The problem is that Jubilee and IEBC knows where their weaknesses are and have had enough time to destroy the primary evidence of the rigging. NASA will have to use some secondary evidence and but will probably rely heavily on circumstantial evidence to convince the court that there was rigging.
The the evidentiary standard that this court applies is therefore going to be very important. There is the stated evidentiary standard as stated by the law and then there is the "real" evidentiary standard applied by the judges. We must not forget that the evidence that CORD must submit to prove its case beyond reasonable doubt is and has always been in the custody of IEBC, therefore, for this court to be fair, once NASA has presented a prima facie case, the court must place a higher standard on IEBC to show that NASA's case is without merit.
IEBC is properly funded by tax payers not only to conduct free and fair elections but they must keep impeccably record because it is very foreseeable that its decisions will be contested given the very nature and history of presidential elections in Kenya. Accordingly, if IEBC comes up with unacceptable answers such as "they cannot find some Form 34a" OR "cannot explain why some 34a's are altered", some kind of of vague or unexplainable discrepancies, and suspicious omissions or commissions, this court must come very hard on them by nullifying this elections. Chubukati, the commissioners and the CEO are paid a lot of money and they must be held to a very high standard.
With Ruto in charge dont expect any change that will benefit all.
I know the voting went well but what happened after that?
I thought returning officers from each polling booth submitted their numbers. Were these changed???
And that is the question. The process of making the vote available, and collating of the ballots seemed open and fair (if you ignore the issues with dodgy polling stations), but the tallying and streaming at the NTC was where the magic happened. IEBC has worked hard over the last week doctoring and making the primary documents fit their narrative.
I am hopeful that NASA have this info and that they were wise to keep it to themselves to avoid evidence destruction.