Chebukati Goes to Court

[Omollo]

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IEBC chairman Chebukati files case at SCORK seeking interpretation of his role on verification of forms 34As

— Philip Etale (@EtalePhilip) October 5, 2017

[bryan275]

The sod didn't know his job?  Went are we paying him?   This smacks of the mortician...

[Kichwa]

That is very strange. Usually the head of an independent body such as IEBC interprets what their role is and other people go to court to challenge it. Chebukati is a man under siege at the IEBC and he needs to stop acting as if everything was fine.  He needs to make a lot of noise and let the chips fall where they may.  He needs to tell us why he changed his mind about firing Chiloba.  Who visited him to cause him to change his mind. If he refuses to be truthful with the people of Kenya then he will end up dead from "natural causes" and nobody will ever know why.

The sod didn't know his job?  Went are we paying him?   This smacks of the mortician...

[bryan275]

That is very strange. Usually the head of an independent body such as IEBC interprets what their role is and other people go to court to challenge it. Chebukati is a man under siege at the IEBC and he needs to stop acting as if everything was fine.  He needs to make a lot of noise and let the chips fall where they may.  He needs to tell us why he changed his mind about firing Chiloba.  Who visited him to cause him to change his mind. If he refuses to be truthful with the people of Kenya then he will end up dead from "natural causes" and nobody will ever know why.

The sod didn't know his job?  Went are we paying him?   This smacks of the mortician...

And that is the reason why Chebukati or the chairperson needed to have extensive legal experience.

[RV Pundit]

I don't blame him. High court say this. Court of Appeal says that. And the crooked four Judges says completely something else. Chebukati is a lawyer and even for layman that maina kiai rulling is one study of contradiction and impracticality. Don't verify. Verify. Don't Verify. Okay verify but they are final.

[Kim Jong-Un's Pajama Pants]

IEBC chairman Chebukati files case at SCORK seeking interpretation of his role on verification of forms 34As

— Philip Etale (@EtalePhilip) October 5, 2017

Whatever his role is, I am sure IEBC(CTC, NTC) cannot make a valid call without almost all 34As in place.  I hope he is not in doubt about this bit.

[patel]

He should have done so long time ago First to find out what the court meant by fresh elections. Secondly as a lawyer he should be able to know his role and that's where Iebc chairman has to be a lawyer.

[Kichwa]

Exactly. Chebukati should be the one insisting that he needs to have all the 34A's before he signs anything or announces anybody the winner. One in his position should seek to expand his authority and not limit it. If anybody thinks that Chebukati do not need to see  all the 34a's then let that SOB/MWU go to court.

IEBC chairman Chebukati files case at SCORK seeking interpretation of his role on verification of forms 34As

— Philip Etale (@EtalePhilip) October 5, 2017

Whatever his role is, I am sure IEBC(CTC, NTC) cannot make a valid call without almost all 34As in place.  I hope he is not in doubt about this bit.

[RV Pundit]

What if for any reason he doesn't some few? But he has form 34b which is the final aggregate results? I am glad the SCOK will get another chance to tie itself further in the knot. Obviously parliament need to resolve this by ammending the laws. Elections SHOULD SIMPLE. Not complicated.

Exactly. Chebukati should be the one insisting that he needs to have all the 34A's before he signs anything or announces anybody the winner. One in his position should seek to expand his authority and not limit it. If anybody thinks that Chebukati do not need to see  all the 34a's then let that SOB/MWU go to court.

[Kim Jong-Un's Pajama Pants]

What if for any reason he doesn't some few? But he has form 34b which is the final aggregate results? I am glad the SCOK will get another chance to tie itself further in the knot. Obviously parliament need to resolve this by ammending the laws. Elections SHOULD SIMPLE. Not complicated.

Exactly. Chebukati should be the one insisting that he needs to have all the 34A's before he signs anything or announces anybody the winner. One in his position should seek to expand his authority and not limit it. If anybody thinks that Chebukati do not need to see  all the 34a's then let that SOB/MWU go to court.

It's a judgement call.  He can estimate if the votes left in the missing ones can change the outcome or not.  Close to 10,000 is definitely too many.

[patel]

Precisely.  Honesty is very crucial to earn trust. As long as he points out he is making the call but there are some few forms missing which may not affect outcome I believe most would accept that. Secondly there are only 41,000 poling station why would form 34A miss? Negligence?  He should summon presiding officer and party agents to account..

What if for any reason he doesn't some few? But he has form 34b which is the final aggregate results? I am glad the SCOK will get another chance to tie itself further in the knot. Obviously parliament need to resolve this by ammending the laws. Elections SHOULD SIMPLE. Not complicated.

Exactly. Chebukati should be the one insisting that he needs to have all the 34A's before he signs anything or announces anybody the winner. One in his position should seek to expand his authority and not limit it. If anybody thinks that Chebukati do not need to see  all the 34a's then let that SOB/MWU go to court.

It's a judgement call.  He can estimate if the votes left in the missing ones can change the outcome or not.  Close to 10,000 is definitely too many.

[vooke]

IEBC chairman Chebukati files case at SCORK seeking interpretation of his role on verification of forms 34As

— Philip Etale (@EtalePhilip) October 5, 2017

Whatever his role is, I am sure IEBC(CTC, NTC) cannot make a valid call without almost all 34As in place.  I hope he is not in doubt about this bit.

That is not in dispute and it’s a tad obvious. IEBC is represented at polling station by PO and Constituency by ROs. Why are 34As any necessary and not ballot boxes at NTC?

[vooke]

Exactly. Chebukati should be the one insisting that he needs to have all the 34A's before he signs anything or announces anybody the winner. One in his position should seek to expand his authority and not limit it. If anybody thinks that Chebukati do not need to see  all the 34a's then let that SOB/MWU go to court.

But Kiai case did just that by stopping him from verification.
They basically said that verification at polling station and Constituency tallying center suffices.

[Kim Jong-Un's Pajama Pants]

IEBC chairman Chebukati files case at SCORK seeking interpretation of his role on verification of forms 34As

— Philip Etale (@EtalePhilip) October 5, 2017

Whatever his role is, I am sure IEBC(CTC, NTC) cannot make a valid call without almost all 34As in place.  I hope he is not in doubt about this bit.

That is not in dispute and it’s a tad obvious. IEBC is represented at polling station by PO and Constituency by ROs. Why are 34As any necessary and not ballot boxes at NTC?

I don't have his pleadings.  Do you?  Share them if you do.

While ballot boxes are important, their presence at NTC is unnecessary when you have the 34As. 

[vooke]

Yet Kiai Case was clear;



But the worst error was SCOK failure to acknowledge Kiai Case forbade verification. How could they miss it?

[vooke]

I don't have his pleadings.  Do you?  Share them if you do.

While ballot boxes are important, their presence at NTC is unnecessary when you have the 34As. 

[Kichwa]

stop misleading yourself for propaganda purposes. You and those peddling this propaganda know that the Kiai case never intended the Chairman to be a potted plant.  Besides, the Chairman's password seems to have been very busy after the voting.  The password was used 10,000 times to enter the server to download, delete and upload forms.  That does not sound like a man whose hands is tied by the Maina Kiai case which only barred him from changing the 34a's but nowhere in the ruling barred him from taking a look at them to see if the numbers tallied to what he had on 34B and 34C.
 

Exactly. Chebukati should be the one insisting that he needs to have all the 34A's before he signs anything or announces anybody the winner. One in his position should seek to expand his authority and not limit it. If anybody thinks that Chebukati do not need to see  all the 34a's then let that SOB/MWU go to court.

But Kiai case did just that by stopping him from verification.
They basically said that verification at polling station and Constituency tallying center suffices.

[Kim Jong-Un's Pajama Pants]

Yet Kiai Case was clear;



But the worst error was SCOK failure to acknowledge Kiai Case forbade verification. How could they miss it?

They specified the type of verification the person(chairman as opposed to IEBC) can do at NTC.  They did not forbid it.  We have to make the distinction between what is expected of Chebukati(the bad hombre) and IEBC(the institution).  Chebukati is at the top of the institution that as a whole is responsible for ensuring that there are enough 34As to support the outcome.

[vooke]

stop misleading yourself for propaganda purposes. You and those peddling this propaganda know that the Kiai case never intended the Chairman to be a potted plant.  Besides, the Chairman's password seems to have been very busy after the voting.  The password was used 10,000 times to enter the server to download, delete and upload forms.  That does not sound like a man whose hands is tied by the Maina Kiai case which only barred him from changing the 34a's but nowhere in the ruling barred him from taking a look at them to see if the numbers tallied to what he had on 34B and 34C.
 

Exactly. Chebukati should be the one insisting that he needs to have all the 34A's before he signs anything or announces anybody the winner. One in his position should seek to expand his authority and not limit it. If anybody thinks that Chebukati do not need to see  all the 34a's then let that SOB/MWU go to court.

But Kiai case did just that by stopping him from verification.
They basically said that verification at polling station and Constituency tallying center suffices.

We agreed you be pasting your responses under for ease of follow up

I pasted the relevant sections of Kiai case which you clearly NEVER read. Whether Chebu verified or not is not the question, but rather the fact the truth Kiai Case EXPRESSLY forbade him.

Read here

[vooke]

They specified the type of verification the person(chairman as opposed to IEBC) can do at NTC.  They did not forbid it.  We have to make the distinction between what is expected of Chebukati(the bad hombre) and IEBC(the institution).  Chebukati is at the top of the institution that as a whole is responsible for ensuring that there are enough 34As to support the outcome.