Chebukati Goes to Court

[vooke]

You seem to be more confused after reading it.

Specifically the only verification allowed was for threshold(51%/25% per county).  I am not sure what you gain by downplaying this fact about the Kiai case.  In any case, when you don't have more than half the 34Bs, even that kind of verification is impossible.  SCOK material finding was correct. 

You are ignorant of the fact that IEBC convincingly  refuted this charge but admitted to not possessing over 10K forms 34A. Explains why according to SCOK,the biggest non-compliance was not declaration without  34Bs but 34As.

Guilty as charged.  Maybe you have the evidence.  The ruling states that this fact was not denied.

Quote the relevant part of the judgement

[Kim Jong-Un's Pajama Pants]

You seem to be more confused after reading it.

Specifically the only verification allowed was for threshold(51%/25% per county).  I am not sure what you gain by downplaying this fact about the Kiai case.  In any case, when you don't have more than half the 34Bs, even that kind of verification is impossible.  SCOK material finding was correct. 

You are ignorant of the fact that IEBC convincingly  refuted this charge but admitted to not possessing over 10K forms 34A. Explains why according to SCOK,the biggest non-compliance was not declaration without  34Bs but 34As.

Guilty as charged.  Maybe you have the evidence.  The ruling states that this fact was not denied.

Quote the relevant part of the judgement

I will when I get a chance.  If you spent less time on Njoki's useless dissent and read the actual court ruling, you would have seen it.

[vooke]

You seem to be more confused after reading it.

Specifically the only verification allowed was for threshold(51%/25% per county).  I am not sure what you gain by downplaying this fact about the Kiai case.  In any case, when you don't have more than half the 34Bs, even that kind of verification is impossible.  SCOK material finding was correct. 

You are ignorant of the fact that IEBC convincingly  refuted this charge but admitted to not possessing over 10K forms 34A. Explains why according to SCOK,the biggest non-compliance was not declaration without  34Bs but 34As.

Guilty as charged.  Maybe you have the evidence.  The ruling states that this fact was not denied.

Quote the relevant part of the judgement

I will when I get a chance.  If you spent less time on Njoki's useless dissent and read the actual court ruling, you would have seen it.

I have never seen it and I doubt I will by looking again so I will patiently wait for you to get time to point it out. I will gladly change my mind.

In the meantime, read this portion of the judgement;

[64] The 1st and 2nd respondents further relied on the affidavits of Wafula Chebukati and Immaculate Kassait to make the point that the declaration of results was based on the results contained in Forms 34B from each of the 290 constituencies and the diaspora as Form 34B is an aggregation of Forms 34A in each constituency. That therefore the results declared by IEBC were not affected by any variances or errors that may have occurred at the point of data entry into KIEMS kits.The 2nd Respondent confirms that at the time of the declaration of the result of the presidential election, he had in his possession 290 Forms 34B from all the constituencies and the diaspora. I

[Kim Jong-Un's Pajama Pants]

[248] In an affidavit sworn by Koitamet Ole Kina, in support of the petition, there is telling correspondence which we had referred to earlier but which we reproduce in the present context. On the 10th of August 2017, the deponent, acting on behalf of the petitioners, wrote to the 2nd respondent in the following words:

Paragraph 248 starts at the end of page 103 of the ruling.

[249] Again on 14th August 2017, the deponent wrote:

In this part, the claim is made that 187 34Bs are missing in action.  That only 108 34B are available.

[250] On 14th August 2017, the Secretary and CEO of the 1st respondent wrote;

Chiloba's response, 3 days after the declaration.

[251] It is a fact that the correspondence quoted above did take place, and the contents of the said correspondence were never controverted. On this basis, a number of questions arise:

Where the court says this information was not denied.

http://www.judiciary.go.ke/portal/assets/filemanager_uploads/A%20-%20Decisions/Majority%20Full%20Judgment.pdf

[vooke]

[248] In an affidavit sworn by Koitamet Ole Kina, in support of the petition, there is telling correspondence which we had referred to earlier but which we reproduce in the present context. On the 10th of August 2017, the deponent, acting on behalf of the petitioners, wrote to the 2nd respondent in the following words:

Paragraph 248 starts at the end of page 103 of the ruling.

[249] Again on 14th August 2017, the deponent wrote:

In this part, the claim is made that 187 34Bs are missing in action.  That only 108 34B are available.

[250] On 14th August 2017, the Secretary and CEO of the 1st respondent wrote;

Chiloba's response, 3 days after the declaration.

[251] It is a fact that the correspondence quoted above did take place, and the contents of the said correspondence were never controverted. On this basis, a number of questions arise:

Where the court says this information was not denied.

http://www.judiciary.go.ke/portal/assets/filemanager_uploads/A%20-%20Decisions/Majority%20Full%20Judgment.pdf

The 2nd Respondent confirms that at the time of the declaration of the result of the presidential election, he had in his possession 290 Forms 34B from all the constituencies and the diaspora.

Nyamodi
According to Counsel, the 1st respondent used Forms 34B as opposed to Forms 34A to declare the final results of the presidential election. He emphasized that at the time the final results of the presidential election were declared, all Forms 34B had been collated.

[Kim Jong-Un's Pajama Pants]

Contents of the correspondence is not the same as the correspondence.  The court clearly found the documentary evidence superior to the opposing affidavit. 

[vooke]

Contents of the correspondence is not the same as the correspondence.  The court clearly found the documentary evidence superior to the opposing affidavit. 

If they did,It clearly escaped the Judgement because it is not mentioned nowhere, yet they indicate the biggest non-compliance was missing forms 34A at the point of declaration.

[238] By far, the most critical and persistently claimed non-compliance with the law, was that the 1st respondent announced results on the basis of Forms 34B before receiving all Forms 34A.

[Kim Jong-Un's Pajama Pants]

Contents of the correspondence is not the same as the correspondence.  The court clearly found the documentary evidence superior to the opposing affidavit. 

If they did,It clearly escaped the Judgement because it is not mentioned nowhere, yet they indicate the biggest non-compliance was missing forms 34A at the point of declaration.

[238] By far, the most critical and persistently claimed non-compliance with the law, was that the 1st respondent announced results on the basis of Forms 34B before receiving all Forms 34A.

They did, and they should have.  Because Chebukati claims they had all 34Bs while Chiloba is promising to supply 34Bs 3 days after the event.  That simply means Chebukati is caught lying about 34Bs.  It's not a statement on the importance of 34Bs. 

[vooke]

Contents of the correspondence is not the same as the correspondence.  The court clearly found the documentary evidence superior to the opposing affidavit. 

If they did,It clearly escaped the Judgement because it is not mentioned nowhere, yet they indicate the biggest non-compliance was missing forms 34A at the point of declaration.

[238] By far, the most critical and persistently claimed non-compliance with the law, was that the 1st respondent announced results on the basis of Forms 34B before receiving all Forms 34A.

They did, and they should have.  Because Chebukati claims they had all 34Bs while Chiloba is promising to supply 34Bs 3 days after the event.  That simply means Chebukati is caught lying about 34Bs.  It's not a statement on the importance of 34Bs. 

1.NASWA claimed both 34B and 34A were missing.
2. NASWA claimed they never saw some of both 34B and 34A despite requesting for the same
3. IEBC claimed to have ALL 34Bs and strongly hinted at no necessity of 34As
4. SCOK charges them with not having all 34Asand not bought h 34As 34Bs

Means NASWA charge of 34Bs was UNPROVEN and never relied upon in the final Judgement.

Isn't it obvious that missing 34Bs would have been the graver non-compliance? But it was unproven so SCOK stuck with what was not contested; missing 34As.

You can go on running with NASWA claims or stand by what Judges actually relied on and said as much

[Kim Jong-Un's Pajama Pants]

34As are the currency of this election.  Not 34B. 

[RV Pundit]

Election procedures should be simple.This complicated business of form 34s need legislations.

[bryan275]

Correct this lay man if you can... I thought the very basic meaning of verify/verification is to check the validity of something?  There is no way verification also includes adjustment.  In my view if Chebukati is presented with a stack of dodgy 34Bs, dodgy as in lacking the proper serial numbers, security features and even his own Returning/Presiding officers' signature, then the next logical step is to reject said 34Bs as they will have failed verification on the face of it.  If he further checks the figures on them and ascertains that they do not match the transmitted results from the polling centre......the outcome is still reject reject reject.  What's so difficult to understand here?

 

"verify
?v?r?f??/
verb
verb: verify; 3rd person present: verifies; past tense: verified; past participle: verified; gerund or present participle: verifying

    make sure or demonstrate that (something) is true, accurate, or justified.
    "his conclusions have been verified by later experiments"
    synonyms:   substantiate, confirm, prove, show to be true, corroborate, back up, support, uphold, evidence, establish, demonstrate, demonstrate the truth of, show, show beyond doubt, attest to, testify to, validate, authenticate, endorse, certify, accredit, ratify, warrant, vouch for, bear out, bear witness to, give credence to, give force to, give/lend weight to, justify, vindicate; More
    make sure, make certain, check;
    informalpin down;
    informalsuss out
    "reports of the massacre could not be verified"
    antonyms:   refute
        Law
        swear to or support (a statement) by affidavit."


"verification
?v?r?f??ke??(?)n/
noun
noun: verification; plural noun: verifications

    the process of establishing the truth, accuracy, or validity of something.
    "the verification of official documents"
    synonyms:   confirmation, substantiation, corroboration, attestation, affirmation, validation, authentication, endorsement, accreditation, ratification, establishment, certification; More
    evidence, proof, support, witness, testament, documentation
    "the banking software has an array of functions including signature verification"
        Philosophy
        the establishment by empirical means of the validity of a proposition.
        "the verification principle"
        the process of ensuring that procedures laid down in weapons limitation agreements are followed."

 

Moving on to the second ground, the appellant
(IEBC) submitted that Article 138 (3) (c) requires it to verify the count before declaring the result of the presidential election and for that purpose its chairperson is required to tally and verify the count from all polling stations before declaring the result. In its view,

The Kiai decision was made to stop the alterations along the way to and at the ntc.  No alterations should ever take place.  That requirement is simple and informed by our history of rigged elections.

[bryan275]

34As are the currency of this election.  Not 34B. 

Correct, the primary document closest to the ballots.  It is very key and must never be altered.

Kwani what is it that chebukati will know at the ntc that would be more correct than the people at the polling station that have  eyeballed the actual ballots?

[vooke]

34As are the currency of this election.  Not 34B. 

None of that changes the fact that 34Bs was all there.

The import of 34As and 34Bs will be determined by Chebu petition. IEBC can work with either or even a concoction of both as SCOK directs

[vooke]

The Kiai decision was made to stop the alterations along the way to and at the ntc.  No alterations should ever take place.  That requirement is simple and informed by our history of rigged elections.

Correct.

But it left the commission in confusion with two sets of results which can't be altered without guidance on how to deal with discrepancies

[Kim Jong-Un's Pajama Pants]

34As are the currency of this election.  Not 34B. 

None of that changes the fact that 34Bs was all there.

The import of 34As and 34Bs will be determined by Chebu petition. IEBC can work with either or even a concoction of both as SCOK directs

[vooke]

34As are the currency of this election.  Not 34B. 

None of that changes the fact that 34Bs was all there.

The import of 34As and 34Bs will be determined by Chebu petition. IEBC can work with either or even a concoction of both as SCOK directs

That NEITHER of that made it to the final judgement is clear

[Kim Jong-Un's Pajama Pants]

34As are the currency of this election.  Not 34B. 

None of that changes the fact that 34Bs was all there.

The import of 34As and 34Bs will be determined by Chebu petition. IEBC can work with either or even a concoction of both as SCOK directs

That NEITHER of that made it to the final judgement is clear

Yes.  And yet a lie remains a lie.

[vooke]

34As are the currency of this election.  Not 34B. 

None of that changes the fact that 34Bs was all there.

The import of 34As and 34Bs will be determined by Chebu petition. IEBC can work with either or even a concoction of both as SCOK directs

That NEITHER of that made it to the final judgement is clear

Yes.  And yet a lie remains a lie.

Point remains, it was unproven as much as was rigging claims

[Kim Jong-Un's Pajama Pants]

34As are the currency of this election.  Not 34B. 

None of that changes the fact that 34Bs was all there.

The import of 34As and 34Bs will be determined by Chebu petition. IEBC can work with either or even a concoction of both as SCOK directs

That NEITHER of that made it to the final judgement is clear

Yes.  And yet a lie remains a lie.

Point remains, it was unproven as much as was rigging claims

Debunked yes.  By Chiloba's letter.  Don't fight facts.  You lose every time.