Jubilee bloggers and Star sympathizers have decided to upvote any comment in support of Jubilee's positions. Interesting times.

secession is inevitable
total balkanization 2018

What is verification ,when somebody tell you to verify ,it means to authenticate not to change,not to say that manual is more important than electronically transmitted.If I come with a hard copy fake certificate to seek an employment and they supposed employer decided to call KNEC to verify my certificate ,according to stupid JUBILEEDIOTS MP my fake certificate take precedence over the one produced by KNEC even if it is sent electronically.

You dont verify for the sake of it.

It's not a hobby to engage in verification just for the mere act of it.

You verify to ensure that whatever exercise you are undertaking is conducted accurately and contains no errors.

Now, after verification, should an error be noted, it needs to be corrected.

That is the purpose of verification.

Now, the High Court ruled [in the Maina Kiai case] that there cannot be any alterations [or whatever word(s) they used] of the results from mashinani.

Then, the same supreme court that is now acting dumb castigated Webukati for announcing results WITHOUT VERIFYING/VERIFICATION!

And now, they act like it is QC Muite who is making it up.
What a load of cow dung!

You cannot eat your cake and have it.

Form 34A takes precedence over 34B and its clear and simple IEBC chairman verify and confirm and in case of a variance in the two forms then 34A rules without adding or removing a comma or changing figures.What Muite and Uhuru is after is to change the Kiai decision through the back door.

Muite wanted a rematch and got an uppercut from Maraga that floored him a second time. If Orengo floored him in the first round then how can he beat the judges?

Watching the court exchanges, it is clear the four judges feel cornered. Therefore they have gone defensive. Mwilu cannot argue their ruling is similar to Maina Kiai's. Unless the 'verification' at the national level is just a ritual, which the national returning officer must perform before announcing the same results he would have announced without it. Again even if we all became superstitious and assumed the ritual is necessary, an argument can be made it came late in the day. After elections. So it was not in order to criticise Chebukati for not performing it!

Very well put buddy!

Learned friends are killing us with all this back and forth.

For the benefit of all those jubilee bloggers who think they have seen a straw to grasp at and give their own interpretation of the law,

...."For purposes of a presidential election the Commission shall electronically transmit, in the prescribed form, the tabulated results of an election for the President from a polling station to the constituency tallying centre and to the national tallying centre".....

It simply means that, should there be discrepancies in the form 34As and form 34Bs relayed at the NTC, Chebukati has no mandate to ammend the form 34As. His should be to simply get in touch with the RO at the constituency centre and ask him to clarify the correct figures.

If the clarified figures are incorrect, he cannot ammend the forms. The elections should be null and void.

But all this is neither here nor there, because there will apparently be no elections.

you need to upgrade yourself to Kitu 4GB to know this things. memory full, i think????

So , in your genius, what does it mean when the SC said the RO failed to verify? whats does verification mean?

Please dont try to gather sense out of the head of a Raila automaton.

Nonsense. The moment a returning officer declares results, that is final. Even he or she cannot go back and change that. There is no question of Chebukati 'verifying' then going back to RO at the constituency and 'ask him to clarify the correct figures'. Final means final!

Nonsense is your interpretation. FYI, this is the clarification Chebukati is seeking.

But Mwilu says no clarification is needed!

No elections?........Chickens.
Btw, where does it simply say that in the law???? According to maraga's quote of the law, 34Bs DID NOT feature anywhere.......and to think we've trusted these guys to interpret the law.

Yeah muite, please explain to the judge who can't read in a language that is EASILY understandable. Why is the judge defensive, is she guilty of something?
All IEBC is asking is which form should the chairman use to declare the results -34A or B?
Then maraga displays his lack of proficiency in the application of the law on the ground.
So Mr SDA adherent, after the results are electronically transmitted from the polling station(34A) to the constituency and Bomas, are you suggesting that the chairman uses that and not wait for 34B? Then my 'learned' friend, how does he create 34C which is generated by 34Bs, and used to declare the president?
CAN YOU EXPLAIN WHAT YOU MEAN BY 'SIMPLE'? Pleeeease......

SC trying to act defensive. Amazing - and not surprising - that Mwilu does not know what she wrote in the majority report.

This Mwilu thing is barely literate.

Ha ha ha ha!

This Kiveti is semi literate.

"As the Returning Officer for the presidential election, I have noted discrepancies while varying results for Ruiru constituency between the totals in Form 34A and those captured in form 34B for that constituency. As a presidential RO, I understand that I am not supposed to edit or alter any results. The constituency RO is not responding in time, I am therefore using the results as captured in Form 34A, and submitted electronically, at the polling station for the final tally of Ruiru constituency." This is what the Supreme court will rule tomorrow. In fact, the DCJ had read a statement during the ruling that Chebukati should have said in public that he had yet to see all form 34B on 11 August when he announced the winner. There was no need for such a simple clarification to be taken to the Supreme court. What the national RO need to embrace is open communication and publicly state his actions in public, especially when he notices such discrepacies. Such a RO in the particular constituency will have to defend him/her self in the court. Second, IEBC should employ trustworthy RO, and clerks, not party spies to carry out the dirt work for, - you all know him. Otherwise, IEBC is looking for a means to introduce through the backdoor amendments on the KIA ruling.

What do you mean by, 'The constituency RO is not responding in time'? Even returning officers aren't allowed to change and tinker with results after they declare them. That declaration comes in Form 34B which is what Chebukati used to announce the national winner.

Are you judge Mwilu or Maraga?

Judge Mwilu I guess

if you can read and understand the book of Revelations, then interpreting the Kenyan laws should be a walk in the park.

Talking of the book of REVELATION, [ by the way ni revelation], who is the Queen of Heaven?

muite: "Perhaps Chief Justice should explain what you mean by simple,"
now muite, the justices and his "learned friends" wonder whether it was wise for muite to skip going to law school. it's not too late, gramps. (mûngikism can take you only that far..)

That's where he started nitwit!

..and the dimwit is still there - trying his luck at entrapment.

Wonders, wonders, wonders. Sc judges don't knows parts of their ruling. They denied what they read in public and is written within the ruling more so DCJ who read that part. My worry is that maybe the SC judgement was not written by the judges themselves but third parties by their behaviour yesterday. It seems they were reading what they had not internalized. Is the sc serious if they want to deny their own ruling. SC come out and tell Kenyans truth because God knows truth and some of you profess Christianity

Ok. Since you 'knows' what they wrote in their ruling, can you paraphrase it for us?

@Mark: I would like to respond to your statement (unedited): “Sc judges don't knows parts of their ruling”. My reply is, “they knows!!”

the issue is clear enough. mûngiki are trying to sanitize their elections-thieving.
once upon a time, we thought that lawyers are trustworthy/rational beings .. that was before we grew up and met these ones. devious.
"powers to correct errors and amend Forms 34A and B."
ok guys. enough of the speculating.
what "errors" does jubikati have in mind? we cant give him a "blank check" - to amend LoC's loss to a win.
what "errors" did he "amend" on the forms of 8.8?
what procedure did he follow to "amend" the "errors" and was a proper audit trail kept - securely?
so, jubikati supposes that the data transmitted from the cobstituency contains "errors" and need to be "amended".
1. why aren't the constituency staff trained to check their work, verify the tally through a recount if necessary - before transmission to iebc?
2. are "errors" introduced during transmission so that data received at iebc is different from that sent from the constituency - and must be corrected using what error-free method?
3. what 'field' in the record transmitted from the the constituency can be "amended" at the iebc office by jubukati - and still be a true account of the ballots as cast at the constituency? he can't verify the total votes cast at the constituency - because he cannot recount them (because the raw data, the ballots, is elsewhere - in the constituency..)
jubikati is stonewalling - pretending that his was an honest mistake. no, it was premeditated. malicious.
4. if jubikati claims that he doesn't understand what he can and cannot do, he doesnt have the skills required for the job. he cannot modify the data transmitted from the constituency. his part is to faithfully aggregate - NOT AMEND - the data as received from each constituency. (leave the pen by the door!) (he doesn't need a law degree to comprehend that - although better skills at hacking could have saved him from exposure on 8.8..)

Hehe!!! now you're talking of sanitizing, the way you are sanitizing kiswahili proverb from Mbiu ya mgambo to mbiyu wa mgambo. whaah!!

ha

The Maina Kiai case said Chebukati cannot change anything in Forms 34 A or B. The Supreme Court said Chebukati has to check the said Forms. The simple question then is why does Chebukati have to check Forms 34A? Why not just add up the Forms 34B figures and announce the winner?

If Chebukati found that in a certain constituency the totals from the Forms 34A do not add up to the figure indicated in the respect Form 34B, may be more or less, what should he do? As things stand now he cannot change anything!

The Chair will have to ask the constituency RO to redo the calculations.

No. The RO cannot legally do that. Remember they are given ONE form 34B which has a watermark and other security features, (actually what you are saying may explain why some forms didn't have security features). After ROs DECLARE the results, (through Form 34Bs) it is now out of their hands.

I must agree with the sc this time,surely if the constituency figure does not tally with the total polling station numbers why not ask the constituency RO to do his math right instead of doing it for him,the chairman, s job should be only adding up the 47 or is it 8?34Bs.

For sure I wonder whether the current judges of supreme court are the best we could have got from all the pool of legal mind trained in Kenya. Instead of Maraga, why didn't we get John Khaminwa or justice Ojwang etc. Justice Mwilu is the lowest we have ever got even for a senior magistrate court. We need to revisit this composition urgently

Justice Mwilu is such an embarrassment to this nation. When you are a judge of such a court, you ought to be soo well versed with the law to an extent you dream with it, able to recite it even in your sleep. She is simply nothing near to a polished professional

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Must everything have to go in your favor ? accept and move on! GOD BLESS KENYA!

So we should have crooks as judges of the highest court of the land? One day you will need justice from that court and find current incompetence, that day you will wake up. Hayo tu kwa sasa

The IEBC Lawyers are asking a very simple question, if the Returning Officers commit errors while compiling the form 34A (which is done manually) can the Chairman rectify to reflect the correct figures. I am seeing a scenario where Returning Officers will be the Alpha and Omega of the results. Because whatever they declare becomes law, whether true or false.

The ROs, in doing their calculations, were in the company of party agents. If the agents did not notice the errors, there's no turning back once the form 34B has left the constituency tallying centre. The IEBC chairman as the RO national tallying centre has no business verifying details in Form 34As (polling station forms). That was duly done by the constituency RO. Why will an RO make a totalling error? Lack of seriousness, which should attract immediate disciplinary procedure. Chebukati's work is just to add up figures in Forms 34Bs from 292 tallying constituencies (the 290 constituencies, Diaspora and an other entity which I cant recall now). He should avoid errors in this total. Lets see how the courts will reason!!!

It is Diaspora and Prisons. A case in point there was a form that had indicated Raila garnered i think 12 votes in his own stronghold in Nyanza in a constituency that has hundred of thousands of registered voters. If you were Chebukati and you stumble on such which is logically an error what do you do. You go ahead and compile yet your conviction dictates otherwise.

Yes Prisons. That portends a dilemma. However; in the Maina Kiai case, the appeals court opined that the IEBC chair should not change figures in Forms 34Bs at the national tallying centre. The import of this verdict seems to me that the chair announces the winner based on the forms before him despite errors and the vanquished has the opportunity to petition this at the Supreme Court (SC). The SC will then make a ruling based on whether the erred figures have impacted the calculus, among other issues. This matter however requires legal minds to debate and thrash out with the SC & IEBC

Quite simple but Maraga and Mwilu do not seem to understand. Do they know what their judgement said? They are either trying to close their ears and brain or do not want to use them at all!