Chebukati's Tough Memo to Chiloba

[vooke]

There's a desperate belief that 54% was stuffed. To reasonably support NASWA, that's a minimum requirement

It was proven in court beyond doubt. What is your point?

What part of the ruling are you reading this.

It was one of NASWA charges. The final ruling will bear this out. For now, maybe it was, maybe it wasn't. If I supported NASWA, I'd cross my gonads that it was inflated to have a realistic chance at the rerun

[Omollo]

I do not have to read it anywhere in the judgment, do I? NASA presented evidence among others supporting the 54% algorithm. This came under the broad effort to prove the IEBC bungled the poll. The 54% came as a result - not of voting - but result transmission.

As to whether there were irregularities and illegalities committed in the conduct of the 2017 Presidential Election,
the court was satisfied that the 1st Respondent committed irregularities and illegalities inter alia, in the transmission of results,

It was proven in court beyond doubt. What is your point?

What part of the ruling are you reading this.

It was one of NASWA charges. The final ruling will bear this out. For now, maybe it was, maybe it wasn't. If I supported NASWA, I'd cross my gonads that it was inflated to have a realistic chance at the rerun
[/quote]

[vooke]

I do not have to read it anywhere in the judgment, do I? NASA presented evidence among others supporting the 54% algorithm. This came under the broad effort to prove the IEBC bungled the poll. The 54% came as a result - not of voting - but result transmission.

As to whether there were irregularities and illegalities committed in the conduct of the 2017 Presidential Election,
the court was satisfied that the 1st Respondent committed irregularities and illegalities inter alia, in the transmission of results,

It was proven in court beyond doubt. What is your point?

What part of the ruling are you reading this.

It was one of NASWA charges. The final ruling will bear this out. For now, maybe it was, maybe it wasn't. If I supported NASWA, I'd cross my gonads that it was inflated to have a realistic chance at the rerun

[/quote]
There's clear charge of Uhuru misusing state resources, and another of stuffing in his favour. The full judgement will respond to these.

Anything else you read is embellished

[Kim Jong-Un's Pajama Pants]

It still beats me why Uhuru's lawyers in their defence sided with IEBC every time and wept louder thanthe bereaved. With hindsight one can rightfully argue that Respondent#3 orchestrated the fraud in order to benefit and actually did benefit from it. The summary of it is that by so doing, if indeed it had the so called tyranny of nunbers, Respondent#3 shot himself in the foot by attaching his numbers to a fumbled, bungled, mangled election process.

Because the result favored them.  Anything that risked that was to be opposed.  What is puzzling is their support for IEBC in its current dysfunctional state.

[vooke]

It still beats me why Uhuru's lawyers in their defence sided with IEBC every time and wept louder thanthe bereaved. With hindsight one can rightfully argue that Respondent#3 orchestrated the fraud in order to benefit and actually did benefit from it. The summary of it is that by so doing, if indeed it had the so called tyranny of nunbers, Respondent#3 shot himself in the foot by attaching his numbers to a fumbled, bungled, mangled election process.

Because the result favored them.  Anything that risked that was to be opposed.  What is puzzling is their support for IEBC in its current dysfunctional state.

Nothing puzzling; they assume IEBC is in their pockets or a broken IEBC is better than nothing

[Kadame7]

It still beats me why Uhuru's lawyers in their defence sided with IEBC every time and wept louder thanthe bereaved. With hindsight one can rightfully argue that Respondent#3 orchestrated the fraud in order to benefit and actually did benefit from it. The summary of it is that by so doing, if indeed it had the so called tyranny of nunbers, Respondent#3 shot himself in the foot by attaching his numbers to a fumbled, bungled, mangled election process.

Because the result favored them.  Anything that risked that was to be opposed.  What is puzzling is their support for IEBC in its current dysfunctional state.

Correction: their support of the anti-reformist side or at least their blocking of the attempts at a cleanup. Especially considering that they are supposed to be the most negatively affected by IEBC's "fumbling".

[Kim Jong-Un's Pajama Pants]

It still beats me why Uhuru's lawyers in their defence sided with IEBC every time and wept louder thanthe bereaved. With hindsight one can rightfully argue that Respondent#3 orchestrated the fraud in order to benefit and actually did benefit from it. The summary of it is that by so doing, if indeed it had the so called tyranny of nunbers, Respondent#3 shot himself in the foot by attaching his numbers to a fumbled, bungled, mangled election process.

Because the result favored them.  Anything that risked that was to be opposed.  What is puzzling is their support for IEBC in its current dysfunctional state.

Nothing puzzling; they assume IEBC is in their pockets or a broken IEBC is better than nothing

It is puzzling.  Because they blame IEBC for the problems that negatively impacted them in the petition.

[Kim Jong-Un's Pajama Pants]

It still beats me why Uhuru's lawyers in their defence sided with IEBC every time and wept louder thanthe bereaved. With hindsight one can rightfully argue that Respondent#3 orchestrated the fraud in order to benefit and actually did benefit from it. The summary of it is that by so doing, if indeed it had the so called tyranny of nunbers, Respondent#3 shot himself in the foot by attaching his numbers to a fumbled, bungled, mangled election process.

Because the result favored them.  Anything that risked that was to be opposed.  What is puzzling is their support for IEBC in its current dysfunctional state.

Correction: their support of the anti-reformist side or at least their blocking of the attempts at a cleanup. Especially considering that they are supposed to be the most negatively affected by IEBC's "fumbling".

Yes.  Even more puzzling that they do not want IEBC to fix what they readily admit are IEBC's faults.

[Kichwa]

I never understood and it seems the SCOK judges never understood/accepted Jubilee's argument that the numbers were correct but what failed was the transmission. The transmission gadgets transmitted the data that was feed to them.  The issue here is whether the data was manipulated. It is now clear that it was and the SCOK agreed by declaring the elections null and void. So far their is no evidence in the failure of technology.  The only complaint is that the technology was not used, under used or manipulated.

You're making a big deal about failure of technology. It doesn't impugne the content of PHYSICAL form 34s As. One of explanation I have seen is that Telkom (the company) failed to transmit while Safaricom & Airtel did a good job. If KIEMS kit failed - there was a manual backup - which involves delivering the physical forms.

Some people are incorrigible:

The form 34 are not just pieces of paper. They exist by law for a specific purpose. They have a lifespan dictated by law. First they are designated and designed by specifications set by the IEBC based on certain considerations. In this case possible fraud required that they have security features. That in effect permanently removed the possibility of using a textbook (acceptable as it may to others!)

The form is delivered and signed for and its serial number and other features noted. It has the names of the candidates PRINTED in a prescribed uniform manner - something that proved useful in detecting fraud this year!

On use, it is filled in with prescribed information, agents signatures obtained or the absence of explained, totals entered and finally the owner of the document - be it returning officer or Presiding Officer - appends his / her signature and other security provisions be it a rubber stamp or secret number etc.

The law requires that the form be transmitted electronically. It is scanned and then transmitted.

Any variation from the above is illegal. If a different form is used the information on it is invalid. It is possible for the IEBC to provide replacements or probably two or more copies where the unused is surrendered, accounted for before the announcement of results.

The Chairman's letter reflects the findings in court based on evidence which was NOT contradicted.

As for numbers, when I wrote about nearly 5 million votes I was ridiculed. How can one say anybody won when 5 million votes cannot be accounted for?:

[Kim Jong-Un's Pajama Pants]

I never understood and it seems the SCOK judges never understood/accepted Jubilee's argument that the numbers were correct but what failed was the transmission. The transmission gadgets transmitted the data that was feed to them.  The issue here is whether the data was manipulated. It is now clear that it was and the SCOK agreed by declaring the elections null and void. So far their is no evidence in the failure of technology.  The only complaint is that the technology was not used, under used or manipulated.

If there was failure, it was not raised by IEBC.  The window for that to sell is now somewhere in the past.

[Omollo]

I never understood and it seems the SCOK judges never understood/accepted Jubilee's argument that the numbers were correct but what failed was the transmission. The transmission gadgets transmitted the data that was feed to them.  The issue here is whether the data was manipulated. It is now clear that it was and the SCOK agreed by declaring the elections null and void. So far their is no evidence in the failure of technology.  The only complaint is that the technology was not used, under used or manipulated.

[Omollo]

The information available shows that Chiloba and Muhato switched off the most part of the KIEMS. They operated with something else.

[Kichwa]

They are deliberately misleading their followers with this argument and I am tired of hearing them parroting it without thinking. Its like one caught lying about ones age then one arguing that it is his mouth/tongue/vocal cords that failed to transmit the correct information.

I never understood and it seems the SCOK judges never understood/accepted Jubilee's argument that the numbers were correct but what failed was the transmission. The transmission gadgets transmitted the data that was feed to them.  The issue here is whether the data was manipulated. It is now clear that it was and the SCOK agreed by declaring the elections null and void. So far their is no evidence in the failure of technology.  The only complaint is that the technology was not used, under used or manipulated.

[Omollo]

Thanks for the Otiende Youtubes. I had to run out of Church (I do escort someone on Saturday to Maraga's Church) when I started watching Muite and Macharia fumbling.

The IEBC stated in court that ALL the electronically transmitted results were NOT results. Count how many votes those are.

I really have no idea how they expected to win that case, do you? When you present a lousy case, you lose. That is the written law.

They are deliberately misleading their followers with this argument and I am tired of hearing them parroting it without thinking. Its like one caught lying about ones age then one arguing that it is his mouth/tongue/vocal cords that failed to transmit the correct information

[bryan275]

The information available shows that Chiloba and Muhato switched off the most part of the KIEMS. They operated with something else.

That third server you mentioned here before?  Apparently the GPRS of the KIEMS would have prove that some of them were trasmitting from hotels in NBO, and those dodgy polling stations.

[Kichwa]

Chebuketi's memo is an admission that he like kiviutu in 2007 did not know who won.  You wonder why he announced the results if he did not have all the 34a's.  At least Kiviutu told us that he was forced. He said the men who picked him up to make the announcement should have never been born.  Chebuketi needs to tell us why he made the premature declaration that ouru had won without verification.  Did the same men came to see him.  Ouru was cleared by the court for wrong doing but it is very hard to believe that IEBC acted alone.

The information available shows that Chiloba and Muhato switched off the most part of the KIEMS. They operated with something else.

That third server you mentioned here before?  Apparently the GPRS of the KIEMS would have prove that some of them were trasmitting from hotels in NBO, and those dodgy polling stations.

[Omollo]

KM

Find and post the video of Chebukati declaring the results. You will notice many things that will shine some light on what happened. Note the people going to obtain the signatures.... Note him stammering when he realizes that Mombasa has 0 (ZERO) spoilt votes. There is no democracy anywhere on earth where more than 10 people ^vote and you find 0 spoilt votes.

Deviation: Spoilt votes cannot be ignored. The case for these must be made strongly. People in many democracies use spoilt, blank or rejected votes to make a political point that cannot be ignored in a country whose constitution guarantees public participation and sovereignty to "the people".
https://en.wikipedia.org/wiki/Spoilt_vote

Chebuketi's memo is an admission that he like kiviutu in 2007 did not know who won.  You wonder why he announced the results if he did not have all the 34a's.  At least Kiviutu told us that he was forced. He said the men who picked him up to make the announcement should have never been born.  Chebuketi needs to tell us why he made the premature declaration that ouru had won without verification.  Did the same men came to see him.  Ouru was cleared by the court for wrong doing but it is very hard to believe that IEBC acted alone.

The information available shows that Chiloba and Muhato switched off the most part of the KIEMS. They operated with something else.

That third server you mentioned here before?  Apparently the GPRS of the KIEMS would have prove that some of them were trasmitting from hotels in NBO, and those dodgy polling stations.

[vooke]

Chebuketi's memo is an admission that he like kiviutu in 2007 did not know who won.  You wonder why he announced the results if he did not have all the 34a's.  At least Kiviutu told us that he was forced. He said the men who picked him up to make the announcement should have never been born.  Chebuketi needs to tell us why he made the premature declaration that ouru had won without verification.  Did the same men came to see him.  Ouru was cleared by the court for wrong doing but it is very hard to believe that IEBC acted alone.

KM,
Tell you what, I have no idea why despite what you just said,which is clear from the memo,NASWA are still somewhat convinced Chebukati is clean and Chilobye ain't.

I started a thread on IEBC's structure of commission and secretariat and apart from poking holes at it, i wanted a discourse on who takes the flak for the invalidation. I think as it stands, it is next to impossible to blame one and not the other commissioner,or either secretariat or commissioners because their jobs overlap.

[Kim Jong-Un's Pajama Pants]

The information available shows that Chiloba and Muhato switched off the most part of the KIEMS. They operated with something else.

That third server you mentioned here before?  Apparently the GPRS of the KIEMS would have prove that some of them were trasmitting from hotels in NBO, and those dodgy polling stations.

It's safe to say most polling stations KIEMS transmitted the results electronically.  I haven't heard any complaints of a problem there.  It's also true that the results were not received on the server that IEBC reluctantly granted access to.

The POs were firing off the results and scans to somewhere.  Was there more than one server?  Did IEBC grant access to the wrong server in response to SCOK's order?  It's all so vague that only a full ICT audit - not just server access - is called for, ideally after the entire ICT department leadership is fired.

[Kichwa]

NASA's knows that they cannot get rid of the Commission within 60 days so they are stuck with a band aid solution that Chebukati has hatched as the only politically viable solution.  The only way to resolve this problem properly is for some kind of an arrangement with Jubilee, where a version of nusu makate is put in place for a period of six months to one year to make the necessary changes before election.  There is no political will for this kind of a solution and therefore it seems that the Chebukati hybrid plan is the only one viable. If NASA wins, you will see a lot of changes in the electoral process but if Jubilee wins, there will be no appetite for change on their part because they benefit from this chaos, irregularities, illegalities, corruption, incompetence and impunity in the voting process. 

Chebuketi's memo is an admission that he like kiviutu in 2007 did not know who won.  You wonder why he announced the results if he did not have all the 34a's.  At least Kiviutu told us that he was forced. He said the men who picked him up to make the announcement should have never been born.  Chebuketi needs to tell us why he made the premature declaration that ouru had won without verification.  Did the same men came to see him.  Ouru was cleared by the court for wrong doing but it is very hard to believe that IEBC acted alone.

KM,
Tell you what, I have no idea why despite what you just said,which is clear from the memo,NASWA are still somewhat convinced Chebukati is clean and Chilobye ain't.

I started a thread on IEBC's structure of commission and secretariat and apart from poking holes at it, i wanted a discourse on who takes the flak for the invalidation. I think as it stands, it is next to impossible to blame one and not the other commissioner,or either secretariat or commissioners because their jobs overlap.