So if I am RO of this bar - and I fill form 34 (C) - and claim more people are here than what IEBC have in the database - what do you think chebukati should do. The IEBC regulation say he verify. If that is not the case - I have heard they ask RO/Agents who accompanied him/her to get into a small room and figure that out - otherwise they have to reject that polling station.
If alteration are made or someone is allowed to vote while his name is not in register but PO believe he is or whatever...IEBC have AFFIDAVITS that XYZ will fill and sign. If for example RO re-do the maths in tallying center and discover indeed he made an error - he is given an affidavit to fill saying - explaining why.
I don't know why you want chebukati to just become conveyor belt of any crap.
First, there is problem with any "verify", and the present legal fisticuffs are partly about that. But that doesn't matter for our purposes here. So, to simplify this argument, let us accept that the IEBC has the power to verify whatever. Now, the standard definition of "verify" is that it means to "confirm", or "substantiate", or .... There is nothing in the definition includes any sort of remedial action. Therefore, at best, Chebukati may have the power to say (confirm) that the numbers add up or that they don't (not confirm). I don't see how that form or the bits of regulation you have given us gives him the power to reject anything, as you have claimed in:
All these are provisional until chebukaiti comb through - make sure they meet all criteria - for example if he discovers polling station x votes exceed the registered votes - and the RO didn't catch it - the law says - those votes have to be ignored.
In fact, there is actually no allowance in Form 34C for him to even indicate that he disagrees with any numbers.
Blue: I can't comment on what you have heard; I can only comment on what law says. Still, one of the things that should be prevented at all costs is that of someone in Nairobi being able to ask constituency returning officers to go into a small room and come up with new numbers.
You still repeat the claim that
otherwise they have to reject that polling station.
I thought we had gone through this. If by "they" you mean the constituency returning officers, then, yes, it appears that they have that power; and there is an explicit regulation to suggest that. But I have yet to see anything to support the claim that Chebukati and his Commission also have the same power.
I don't know why you want chebukati to just become conveyor belt of any crap.
It has nothing to do with what I want or anyone else wants. It is about what the law says (and to the extent that any such law is consistent with the constitution).
