thanks to centrifugal forces. I was not suicidal and I honestly thought my speed was safe,but in tetrospect it wasn't. The fact that I veered off it proof I underestimated the curve. I didn't veer off so my calculations were nigh perfect. Again I can only say this because I survived the ordeal.
That's what I'm saying. We will test SCOK (I drop Maraga because it seems to annoy you) ruling by a future event called rerun just as we tested my judgement by a future event called, arriving in one piece.
4 say x,2 say y. Rerun will be the arbiter. Remember it's not whether there were illegalities and irregularities but whether these materially affected expression of the will of the people at the ballot. The probality of a free and fair election resulting in exact same outcome as one anything but free and fair is next to nil in my opinion