Fake Form 34As are Popping up everywhere Raila may just have a Case

[marikiti]

Watched the discussion on JKL on Wednesday night.
The Supreme Court have their job cut out and it is very simple. They will require Nasa to prove that 1.4 million votes (difference between Uhuru and Raila) were added to Uhuru. If Nasa shows the Supreme Court where to deduct these votes, the court will rule that there be a runoff.
You cannot submit 3 faulty Form 34As and expect the court to rule in your favour.

In 2013, the case was very easy for Raila/Cord. All they needed was to show that an extra 7000 votes were added to Uhuru, thereby forcing a runoff.

If in 2013 they were unable to deduct 7000 votes from Uhuru, what are their odds when it comes to 1.4 million votes?

This case is dead on arrival. I am 10001% sure Nasa will lose unanimously and then cry foul that the judges were compromised.

kweli!!!

 

[bafuchafu]

but he won't be there come 2022.
Tell me is this about Raila too? Who else does a shoddy job like this???
View attachment 568232

 

[Muharango]

Contradictions and massive anomalies of
##ElectionsKE2017[/HASHTAG] KHRC on Twitter

Preliminary findings on ##ElectionsKE2017 Link: KHRC - KYSY preliminary findings on august 8th general election and results declaration KHRC on Twitter

 

[Muharango]

Contradictions and massive anomalies of [HASHTAG]#ElectionsKE[/HASHTAG] [HASHTAG]#ElectionsKE2017[/HASHTAG] KHRC on Twitter

 

[kennedy0000]

Contradictions and massive anomalies of [HASHTAG]#ElectionsKE[/HASHTAG] [HASHTAG]#ElectionsKE2017[/HASHTAG] KHRC on Twitter

These Maina Kiai and co. NGOs have to earn their donor money.
Form 34Bs were provided to party agents by Friday last week before Uhuru was announced. The law does not say Form 34Bs should have been made publicly available. Only results transmission.

Results transmission system (vifaranga vya kompyuta) is strictly for pleasing our eyes.
Election voting, counting, tallying and announcing is completely manual.
If Nasa is planning to take any argument about the transmission to the Supreme Court, the judges will decide within 3 seconds.

 

[Muharango]

These Maina Kiai and co. NGOs have to earn their donor money.
Form 34Bs were provided to party agents by Friday last week before Uhuru was announced. The law does not say Form 34Bs should have been made publicly available. Only results transmission.

Results transmission system (vifaranga vya kompyuta) is strictly for pleasing our eyes.
Election voting, counting, tallying and announcing is completely manual.
If Nasa is planning to take any argument about the transmission to the Supreme Court, the judges will decide within 3 seconds.

Utafiti hupungwa kwa Utafiti sio Porojo!
Preliminary findings on #

[HASHTAG]#ElectionsKE2017[/HASHTAG] Link: KHRC - KYSY preliminary findings on august 8th general election and results declaration KHRC on Twitter

 

[punda ya ngamia]

This is my five pence take on this matter. The burden of proof of which NASA has to discharge in this case is very high. As per section 83 of the elections Act... “No election shall be declared to be void by reason of non-compliance with any written law relating to that election if it appears that the election was conducted in accordance with the principles laid down in the Constitution and in that written law or that the non-compliance did not affect the result of the election."

This act has already been given Life by a case precedent...
Raila Odinga and others Vs Independent Electoral and Boundaries Commission and 3 others, Nairobi, Supreme Court, election petition 5 of 2013 [2013] e KLR while dismissing the Petition held that;

“Where a party alleges non-conformity with the electoral law, the petitioner must not only prove that there has be non-compliance with the law, but that such failure of compliance did affect the validity of the elections. It is on that basis that the respondents bear the burden of proving the contrary. This emerges from a long standing common law approach in respect of alleged irregularity in the acts of public bodies. Omnia praesumuntur rite et solemniter essa acta: all acts are presumed to be done rightly and regularly. So the petitioner must set out by raising firm and credible evidence of the public authority’s departures from the prescriptions of the law”

Not only do you need a water tight proof of evidence, you must also show beyond the threshold of probability but below reasonable doubt that where there's non compliance with Electoral law, the noncompliance must also be as material as to the affect the outcome of the election.

This is a very high burden on which any petition pivots. It is very easy to litigate in the court of public opinion, where rumour, innuendo, allegations and where the voters are very polarised. It is not just a question of coming up with a few form 34As showing clerical errors. The evidence must be so overwhelming not only to dent a fatal blow to that election but to have changed the outcome.

From where I stand, I would be very surprised if this petition was to succeed. I think this is a release valve for NASA after being left with very few options.


Sent using Jamii Forums mobile app

 

[kennedy0000]

Utafiti hupungwa kwa Utafiti sio Porojo!
Preliminary findings on #

[HASHTAG]#ElectionsKE2017[/HASHTAG] Link: KHRC - KYSY preliminary findings on august 8th general election and results declaration KHRC on Twitter

I'm glad that they are comparing the TV results vs what was announced.
The Supreme Court has its job cut out.
Which results was Uhuru's win based on?
Any other result you might have seen on Twitter, Facebook, portal... on your phone, TV, computer is irrelevant.

 

[Tony254]

This is my five pence take on this matter. The burden of proof of which NASA has to discharge in this case is very high. As per section 83 of the elections Act... “No election shall be declared to be void by reason of non-compliance with any written law relating to that election if it appears that the election was conducted in accordance with the principles laid down in the Constitution and in that written law or that the non-compliance did not affect the result of the election."

This act has already been given Life by a case precedent...
Raila Odinga and others Vs Independent Electoral and Boundaries Commission and 3 others, Nairobi, Supreme Court, election petition 5 of 2013 [2013] e KLR while dismissing the Petition held that;

“Where a party alleges non-conformity with the electoral law, the petitioner must not only prove that there has be non-compliance with the law, but that such failure of compliance did affect the validity of the elections. It is on that basis that the respondents bear the burden of proving the contrary. This emerges from a long standing common law approach in respect of alleged irregularity in the acts of public bodies. Omnia praesumuntur rite et solemniter essa acta: all acts are presumed to be done rightly and regularly. So the petitioner must set out by raising firm and credible evidence of the public authority’s departures from the prescriptions of the law”

Not only do you need a water tight proof of evidence, you must also show beyond the threshold of probability but below reasonable doubt that where there's non compliance with Electoral law, the noncompliance must also be as material as to the affect the outcome of the election.

This is a very high burden on which any petition pivots. It is very easy to litigate in the court of public opinion, where rumour, innuendo, allegations and where the voters are very polarised. It is not just a question of coming up with a few form 34As showing clerical errors. The evidence must be so overwhelming not only to dent a fatal blow to that election but to have changed the outcome.

From where I stand, I would be very surprised if this petition was to succeed. I think this is a release valve for NASA after being left with very few options.


Sent using Jamii Forums mobile app

Good. I am an economist so i don't know much about law. However I am impressed by your legalese kwanza hio Latin.

 

[Reginald12]

but he won't be there come 2022.
Tell me is this about Raila too? Who else does a shoddy job like this???
View attachment 568232

This is an element of sabotage. Official results are supposed to be on a serialized form. Unless it is the government planting fake 'evidence', which it intends to refute later. Consider the 'fake' news leaked to Raila about the supposed killing of the army spokesperson, who was produced a few hours after he had been declared dead in public rally. Something very fishy is going on. The 'hacking' claim which was easily refuted might also have been a fake 'leak'. What beats me is how senior legal minds in the opposition camp did not bother to check the facts on that one.

 

[simplemind]

Nini kimezuia NASA kufungua kesi ya kupinga ushindi wa Uhuru hadi muda huu saa moja na nusu usiku? I smell something fishy- yes harufu ya mbuta hewani.

 

[logania]

Nyinyi watanzania mnamchukia Odinga kwa nini na hata hamjui siasa za Kenya vizuri? Hamjaishi Kenya wala hamjui matatizo tunayoyapitia. You simply don't know sh*t about Kenyan politics. Leave Kenyan politics to Kenyans. Supporters wa Odinga sio elfu mbili. We are talking of millions here so this guy deserves some respect even from rivals like Ruto who hates him and calls him "Ule mzee wa vitendawili".Now they are extending an olive branch that they want peace. Why don't they start by respecting Odinga first. Frankly even Nasa have said some bad things about Jubilee.
Kenya will remain divided until the two camps Jubilee and Nasa learn to respect each other. Otherwise even the supporters of both camps will not respect each other. Let's bury tribalism but i don't know how, that's the problem.My two cents

My 80 year old part Kenyan grandmother thinks the way to peace is to agree to a power sharing deal...Since the country seems divided...Each candidate seems to polarize a certain majority...As a non Kenyan I have no experience on the intricacies of their politics...I did enjoy my uni days in Kenya though...

 

[Muharango]

IEBC DEPUTY presiding officer Caroline Odinga found murdered in Sega town, Siaya County Police Commander Sarah Duncan confirms. NationBreakingNews on Twitter


SIFURAHII Haya Matukio ya Mauji lakini nawakumbusha tu kwamba niliishawahi kusema Kwenye Ujumbe No. 43 "kwamba Maofisa wa IEBC watakiona cha Moto na Watajuta kwa Usaliti walioufanya, huyu nadhani ni wa 3 kuuwawa!" Dawa ya Usaliti ni Usaliti!

 

[Graph]

Ni ngumusana kumuaminiOdinga maana hua yeye nimzee wa dirty politics, yupo tayari kujifanya anaumwa ili wananchi wamuonee huruma. Sitoshangaa kama hizi zinazosambaa ni tewm yake imetunga ili watu wapate hasira waanzishe fujo. Kenyans muwe makini sana na huyu mtu, angekua na concrete evidence angeenda mahakamani sio twitter au facebook.

 

[logania]

Ni ngumusana kumuaminiOdinga maana hua yeye nimzee wa dirty politics, yupo tayari kujifanya anaumwa ili wananchi wamuonee huruma. Sitoshangaa kama hizi zinazosambaa ni tewm yake imetunga ili watu wapate hasira waanzishe fujo. Kenyans muwe makini sana na huyu mtu, angekua na concrete evidence angeenda mahakamani sio twitter au facebook.

Kesi ipo mahakamani....Odinga objecting to final results....