Section 83,Elections Act

[vooke]

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I've heard petitions stand or fall on Section 83

83. Non Compliance with the Law
No election shall be declared to be void by reason of non-compliance with any written law relating to that election if it appears that the election was conducted in accordance with the principles laid down in the Constitution and in that written law or that the non-compliance did not affect the result of the election.

https://www.iebc.or.ke/uploads/resources/ymP8N4T4oa.pdf

NASWA needs really MBIG set of facts/evidence to get past this

[GeeMail]

Announcement of the winner was based on digital tujifalangalanga hot air rather than the constitutional one man one vote. That is material enough to overturn an election.

[vooke]

Announcement of the winner was based on digital tujifalangalanga hot air rather than the constitutional one man one vote. That is material enough to overturn an election.

Should be a walk over in that case

[Kichwa]

I think that is common knowledge.  The evidence must be substantial, clear and convincing.  This is why NASA was debating whether to go to court.  If the standard was a mere preponderance of evidence then we would be preparing for a rerun.  I think NASA can meet the standard of substantial/clear and convincing evidence because I think they can show at a minimum that Uhuru did not get 50 plus one.  My fear is that the judges may confuse or deliberately  apply the highest  standard only used in criminal law "Beyond reasonable doubt".  NASA lawyers must spend a lot of time dealing with the standard of proof by citing several cases all over the world and giving examples of what they have to proof to overturn this travesty of justice.  This will put the judges on notice that the country and the world is watching how they deal with this case.

I've heard petitions stand or fall on Section 83

83. Non Compliance with the Law
No election shall be declared to be void by reason of non-compliance with any written law relating to that election if it appears that the election was conducted in accordance with the principles laid down in the Constitution and in that written law or that the non-compliance did not affect the result of the election.

https://www.iebc.or.ke/uploads/resources/ymP8N4T4oa.pdf

NASWA needs really MBIG set of facts/evidence to get past this

[vooke]

I think that is common knowledge.  The evidence must be substantial, clear and convincing.  This is why NASA was debating whether to go to court.  If the standard was a mere preponderance of evidence then we would be preparing for a rerun.  I think NASA can meet the standard of substantial/clear and convincing evidence because I think they can show at a minimum that Uhuru did not get 50 plus one.  My fear is that the judges may confuse or deliberately  apply the highest  standard only used in criminal law "Beyond reasonable doubt".  NASA lawyers must spend a lot of time dealing with the standard of proof by citing several cases all over the world and giving examples of what they have to proof to overturn this travesty of justice.  This will put the judges on notice that the country and the world is watching how they deal with this case.

I've heard petitions stand or fall on Section 83

83. Non Compliance with the Law
No election shall be declared to be void by reason of non-compliance with any written law relating to that election if it appears that the election was conducted in accordance with the principles laid down in the Constitution and in that written law or that the non-compliance did not affect the result of the election.

https://www.iebc.or.ke/uploads/resources/ymP8N4T4oa.pdf

NASWA needs really MBIG set of facts/evidence to get past this

It's not common. If it were,NASWA would be busy elsewhere other than poring  the portal. No amount of errors bordering on stupidity on the portal counts, yet that's all they are murmuring about.

We'll find out a few hours from now when they file their petition

[vooke]

STATEMENT ON THE FILING OF A PETITION BY RT HON RAILA O. ODINGA AND H.E STEPHEN KALONZO MUSYOKA AT THE SUPREME COURT, NAIROBI
August 18, 2017
This petition has been filed by the presidential candidate for the National Super Alliance, (NASA)  Rt Hon Raila Amolo Odinga, and his running mate, H.E Stephen Kalonzo Musyoka.

They have moved to court on the basis of specific irregularities that they have identified, which include numerous instances when their ticket was denied votes and others in which their competitor, Uhuru Kenyatta had undeserved votes added to his total.

Even though NASA agents in Rift Valley and Central Kenya regions were removed from polling stations and replaced by imposters who were caused to create fictitious names and sign blank result forms, the coalition has a substantial evidence of what transpired throughout the country.

There are 443 instances of un-gazetted polling stations, Forms 34A that are filled out in the same handwriting, blank forms, and others that have a polling station, names and details of agents as well as their signatures but are in spaces meant to show results. Votes cast for president (15,588,038) exceeded those for governors (15,098,646) and Members of the National Assembly (15,008,818) by 482,202 and 567,517 ballots respectively.

[vooke]

The petition
https://drive.google.com/file/d/0B2rMMQJiqMB8VVBOb1NEcjBlUEE/view?usp=drivesdk

[vooke]

Nasa still filing documents at the Supreme Court? #2017Scork pic.twitter.com/biMQwJmwP8

— -Dennis Itumbi, CBS (@OleItumbi) August 20, 2017

[vooke]

NASWA is mighty scared

[RV Pundit]

They need to relax like jubilee has behaved for months now unless you have no facts

[Kichwa]

I think we are going beyond elections now. The entire system is rigged to favor two tribes and folks are starting to think outside that stifling box.

They need to relax like jubilee has behaved for months now unless you have no facts

[vooke]

I think we are going beyond elections now. The entire system is rigged to favor two tribes and folks are starting to think outside that stifling box.

They need to relax like jubilee has behaved for months now unless you have no facts

So why are they still belching statements on the elections?

Why not abandon the petition altogether?

[Kim Jong-Un's Pajama Pants]

I think we are going beyond elections now. The entire system is rigged to favor two tribes and folks are starting to think outside that stifling box.

They need to relax like jubilee has behaved for months now unless you have no facts

So why are they still belching statements on the elections?

Why not abandon the petition altogether?

They won't move on, could be the simple explanation.

[vooke]

I think we are going beyond elections now. The entire system is rigged to favor two tribes and folks are starting to think outside that stifling box.

They need to relax like jubilee has behaved for months now unless you have no facts

So why are they still belching statements on the elections?

Why not abandon the petition altogether?

They won't move on, could be the simple explanation.

Going 'beyond elections' is moving on, petition is 'won't move on'

[Kim Jong-Un's Pajama Pants]

I think we are going beyond elections now. The entire system is rigged to favor two tribes and folks are starting to think outside that stifling box.

They need to relax like jubilee has behaved for months now unless you have no facts

So why are they still belching statements on the elections?

Why not abandon the petition altogether?

They won't move on, could be the simple explanation.

Going 'beyond elections' is moving on, petition is 'won't move on'

How do I understand it?  They won't stop at elections. 

[vooke]

I think we are going beyond elections now. The entire system is rigged to favor two tribes and folks are starting to think outside that stifling box.

They need to relax like jubilee has behaved for months now unless you have no facts

So why are they still belching statements on the elections?

Why not abandon the petition altogether?

They won't move on, could be the simple explanation.

Going 'beyond elections' is moving on, petition is 'won't move on'

How do I understand it?  They won't stop at elections. 

How I understand it, whatever they do is irrelevant. They may downplay the the petition, but that's just about all their hopes hinge on.

[vooke]

What is the purpose of this statement?
That NASWA's petition stands or falls on authenticity of these 14K forms 34A?

[RV Pundit]

Why are they panicking. The rubber will meet the road next week.

What is the purpose of this statement?
That NASWA's petition stands or falls on authenticity of these 14K forms 34A?

[vooke]

Another NASWA statement from an extremely junior thug. Parliament should ONLY sit after the petition,and anything else is 'psychological warfare'

[RV Pundit]

Hopefully there is some loophole to escape swearing in otherwise they might loose their seats.