The judgement touches on the issues of law as well as the integrity of the process. Once the ruling is out, I'm certain it will be vigorously debated whether the elections were really held contrary to the constitution. That bit doesn't concern me at all, I'll leave that to legal minds, and I can assure you that even there,there will never be any consensus.
What concerns me is the integrity bit. In short,the results were hopelessly unreliable. Babu did not go to court because of a principle called integrity; he went there because he felt whatever lacked in the election disadvantaged him. The court just aksin IEBC to remedy that and repeat. So if they did and he still lost,the remedy never disadvantaged Babu in the first place. It's only the Court imagined they did.
I see. But if Baba went to court to complain of problems that he felt disadvantaged him and the court asked IEBC to fix them and they did and he still lost, the conclusion is Raila imagined it, not the court. Its like if you complain to a referee that a goal is wrongly scored and he sees yes, the scorer was ahead of the ball on the other side and cancels it. If you score again the next minute without flouting the rules, it will not mean the referee made the wrong call the first time.
No. The issues were real but not big or serious enough to disadvantage him.
Babu has severally claimed he was rigged out. He went to court to get justice, another shot in a fairer fashion. The courts bought his narrative. Imagine if Uhuru got exact same votes he got while Babu concedes. Do you honestly wish to tell me you won't have second thoughts on merits of his petition?
4 vs 2, who was right? Was invalidation well founded or was it populist?
The converse is true. If Uhunye loses miserably say gets 44% while Babu grabs 54%, the whole world will say Maraga saw irregularities, overturned the election,and the rerun proves it.
Look at the ruling without your legal shades. Look at an ordinary voter persuaded Babu's victory was robbed,goes back to the ballot and Babu loses. What does he make of this? It's a fat lie that Babu's victory was stolen. Maraga gave Babu a second chance he never deserved.
Your analogy is deeply flawed; scoring is highly probabilistic (1001 factors work into a goal) unlike elections which are deterministic(voting patterns don't shift in days) especially when repeated so closely. Yes,no election is like the other but there is no reasonable expectation of serious deviation