Maraga's Supreme Court may discredit the IEBC so to avoid elections on the 17 Oct

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obienga
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Re: Maraga's Supreme Court may discredit the IEBC so to avoid elections on the 17 Oct

Unread post by obienga » Wed Sep 20, 2017 3:32 am

Energizer wrote:
Wed Sep 20, 2017 2:05 am
Mwilu is reading and stuttering like a std 8 pupil in Kathonzweni primary. What is her problem?
This judgment was likely mostly written by clerks and other parties. Think of it as reading a speech that you have never seen before for the first time.

The Maraga 4 have practically made it impossible for any election to be compliant with the law. Some examples thus far:

- A failure in technology is a violation of the law. Thus with this flawed reasoning, it suggests that if a KIEMS kit fails or network fails in transmission, it will be considered a violation of the law. Their reasoning is that someone can move to an area with network coverage but they do not account for when a KIEMS kit fails.
- Incomplete compliance with technologically challenged and misinformed court orders means any spurious claims of hacking will be accepted by a court. One need only attack IEBC with impossible to meet court orders in the given time and that will be sufficient for someone to claim IEBC was hacked. The burden of proof now seems to have shifted from petitioners back to respondents on matters technology.

Parliament should take notice of Maraga's publication "Scrutiny in Elections" and take action or any election will continue to be endlessly invalidated on the basis of technological reasons and failure. They have however admitted there is no evidence demonstrating that the manual portion of the voting from registration to the casting of the vote had any issues or irregularities.
As is clear from Bush v. Gore, at times technology fails even in advanced countries. In our country, with no reliable electric supply to many schools and public premises, which are used as polling stations, chances are that technology can fail again. A compromise should therefore be made and clearly provided for in statute. http://kenyalaw.org/kl/fileadmin/pdfdow ... ustice.pdf

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NattyDread
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Re: Maraga's Supreme Court may discredit the IEBC so to avoid elections on the 17 Oct

Unread post by NattyDread » Wed Sep 20, 2017 4:28 am

There is no better verification than a physical recount but they cleverly avoided that.

In round 2, the key will be to ensure that all forms 34A and boxes are secured, as the court has also unwittingly admitted that we are never going to have perfect electronic systems. IEBC does not control 3G network availability.
:evil: JaKuon Slayer Extraordinaire :twisted:

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Energizer
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Re: Maraga's Supreme Court may discredit the IEBC so to avoid elections on the 17 Oct

Unread post by Energizer » Wed Sep 20, 2017 5:09 am

After listening to the totally unconvincing Wakora 4, i think Jubilee is now going to reject a new election and demand a manual recount of the valid votes.
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kemet
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Re: Maraga's Supreme Court may discredit the IEBC so to avoid elections on the 17 Oct

Unread post by kemet » Wed Sep 20, 2017 5:19 am

some people are confused or better in denial. I have not heard uhuru or ruto scream for vote recount since the petition hearing. In fact during the hearing they refused to have a recount. Uhuru has been screaming to high heavens that he wants rerun on 17th of october and not recount. Why.

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NattyDread
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Re: Maraga's Supreme Court may discredit the IEBC so to avoid elections on the 17 Oct

Unread post by NattyDread » Wed Sep 20, 2017 5:26 am

obienga wrote:
Wed Sep 20, 2017 3:32 am
- Incomplete compliance with technologically challenged and misinformed court orders means any spurious claims of hacking will be accepted by a court. One need only attack IEBC with impossible to meet court orders in the given time and that will be sufficient for someone to claim IEBC was hacked. The burden of proof now seems to have shifted from petitioners back to respondents on matters technology.
Scary prospects! JaKuon will lose again numerically but go back ad infinitum for such inelegant rulings. It's no longer important what people put in the ballot box.
:evil: JaKuon Slayer Extraordinaire :twisted:

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NattyDread
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Re: Maraga's Supreme Court may discredit the IEBC so to avoid elections on the 17 Oct

Unread post by NattyDread » Wed Sep 20, 2017 5:31 am

Energizer wrote:
Wed Sep 20, 2017 5:09 am
After listening to the totally unconvincing Wakora 4, i think Jubilee is now going to reject a new election and demand a manual recount of the valid votes.
Jubilee cannot do that. It would play right into the saboteurs hands.

What we need to do is to stop relying on bloggers and opinionated TV heads, and go to the 17/10 or 26/10 polls armed with 40,884 hawk-eyed, loyal agents to not only oversee the voting, but also to ensure that the record is not deliberately soiled. We then need 296 at constituency level to ascertain that the polling stations report properly, and then a pack of lions at Bomas policing the final tallying. In other words, ensure a perfect MANUAL process because electronic systems will once again invariably fail here and there, to give JaKuon a third shot at his life's dream.
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Kunadawa
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Re: Maraga's Supreme Court may discredit the IEBC so to avoid elections on the 17 Oct

Unread post by Kunadawa » Wed Sep 20, 2017 6:18 am

I think the only cure is for IEBC to ensure that all tallies are properly signed and scanned to the portal simultaneously with the texted figures. Ideally since there is only one election this time for president only, not for the other five elective positions
NattyDread wrote:
Wed Sep 20, 2017 5:31 am
Energizer wrote:
Wed Sep 20, 2017 5:09 am
After listening to the totally unconvincing Wakora 4, i think Jubilee is now going to reject a new election and demand a manual recount of the valid votes.
Jubilee cannot do that. It would play right into the saboteurs hands.

What we need to do is to stop relying on bloggers and opinionated TV heads, and go to the 17/10 or 26/10 polls armed with 40,884 hawk-eyed, loyal agents to not only oversee the voting, but also to ensure that the record is not deliberately soiled. We then need 296 at constituency level to ascertain that the polling stations report properly, and then a pack of lions at Bomas policing the final tallying. In other words, ensure a perfect MANUAL process because electronic systems will once again invariably fail here and there, to give JaKuon a third shot at his life's dream.

obienga
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Re: Maraga's Supreme Court may discredit the IEBC so to avoid elections on the 17 Oct

Unread post by obienga » Wed Sep 20, 2017 6:51 am

NattyDread wrote:
Wed Sep 20, 2017 5:26 am
obienga wrote:
Wed Sep 20, 2017 3:32 am
- Incomplete compliance with technologically challenged and misinformed court orders means any spurious claims of hacking will be accepted by a court. One need only attack IEBC with impossible to meet court orders in the given time and that will be sufficient for someone to claim IEBC was hacked. The burden of proof now seems to have shifted from petitioners back to respondents on matters technology.
Scary prospects! JaKuon will lose again numerically but go back ad infinitum for such inelegant rulings. It's no longer important what people put in the ballot box.
Yes, the Maraga 4 have made it incredibly easy not just for Jakuon, but for anyone to overturn the will of the people. A petitioner need only create wild scrutiny prayers to a technologically challenged court that will grant them carte blanche without understanding the relevance of each listed bullet point to the matter before them. This circus may continue into 2018 as is unless this judicial overreach and sanctioned fishing expeditions are contained to a reasonable standard by the people.

Forwardoh
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Re: Maraga's Supreme Court may discredit the IEBC so to avoid elections on the 17 Oct

Unread post by Forwardoh » Wed Sep 20, 2017 8:58 am

obienga wrote:
Wed Sep 20, 2017 6:51 am
NattyDread wrote:
Wed Sep 20, 2017 5:26 am
obienga wrote:
Wed Sep 20, 2017 3:32 am
- Incomplete compliance with technologically challenged and misinformed court orders means any spurious claims of hacking will be accepted by a court. One need only attack IEBC with impossible to meet court orders in the given time and that will be sufficient for someone to claim IEBC was hacked. The burden of proof now seems to have shifted from petitioners back to respondents on matters technology.
Scary prospects! JaKuon will lose again numerically but go back ad infinitum for such inelegant rulings. It's no longer important what people put in the ballot box.
Yes, the Maraga 4 have made it incredibly easy not just for Jakuon, but for anyone to overturn the will of the people. A petitioner need only create wild scrutiny prayers to a technologically challenged court that will grant them carte blanche without understanding the relevance of each listed bullet point to the matter before them. This circus may continue into 2018 as is unless this judicial overreach and sanctioned fishing expeditions are contained to a reasonable standard by the people.
Awwww, poor child. You are whinning?
Listen courts deal with matters Constitution....
DCJ Mwilu: It is important to note the terms simple, secure, verifiable system are engraved in our constitution.

Make the process easy, make it simple, make it verifiable. The court are there to uphold the constitution and safeguard the will of the people. Have an event in the dark during the process (like Kibaki being sworn in at night :lol: ) and you destroy the process.

DCJ MWILU: Kenyans endured long hours and cast vote then after that the system became opaque. We can't prove that Uhuru got majority votes.

obienga
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Re: Maraga's Supreme Court may discredit the IEBC so to avoid elections on the 17 Oct

Unread post by obienga » Wed Sep 20, 2017 10:54 am

Jakuonist man-child, did you loose your way to the nursery school playground?

Your additional explanations are unnecessary for Judges who barely rumbled through that which they did not write but we still heard them loud and clear. They legislated from the bench in setting new precedents and departed from the provisions set out in law under section 83. That said it is a pro-Jakuonist ruling, all he needs to do is to find some technicality even when its clear that he has 10% of the vote, it does not matter if the result or votes in dispute do not materially change the outcome, technology and technicalities have been elevated to a position of greater importance than the will of the people.
Forwardoh wrote:
Wed Sep 20, 2017 8:58 am
obienga wrote:
Wed Sep 20, 2017 6:51 am
NattyDread wrote:
Wed Sep 20, 2017 5:26 am


Scary prospects! JaKuon will lose again numerically but go back ad infinitum for such inelegant rulings. It's no longer important what people put in the ballot box.
Yes, the Maraga 4 have made it incredibly easy not just for Jakuon, but for anyone to overturn the will of the people. A petitioner need only create wild scrutiny prayers to a technologically challenged court that will grant them carte blanche without understanding the relevance of each listed bullet point to the matter before them. This circus may continue into 2018 as is unless this judicial overreach and sanctioned fishing expeditions are contained to a reasonable standard by the people.
Awwww, poor child. You are whinning?
Listen courts deal with matters Constitution....
DCJ Mwilu: It is important to note the terms simple, secure, verifiable system are engraved in our constitution.

Make the process easy, make it simple, make it verifiable. The court are there to uphold the constitution and safeguard the will of the people. Have an event in the dark during the process (like Kibaki being sworn in at night :lol: ) and you destroy the process.

DCJ MWILU: Kenyans endured long hours and cast vote then after that the system became opaque. We can't prove that Uhuru got majority votes.

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