So true, am not sure why some Kenyans are not keen on knowing the truth of what happened. Perhaps because they have given up hope on making the IEBC transparent and a trusted body like so many other government institutions. Kenyans need to be empowered to know that its possible to make the institutions strong and trusted.
Me too Kenyans are too quick to give up on knowing the truth about what happened . Also they have little faith and have lost trust in iebc for the three consecutive election that's full of lies and mistrust among the seven officials
What really is this truth that only the Azimio diehards are privy to?. We all are alive to the fact that the government was in bed with the Baba outfit and therefore, the opportunity to manipulate the just concluded elections in favour of Azimio was not only available to them but that the opportunity was fully made use of in many instances and places, which is really what accounts for the close tie in the elections. It's abundantly clear to all rational people that it was only by God's Grace that Dr. Ruto won despite the manipulation and machinations employed by the outfit's operatives (both inside and outside government) from way back.
@@anthonyrono8607 that's my point, some people don't understand that the level of transparency that's required to handle elections, and even though IEBC tried to do somethings better, there are still some significant loop holes that raises questions. You can't ignore all the arguments that have been brought forward.
The four commissioners were very clear on the reasons why they distanced themselves from Chebukati declaration.of the result as follows: 1) They did not know what Chebukati was going to announce because he had kept everything to himself throughout the tallying process. 2) By the time WC was going to announce the results, 37 constituencies were still not tallied. 3) The issues raised by parties had not been discussed, and yet they relayed to the results to be announced.
Edward, you have a selective reading of the issues. What you seem to believe is strange alternative facts. At no time did the 4 Commissioners keep the 4 from the tallying process nor were there 37 constituency tallying ever mentioned as pending.
How can he keep the results of 14 m+ votes to himself tallying involves the commission as a whole from junior staff to commissioners. Haha anyway supreme court should be interesting
And 142,000 votes? Also, you didn't read or quote the Maina Kiai' case because in the same case, Maina Kiai' states the role of the chairman of the IEBC. The commissioners had the script written for them. You can tell by the fact that they hadn't read the Maina Kiai'case and cannot state their role as the commissioners leave alone count 0.01%. I also wouldn't trust them with votes if they cannot calculate simple math 🤣
What I know Baba is also tired of all this but there are some people pushing him to supreme court 🙄 why am I saying this is that all Baba's diehard politicians are safe on their seats they lost nothing Orengo is a Governor now , Simba Arati Governor, Gladys Wanga Governor, Babu Owino Parliament, Otiende Parliament etc let's leave Baba alone its time for him to enjoy with family away from politics. Ruto will inherit all the ODM and all NASA strong holds as he was once in ODM. The people who I pity are central people who by then will have no choice but to feel what the rest of the nation was undergoing out of leadership of authority. their time to rule is over its impossible now for them to blackmail Ruto with their numbers after the exit of Raila
Prof. You are saying the truth. I remember when I went to vote the room was noisy, there ware people who were telling me to vote in particular candidates, everyone seem to have a pen... I was shocked
Well informative session. Thanks Prof. for candid view and explanations that is well thought and anchored on our constitution and the applicable laws and regulations.
It is very unfortunate that the will of a majority of Kenyans can be subverted by a minority in a board room and sanitized by the law. Let no one even think of another election re-run following Chebukatis pronunciation, from the August 9th election. As a Kenyan am just tired of participating in any other election. It is useless and pointless.
Right? It's demeaning to have him called Professor and yet cannot answer legal questions. There's a lot of emotion in the layman and voters and those don't make legal conversations in court
Remember there are grievances and prayers, him and others in his political formation are about to make and lodge before the apex court. Him being a lawyer and no ordinary one for that matter, he is cognizant to the fact that the other side is keenly listening to him .
Mr once kikuyu always kikuyu I'm a lawyer too but I understand the guy clearly And this guy's are heading to court so you wanted him to spill everything for you to understand
Do your credits to conclusions then you will fathom what he's sayi.Attitude and Retaliation makes you not have a neutral ground to feel in his points.A venom from another snake cannot kill the same species.
Yes, now we understand why this election has been put in danger coz the elite are just pulling to their side watering down the decision of common person. Sorry Prof. make this simple for us
the answer is straightforward. no iebc commissioner is consulted before the declaration of results at the constituency and county level. stop the rambling
It is so clear that these presenters did not read the laws - their questions are weak - though Eric did well. Media in Kenya need to be better researchers, otherwise they are just giving their guests a wide reaching platform to spread misinformation
@@derule8111 the only thing he knows is telling people he has a crystal ball that guides his thinking. How many times have you heard him say my crystal ball tells me and take it to the bank? Follow his way of thinking at the risk of going bankrupt.
@AFRICANLIFESTYLEPODCAST Exactly 💯, this is the time to exit Kenya and go to a foreign land. That s what happened during Moi's Era a lot people especially Kikuyus had to go outside Kenya for greener pastures because they were suffocating under his reign. I see those days coming and they will be darker than Moi's time.
The Chereramatics were wrong and treasonous in their acts. The same was done by self swearing by the Angamizo puppet project. The Angamizo party is a bunch of goons heading to Jehanamu
Something is not adding up with Chebukatis declaration. It seems every thing was pre mediated long time whom he will declare. However this will be very short lived illegitimate victory for the arrogant Ruto
As I understand the electoral laws, the commission does not have the authority to discuss & decide what I as the voter intended to do, it's work is to verify the math calculations ie tally of votes, restrict any arithmetic errors and present me as the voter with the decision of our majority as voters. Commissioners should not discuss the results only note what they seem to be of concern... Incase of a dispute, then the Supreme Court will go through what voters did and the notes the commission made and make its pronouncements on the voters will...NEVER the IEBC commissioners.
I am not a lawyer but seems to me that Chebukati might have no case to answer this time round.Look at how the professor struggles to respond to a simple question
I even doubt the qualification of the so called 'prof'. A lawyer who is clueless. Raila has no evidence. He is vouching for evidence which is nonsensical
MY QUESTION IS, IF THE RESULT, AS ANNOUNCED AT THE POLLING STATION IS FINAL AND CANNOT BE ALTERED, THEN, DURING THE VERIFICATION, AN ERROR IS SPOTTED, HOW IS IT CORRECTED???? OR SHOULD IT JUST BE TALLIED THE WAY IT IS, THEN TAKE THE CASE TO SUPREME COURT FOR CORRECTION? AND WHAT ABOUT IF THE IEBC COMMISSION DOES NOT TELL THE PUBLIC OF IT, IF IT PASSED UN NOTICED BY THE DISAVANTAGED PARTY???????????
If this is what azimio is banking on then they will have to remain in opposition with procurement the rebel commissioners am sure they are not sure if they participated or not bt chebukati is smarter than them
Prof.listern to lLatfif"s question about the other 5 seats comparing with the presidential one. At what time and when is the 6th seat to be electrified?
The seat is already gone our prof. Azimio forgot that they were dealing with a one William Ruto, a brutal strategist who has never lost any political competition. A person who had delt with with deep state before in the name of Chesire a friend to then president Moi. Am sure it will take a century for prof. to understand William Ruto.
The moment raila incorporated this guy im his campaign is the moment the azimio guys committed the biggest mistake of their life,,,he is not a politician at all,,and ruto outsmarted them in that regard. How on earth can you advise raila not to attend to debate with his competitor???
The Commissioners in Bomas did NOT announce Mp,Senator,Governor,or MCA elections! Only Presidential! What does Makau mean ati the commission has to 'verify' the results?
A plain reading of Article 138(3)(c) vests the role of tallying and verifying the Presidential vote count on the IEBC, while Article 138(10)(a) allows the Chairperson to declare (not tally or verify) the tallied and verified results in 138(3)(c). Evidently, the Commissioners, by dint of Article 138(3)(c), have a corporate role to play in the tallying and verification process, and decision-making, either by consensus or simple majority, is key. Permit me to point out that the role of IEBC in 138(3)(c) is EXECUTIVE, while that of the Chairperson in Article 138(10)(a) is ADMINISTRATIVE. Otherwise, I expected Prof., being a legal scholar and practitioner, to cite the specific Constitutional and statutory provisions when answering questions posed, at least for the benefit of the two gentlemen and lady.
IEBC here stands for all staff members including returning officers that is why what they declare is final. Read the decision of the Supreme court ruling of 2017. The chairman is the presidential returning officer. His work is to tally, announce and declare. There's no article that states that the commissioners are also returning officers. They announced results for constituencies but they do not share the role of the returning officer with the chairman. They cannot discuss the results
Here is Article 138 (10) Within seven days after the presidential election, the chairperson of the Independent Electoral and Boundaries Commission shall-- (a) declare the result of the election; and (b) deliver a written notification of the result to the Chief Justice and the incumbent President.
@@nthemba2702 Kindly read Article 88 to understand what constitutes IEBC. Secondly Article 138(10)(a) only accords the Chairperson the declarative role as you can see. From the text of 138(10)(a) and (b) you just shared, do you see the wordings "tally" and "verify"? Tallying and verification are reserved for the IEBC under Article 138(3)(c). By the way, the Appellate Court in Kiai clarified that the Chairperson person playing the role of National Returning Office doesn't have such sweeping powers. I support the idea that the matter should proceed to the Appex Court for clarity and jurisprudential development. Thanks for the opinion.
My sister I totally agree with you but majority don't see that unfortunately chebukati has put us in the pit that no one will let us out unless God comes down on earth especially here in Kenya.
Announcement of the results is an act. The question should be where does the national returning officer gets the figures he announces. These figures are the aggregation of all the votes figures got from forms 34 A. And the addition is done by all the commissioners all comfirm to the out come then the chairman goes a head to announce the figures as all confirmed by the parties involved.
@Gigi Marco that's the reason Rao lost the plot in this election and mark you, it's the same reason he might be beaten at the supreme court. Professor MM would not last half a day as an advisor in Ruto's court. His is the wisdom of Ahithophel, not fit for consumption by a leader of Rao's stature.
The simple question asked by Eric Ratiff: ' during the polls results at the polling station, who does the Presiding officer consult before announcing the results? TWO, who does the County Returning Officer consult before announcement of results? THREE, Is Chebukati in order to consult commissioners during the president's results announcement? Please guide
Eric Ratiff should first ask how many iebc commissioners are present at the county and constituency level, may be at those levels we only have one commissioner
@hiquest at the polling station RO don't need to consult coz it's a real/raw counting in don't physically before the agents and an image taken n transmitted to Bomas. Thus no consultation coz it's real n physically unlike at the Bomas wea they are acting on what they received whether fake or valid. So please spares u the question.
If you see a Professor Struggling to state a simple matter of the role of a returning officer at the constituency level just know he is trying a curve the law in his favor
@@sergddr9663 is there anything wrong with selling mtumba? If it is then why didn't handshake eradicate them and offer an alternative? Ama ni kupayuka tu kama mr pandora akituambia we loose 2 B a day under handshake brothers yet they did nothing coz they were beneficiaries of the loot. Is the economy thriving under handshake brothers 😂 I'm sure you will twist an imaginary economy in your head and say it's thriving 😂 living in denial coz of hate😂🤣
Raila was doing well until: 1. He missed the presidential debate 2. The video of him saying 'atamaliza kasumba ya dini ya Kikiristu kuwekwa juu ya zingine 3. Aliposema mitumba are clothes for dead people 4. Most Luos especially in his counties refused to vote
@@christineopiyo7769 your two masters were outsmarted by their junior 🤣 a sitting prezo na former PM wamefanyiwa ile kitu 🤣 ata ikirudiwa bado atanyorishwa coz numbers don't lie 🤣 his strongholds eroding is the reason why he lost so bado atanyorishwa tena even if we repeat 🤣
@@tukutanechuom3366 I don't think they want rerun just recount so we see how those ballots were stuffed. I have no problem with Ruto winning but let it be in a honest way.
does it mean that the role of the commissioners in IEBC is limited only to the presidential election. The returning officers at the constituency level declares the elections after they have agreed with the presiding officers at polling centers. if they don't agree with the aggregate result at the constituency level, this is where the IEBC commissioners come in. At the constituencies level it's delegated authority. consequently, the commissioners should agree on matters to do with the presidential election results. if they don't, it doesn't mean that the chair can't declare the result. The aggrieved party can then go to the SCOK for determination. At the moment, the SCOK is faced with the question of the role of the rest of the commissioners in the declaration of the presidential result.
R/O at polling station has to announce the outcome at constituency. Bcz the only form is 34A. For Presidential their are 34A,34B,34Cforms.These must be tallied verified by the 7commisioners for chairperson to Announce. This dint happen.
Nope. Only the presidential returning officer does that. Commissioners wanted to discuss votes, that's unconstitutional. Read the supreme court ruling of 2017. It has everything there.
Read the terms of service for iebc commissioner, talling is the work of the presidential returning officer plus announcement. The RO can delegate announcement of particular constituencies only
Professor that you much to stand with the truth we know the truth will be seen we are praying for Baba and Martha to have good security because Ruto and his group are not good. We in U.S.A we are behind Baba and Martha because we want peace in Kenya 🇰🇪 🙏
Even your prof has been in US for over 40 years, you realize, he does not understand the politics of our country even our election as a process. Take him back sir.
Almost 30minutes into the conversation I still can't understand what exactly the good professor saying. If you have to argue this long to make a point being the entire party's spokesperson, I doubt there's any point to speak.
@@saveodenyo2931 Why did the 4 commissioners speech match with the Raila Speech? Chebukati just announced what appeared on form 34A. Go to form 34A, do your mathematics and come with figures. Not emotions
Can anyone invite Julius Malema to watch this interview instead of judging Mr Raila Odinga harshly. Julius tells us that he wants to lead Africa to unity and yet he seems not to understand what is going on in African politics.
That is the reason you will continue suffering and called third world country. Anything that is not clean will always bring unclean outcome.. In developed democracies you receive a ballot paper in your mail box. Vote and return the same through the mail. And it is counted and you get the true results. Think about it though
It's really simple. Prof is not telling us what Azimio is disputing? Is it that they are disputing the forms 34A & 34B as not being the same as those on the portal or are they disputing the way the variation process at Bomas or is it the conduct of the returning officer at Bomas? Which is it or all the above. Kenya and her people have come along way from the dark days of violence.
@@lonycomedian448 Off course you can hold the peace while you wait for the court ruling. Its a personal choice to restrain ones self from disturbing the peace. Azimio has the constitutional right to take their complaint to court and we will definitely wait in peace for the out come.
This is a weak argument Prof. I understand your loyalty lies in Azimio but even we the voters have accepted and have stopped chasing the wind. The commissioners do not need to form quorum or consensus for a declaration to be made. Chebukati is the presidential returning officer. Let's work on our economy, taking our children to school and recovering what we lost during covid. Furthermore, you have options to fly back and live in the US, we don't! Tell the other Azimio team we are tired. It's time to realize Kenya is bigger than any leader and we have accepted it.
@@saveodenyo2931 I'm not what you say I am. I am a voter just like you who needs to feed myself, make money and pay taxes. If you feel like you need to assert your pain and delusion by calling me darkness, feel free to do so. However, remember that your tax pays fuel, electricity, pension of Raila, Mudavadi, Kalonzo and all other former public figures. You can appoint yourself a spokesman for them here but truth is, we move on. They will still eat from your table whether they win or not.
Am not a luo but the way Raila has been treated in each and every election seems like something fishy has been hunting him but not entire community.why not hand over to another young luo man ?
Free and fair elections.Both teams had agents on ground so this complaints we wait for court and let Kenyans live in peace . I don't know why all these complaints were not there on 10th? cause on 10th big percentage of form 34As were already available on the portal.
This is a great opportunity for Makau Mutua to shine and show his legal expertise by leading the Azimio case in court. We have only seen him on JKL talk shows but never in a real court of law where prosecution of cases takes place. Now, he is busy finding fault in the IEBC Chairman and determining that Azimio is right even without scrutinizing the matter and the law.
Pls Ass-mio have prof represent you, it will be hilarious seeing him sweating kotini sio interview and our judges don't play around, another rudy giuliani sweating. Kichwa ya pro itakua ya Red 🤣🤣
Quick recovery prof. Living & working in the U S A doesn't mean you have become smarter than rest of Kenya. You always speak with allot of madharau when discussing ANYTHING KENYAN! Pls mind your language.
Eric Latiff,you let Mutua get away with falsehood! THE ANNOUNCEMENT ST THE POLLING STATION IS FINAL!!! Nobody else can change it! Makau is saying that commissioners still have to verufy? And you let him get away with that??
I can't wait for them to present that to the supreme court because it will be their weakest claim. The commission includes all staff members even the returning officers at the polling station. That's why in the 2017 Supreme court ruling they stated that results declared at the polling station are final. I think they are chasing the wind unless they have a separate arrangement with the court 👀
Prof. once the people have made their decision through the vote, the commission has no role in debating /deciding on the people's decision... what the law allows them to do is to only announce. Eric, where is the tissue paper for Prof.?
Raila cost himself by having useless advisers like Uhuru and Mutua who misled him on the choice of running mate, who blocked Kalonzo- the better running mate choice, asked him not to attend the presidential debate and pursuing a campaign message that was not in line with the current issues such as cost of living and being on the defense for the the failures of the Jubilee administration.
Prof, quiet embarrassing, the law is very clear on the IEBC Task and also the 2017 ruling interpreted the same very clearly in a lay man language, great Job Eric lets keep this lawyers to actually interpret the law and not only to suit them
Those results uploaded on the IEBC Portal were signed at the polling stations by the party agents, Chebukati was only tallying the uploaded results,we the voters are the bosses, Ruto won.
Contrary to the expectation of the public, Prof Makau is objecting to the legal roles specified in the constitution to presiding elections by the returning officer according to the levels of their limits. We were all on the screen as commissioners announced constituency presidential result one after another. We were also watching the commissioners tally of the final result and the legal declaration of the result by the chairman. Remember I voted yes Raila but i must accept a defeat.
The man(unable to call him professor)is a shame to Azimio,the legal profession and Kenya as a whole. he should just go back to the land of opportunities (even for idiots).
So true, am not sure why some Kenyans are not keen on knowing the truth of what happened. Perhaps because they have given up hope on making the IEBC transparent and a trusted body like so many other government institutions. Kenyans need to be empowered to know that its possible to make the institutions strong and trusted.
Me too Kenyans are too quick to give up on knowing the truth about what happened . Also they have little faith and have lost trust in iebc for the three consecutive election that's full of lies and mistrust among the seven officials
If this elections wasn't transparent then we need to change the meaning of transparent
What really is this truth that only the Azimio diehards are privy to?. We all are alive to the fact that the government was in bed with the Baba outfit and therefore, the opportunity to manipulate the just concluded elections in favour of Azimio was not only available to them but that the opportunity was fully made use of in many instances and places, which is really what accounts for the close tie in the elections. It's abundantly clear to all rational people that it was only by God's Grace that Dr. Ruto won despite the manipulation and machinations employed by the outfit's operatives (both inside and outside government) from way back.
@@anthonyrono8607 that's my point, some people don't understand that the level of transparency that's required to handle elections, and even though IEBC tried to do somethings better, there are still some significant loop holes that raises questions. You can't ignore all the arguments that have been brought forward.
Mr. Latiff am impressed with your questions even if makau has not answered any of them instead he si giving stories
Poor Prof. ... I feel you, man. This loss must be difficult for you- Quick recovery
The four commissioners were very clear on the reasons why they distanced themselves from Chebukati declaration.of the result as follows:
1) They did not know what Chebukati was going to announce because he had kept everything to himself throughout the tallying process.
2) By the time WC was going to announce the results, 37 constituencies were still not tallied.
3) The issues raised by parties had not been discussed, and yet they relayed to the results to be announced.
Edward, you have a selective reading of the issues. What you seem to believe is strange alternative facts. At no time did the 4 Commissioners keep the 4 from the tallying process nor were there 37 constituency tallying ever mentioned as pending.
How can he keep the results of 14 m+ votes to himself tallying involves the commission as a whole from junior staff to commissioners. Haha anyway supreme court should be interesting
And 142,000 votes? Also, you didn't read or quote the Maina Kiai' case because in the same case, Maina Kiai' states the role of the chairman of the IEBC. The commissioners had the script written for them. You can tell by the fact that they hadn't read the Maina Kiai'case and cannot state their role as the commissioners leave alone count 0.01%. I also wouldn't trust them with votes if they cannot calculate simple math 🤣
It’s so sickening
😇
If these are the people Raila is banking on matters election petition I have my reservations
What I know Baba is also tired of all this but there are some people pushing him to supreme court 🙄 why am I saying this is that all Baba's diehard politicians are safe on their seats they lost nothing Orengo is a Governor now , Simba Arati Governor, Gladys Wanga Governor, Babu Owino Parliament, Otiende Parliament etc let's leave Baba alone its time for him to enjoy with family away from politics. Ruto will inherit all the ODM and all NASA strong holds as he was once in ODM. The people who I pity are central people who by then will have no choice but to feel what the rest of the nation was undergoing out of leadership of authority. their time to rule is over its impossible now for them to blackmail Ruto with their numbers after the exit of Raila
Politics is his passion. I bet he was glad to do it all over again atoke nyumbani 😀.
He has fine tuned the IEBC processes.
Makau is taking care of his unga..what did you expect him to say? Just like any other man in his position would do..
Eric you're good, thumbs up for you.
Professor thank you and please save us from agony through the courts 🙏🏾🙏🏾🙏🏾🙏🏾
Prof. You are saying the truth. I remember when I went to vote the room was noisy, there ware people who were telling me to vote in particular candidates, everyone seem to have a pen... I was shocked
Excuses kama za trampu na wafuasi wake tu. Baba ndio trampu wetu na NYINYI ni brothers na sisters wa wafuasi wake 🤣 same script, same empty analysis 🤣
Danganya wajinga bro.. The last place to campaign is at the polling station.
Well informative session. Thanks Prof. for candid view and explanations that is well thought and anchored on our constitution and the applicable laws and regulations.
It is very unfortunate that the will of a majority of Kenyans can be subverted by a minority in a board room and sanitized by the law. Let no one even think of another election re-run following Chebukatis pronunciation, from the August 9th election. As a Kenyan am just tired of participating in any other election. It is useless and pointless.
This conversation is soo draining. Am a law student and finding it very hard to fathom how counsel evades issues. Am just worried for the laymen.
Right? It's demeaning to have him called Professor and yet cannot answer legal questions. There's a lot of emotion in the layman and voters and those don't make legal conversations in court
Remember there are grievances and prayers, him and others in his political formation are about to make and lodge before the apex court. Him being a lawyer and no ordinary one for that matter, he is cognizant to the fact that the other side is keenly listening to him .
Mr once kikuyu always kikuyu I'm a lawyer too but I understand the guy clearly
And this guy's are heading to court so you wanted him to spill everything for you to understand
Do your credits to conclusions then you will fathom what he's sayi.Attitude and Retaliation makes you not have a neutral ground to feel in his points.A venom from another snake cannot kill the same species.
Yes, now we understand why this election has been put in danger coz the elite are just pulling to their side watering down the decision of common person. Sorry Prof. make this simple for us
the answer is straightforward. no iebc commissioner is consulted before the declaration of results at the constituency and county level. stop the rambling
He says the MCAs elect are celebrating too early🤣🤣🤣🤣 The decision of RO is subject to the commissioners decision(final)
It is so clear that these presenters did not read the laws - their questions are weak - though Eric did well. Media in Kenya need to be better researchers, otherwise they are just giving their guests a wide reaching platform to spread misinformation
Absolutely. Their questions lack factual background
Bro don’t show us how makau has no info about Constitution
This guy is a fake Professor wallahi all his interviews are just full of shit and lots of propaganda
@@derule8111 Makau Having information on the constitution is one thing, Presenting it accurately is another
@@derule8111 the only thing he knows is telling people he has a crystal ball that guides his thinking. How many times have you heard him say my crystal ball tells me and take it to the bank? Follow his way of thinking at the risk of going bankrupt.
i dont want to give up on my country Kenya but the way its going forward its going to be very dark and heavy even to the 4th estate
Why
@@mkenyatrue2095 Because
True
@AFRICANLIFESTYLEPODCAST
Exactly 💯, this is the time to exit Kenya and go to a foreign land. That s what happened during Moi's Era a lot people especially Kikuyus had to go outside Kenya for greener pastures because they were suffocating under his reign. I see those days coming and they will be darker than Moi's time.
The Chereramatics were wrong and treasonous in their acts. The same was done by self swearing by the Angamizo puppet project. The Angamizo party is a bunch of goons heading to Jehanamu
Something is not adding up with Chebukatis declaration. It seems every thing was pre mediated long time whom he will declare. However this will be very short lived illegitimate victory for the arrogant Ruto
🤣
As I understand the electoral laws, the commission does not have the authority to discuss & decide what I as the voter intended to do, it's work is to verify the math calculations ie tally of votes, restrict any arithmetic errors and present me as the voter with the decision of our majority as voters. Commissioners should not discuss the results only note what they seem to be of concern... Incase of a dispute, then the Supreme Court will go through what voters did and the notes the commission made and make its pronouncements on the voters will...NEVER the IEBC commissioners.
As simple as that
I am not a lawyer but seems to me that Chebukati might have no case to answer this time round.Look at how the professor struggles to respond to a simple question
This time round Chebukati is on a firm ground and that's why he's worried of nothing..
I even doubt the qualification of the so called 'prof'. A lawyer who is clueless. Raila has no evidence. He is vouching for evidence which is nonsensical
You are wrong here. There cannot be dissenting 4 but dissenting 3 who are the minority.
He's sweating profusely, he needs ice water and a personal fan.
That's not for you to decide.. The courts will.
MY QUESTION IS, IF THE RESULT, AS ANNOUNCED AT THE POLLING STATION IS FINAL AND CANNOT BE ALTERED, THEN, DURING THE VERIFICATION, AN ERROR IS SPOTTED, HOW IS IT CORRECTED????
OR SHOULD IT JUST BE TALLIED THE WAY IT IS, THEN TAKE THE CASE TO SUPREME COURT FOR CORRECTION?
AND WHAT ABOUT IF THE IEBC COMMISSION DOES NOT TELL THE PUBLIC OF IT, IF IT PASSED UN NOTICED BY THE DISAVANTAGED PARTY???????????
If the results at constituency level and county level are not final, why do returning officers give certificates?
Exactly what I thought
If this is what azimio is banking on then they will have to remain in opposition with procurement the rebel commissioners am sure they are not sure if they participated or not bt chebukati is smarter than them
Prof.listern to lLatfif"s question about the other 5 seats comparing with the presidential one. At what time and when is the 6th seat to be electrified?
This is a very good discussion. Lot's of insight and knowledge
acerbic wits from makau depict anticipated peace and unity in our country despite political differences in our country
I am yet to know why the professor calls the two commissioners rogue.What unbecoming action did they do?
Walikula,wakakula na bado wanaendelea kukulaaa.
WE WRE DEALING WITH A DANGEROUS MAN AS FAR AS INTEGITY IS CONCERNED.
TO MAKE IT WORSE, HE DOES NOT CARE ABOUT ANYTHING.
mutua is wrong and majority of kenyans have spoken. dynasties kwisha
The seat is already gone our prof. Azimio forgot that they were dealing with a one William Ruto, a brutal strategist who has never lost any political competition. A person who had delt with with deep state before in the name of Chesire a friend to then president Moi. Am sure it will take a century for prof. to understand William Ruto.
Waterloo.
Very true
Very true
He can't learn, his egos are top norch
Glorifying a human being...uuuh
The moment raila incorporated this guy im his campaign is the moment the azimio guys committed the biggest mistake of their life,,,he is not a politician at all,,and ruto outsmarted them in that regard. How on earth can you advise raila not to attend to debate with his competitor???
Good question 🤔. Now let's see if he relocates to another country now that the person he supposedly could not share a podium with is the president
As a nation we need justice more currently not peace
The Commissioners in Bomas did NOT announce Mp,Senator,Governor,or MCA elections! Only Presidential! What does Makau mean ati the commission has to 'verify' the results?
Prof. Cornered here! The words can't come out right, he wants to run but he can't hide
Ass-mio kaput kama BBI tu 🤣🤣🤣
A plain reading of Article 138(3)(c) vests the role of tallying and verifying the Presidential vote count on the IEBC, while Article 138(10)(a) allows the Chairperson to declare (not tally or verify) the tallied and verified results in 138(3)(c). Evidently, the Commissioners, by dint of Article 138(3)(c), have a corporate role to play in the tallying and verification process, and decision-making, either by consensus or simple majority, is key. Permit me to point out that the role of IEBC in 138(3)(c) is EXECUTIVE, while that of the Chairperson in Article 138(10)(a) is ADMINISTRATIVE. Otherwise, I expected Prof., being a legal scholar and practitioner, to cite the specific Constitutional and statutory provisions when answering questions posed, at least for the benefit of the two gentlemen and lady.
Hehehe so Chebukati basically assumed the roles of the commissioners
@@joshuakisali5489 To the extent that there was no consensus or unanimous decision before declaring the results.
IEBC here stands for all staff members including returning officers that is why what they declare is final. Read the decision of the Supreme court ruling of 2017. The chairman is the presidential returning officer. His work is to tally, announce and declare. There's no article that states that the commissioners are also returning officers. They announced results for constituencies but they do not share the role of the returning officer with the chairman. They cannot discuss the results
Here is Article 138
(10) Within seven days after the presidential election, the chairperson of the Independent Electoral and Boundaries Commission shall--
(a) declare the result of the election; and
(b) deliver a written notification of the result to the Chief Justice and the incumbent President.
@@nthemba2702 Kindly read Article 88 to understand what constitutes IEBC. Secondly Article 138(10)(a) only accords the Chairperson the declarative role as you can see. From the text of 138(10)(a) and (b) you just shared, do you see the wordings "tally" and "verify"? Tallying and verification are reserved for the IEBC under Article 138(3)(c). By the way, the Appellate Court in Kiai clarified that the Chairperson person playing the role of National Returning Office doesn't have such sweeping powers. I support the idea that the matter should proceed to the Appex Court for clarity and jurisprudential development. Thanks for the opinion.
Right now we need people who will stand and fight corruption and corrupt leaders from our offices. From president to civil servants.
My desire too , but unfortunately if the status quo obtains , in as far as corruption is concerned we have jumped from a flying pan into the fire.
My sister I totally agree with you but majority don't see that unfortunately chebukati has put us in the pit that no one will let us out unless God comes down on earth especially here in Kenya.
@@sandisteff7345.It's me and you , teach our people to gold our leaders accountable from MCA . We Kenyans let's start from MASHINANI.
Announcement of the results is an act. The question should be where does the national returning officer gets the figures he announces. These figures are the aggregation of all the votes figures got from forms 34 A. And the addition is done by all the commissioners all comfirm to the out come then the chairman goes a head to announce the figures as all confirmed by the parties involved.
Dear sir accept the trutj that the man disrespected and called all shots of words is now your president and nothing will change that
Makau Mutua is a Baba Beloved ❤️.I like the Guy.
@Gigi Marco that's the reason Rao lost the plot in this election and mark you, it's the same reason he might be beaten at the supreme court. Professor MM would not last half a day as an advisor in Ruto's court. His is the wisdom of Ahithophel, not fit for consumption by a leader of Rao's stature.
Prof eti the commission decides what is to be announced !!?? HOW!!??? ... then WHY HOLD AN ELECTION!??
Baba has no figures hana kura period no system
The simple question asked by Eric Ratiff: ' during the polls results at the polling station, who does the Presiding officer consult before announcing the results? TWO, who does the County Returning Officer consult before announcement of results? THREE, Is Chebukati in order to consult commissioners during the president's results announcement? Please guide
There must be a reason why commissioners are hired.
@@christineopiyo7769 true, commissioners are not flower girls
Eric Ratiff should first ask how many iebc commissioners are present at the county and constituency level, may be at those levels we only have one commissioner
@hiquest at the polling station RO don't need to consult coz it's a real/raw counting in don't physically before the agents and an image taken n transmitted to Bomas.
Thus no consultation coz it's real n physically unlike at the Bomas wea they are acting on what they received whether fake or valid. So please spares u the question.
Signs of a dying horse, two masters were outsmarted by their junior simple as that. A sitting prezo na former PM 🤣🤣 let that sink in 🤣
If you see a Professor Struggling to state a simple matter of the role of a returning officer at the constituency level just know he is trying a curve the law in his favor
Kwani were ni wakili?
The law is a donkey.
That's what losers do, trying to justify their loss🤣 baba is now working on a handshake idea🤣
Chebukati was right but azimio are totally wrong even the commissioners are empty
I hope you are not a mutumba seller coz your lunguage looks like not for a prophessor but for those people in the market
@@sergddr9663 is there anything wrong with selling mtumba? If it is then why didn't handshake eradicate them and offer an alternative? Ama ni kupayuka tu kama mr pandora akituambia we loose 2 B a day under handshake brothers yet they did nothing coz they were beneficiaries of the loot. Is the economy thriving under handshake brothers 😂 I'm sure you will twist an imaginary economy in your head and say it's thriving 😂 living in denial coz of hate😂🤣
Raila was doing well until:
1. He missed the presidential debate
2. The video of him saying 'atamaliza kasumba ya dini ya Kikiristu kuwekwa juu ya zingine
3. Aliposema mitumba are clothes for dead people
4. Most Luos especially in his counties refused to vote
Pliz let Prof Makau to confirm when did the commission sit to verify for all County n Constituency reults
There must be a good reason why the commissioners were hired not just to earn tax payer salary
@@christineopiyo7769 your two masters were outsmarted by their junior 🤣 a sitting prezo na former PM wamefanyiwa ile kitu 🤣 ata ikirudiwa bado atanyorishwa coz numbers don't lie 🤣 his strongholds eroding is the reason why he lost so bado atanyorishwa tena even if we repeat 🤣
@@tukutanechuom3366 I don't think they want rerun just recount so we see how those ballots were stuffed. I have no problem with Ruto winning but let it be in a honest way.
Let them take that nonsense to Supreme Court.
🤣🤣🤣
Prof Makau is an epitome that you can't be anywhere near Raila Odinga unless you unconditionally massage his ego.
At the polling station amd constituency, there is no 'commission' to consult !
Prof you are falling into Eric's traps with your eyes open. I dont think you are familiar with the electoral procedures in kenya.
The composition matters. ROs membership is through agents of the candidates competing...that's where the consultation is at.
does it mean that the role of the commissioners in IEBC is limited only to the presidential election. The returning officers at the constituency level declares the elections after they have agreed with the presiding officers at polling centers. if they don't agree with the aggregate result at the constituency level, this is where the IEBC commissioners come in. At the constituencies level it's delegated authority. consequently, the commissioners should agree on matters to do with the presidential election results. if they don't, it doesn't mean that the chair can't declare the result. The aggrieved party can then go to the SCOK for determination. At the moment, the SCOK is faced with the question of the role of the rest of the commissioners in the declaration of the presidential result.
Is this guy a real professor!!, Maan. He sounds like an ecd teacher
He is a professor....he doesn't herd cows
🤣🤣🤣
true mr. proffessor makau
R/O at polling station has to announce the outcome at constituency. Bcz the only form is 34A. For Presidential their are 34A,34B,34Cforms.These must be tallied verified by the 7commisioners for chairperson to Announce. This dint happen.
Nope. Only the presidential returning officer does that. Commissioners wanted to discuss votes, that's unconstitutional. Read the supreme court ruling of 2017. It has everything there.
Read the terms of service for iebc commissioner, talling is the work of the presidential returning officer plus announcement. The RO can delegate announcement of particular constituencies only
Eric👍🏾👍🏾👍🏾👍🏾
Supreme Court doors are wide open for any dispute.......✍️👌
Makau Mutua seems very tense and sad. He was waiting for Deep State to take them to them State House.
Ruto's secret society overpowered the deep state.
Professor that you much to stand with the truth we know the truth will be seen we are praying for Baba and Martha to have good security because Ruto and his group are not good. We in U.S.A we are behind Baba and Martha because we want peace in Kenya 🇰🇪 🙏
Even your prof has been in US for over 40 years, you realize, he does not understand the politics of our country even our election as a process. Take him back sir.
The seat s gone
Almost 30minutes into the conversation I still can't understand what exactly the good professor saying. If you have to argue this long to make a point being the entire party's spokesperson, I doubt there's any point to speak.
So true ..he is struggling
The problem is with you Abraham ...not the professor
@@sydneymahaga6744 😂😂😂😂actually it's you who's the problem
@@sydneymahaga6744
I concur with you.
The professor is answering everything.He is not struggling.
He is very much struggling🙄🙄🙄 nkt!
we are still firm my friend azimio juu
This time round they are struggling to find a case. Chebukati is the issue now.
But he is, you want them find who else. It's him who conducting con elections bribed. . Yr brain is taken over by yr demonic leaders..
@@saveodenyo2931 Why did the 4 commissioners speech match with the Raila Speech? Chebukati just announced what appeared on form 34A. Go to form 34A, do your mathematics and come with figures. Not emotions
@Ian u will be shocked just wait u will be shocked at supreme Court
@@richardalex4413 Which supreme court? That case belongs to mobile court
A sitting prezo na former PM wamefanyiwa ile kitu 🤣 got exposed sasa wako ndethe🤣 kicks of a dying 🐴🤣🤣
28:40 Prof, did I hear you say "...sit DOWN AND DECIDE...." what I as a voter have already decided?
This is really shallow, I doubt some so called professors.
Can anyone invite Julius Malema to watch this interview instead of judging Mr Raila Odinga harshly. Julius tells us that he wants to lead Africa to unity and yet he seems not to understand what is going on in African politics.
Malema was right.
Everyone is abandoning Raila sinking ship. Politicians from other parties. Incase of a rerun he will be defeated so badly, i pity the old man
That is the reason you will continue suffering and called third world country. Anything that is not clean will always bring unclean outcome.. In developed democracies you receive a ballot paper in your mail box. Vote and return the same through the mail. And it is counted and you get the true results. Think about it though
@@jamesmakori1342 I am sure these so called developed countries had growing pains too, for now we will work with what we have. 👍
Matokeo yapo kwenye wpste ya time pia kila chama kinayo maneno ya nini?
There's a difference between commissioners and commission of iebc
It's very hard to understand, but the good professor is trying to get justification in order to sort out the failure of odm
🤣🤣🤣🤣🤣
So real
It's really simple. Prof is not telling us what Azimio is disputing? Is it that they are disputing the forms 34A & 34B as not being the same as those on the portal or are they disputing the way the variation process at Bomas or is it the conduct of the returning officer at Bomas? Which is it or all the above. Kenya and her people have come along way from the dark days of violence.
Someone can't steal from you and hold peace at same place stop ignoring other people's rights
@@lonycomedian448
Off course you can hold the peace while you wait for the court ruling. Its a personal choice to restrain ones self from disturbing the peace. Azimio has the constitutional right to take their complaint to court and we will definitely wait in peace for the out come.
If azimio picks this man to represent them in scok....their loss is inevitable
If this man appeared before the supreme court judges at 10 Azimio will loose by 11.
Chair is returning officer prof refer to the regulations 🤷♂️🤷♂️🤷♂️
This is a weak argument Prof. I understand your loyalty lies in Azimio but even we the voters have accepted and have stopped chasing the wind. The commissioners do not need to form quorum or consensus for a declaration to be made. Chebukati is the presidential returning officer. Let's work on our economy, taking our children to school and recovering what we lost during covid. Furthermore, you have options to fly back and live in the US, we don't! Tell the other Azimio team we are tired. It's time to realize Kenya is bigger than any leader and we have accepted it.
Who are we. You are darkness, prophesor is light,v you are darkness n we shall resist yr evil plans stealing votes.
@@saveodenyo2931 dont waste your time... Even Raila knows he is getting nothing
@@saveodenyo2931 I'm not what you say I am. I am a voter just like you who needs to feed myself, make money and pay taxes. If you feel like you need to assert your pain and delusion by calling me darkness, feel free to do so. However, remember that your tax pays fuel, electricity, pension of Raila, Mudavadi, Kalonzo and all other former public figures. You can appoint yourself a spokesman for them here but truth is, we move on. They will still eat from your table whether they win or not.
mtajua baba is king
@@bennuh7563 yes of luos...not Kenya... He should go rule his people
" Stay calm and stand firm"
Mshenzi sana huyu makau mutua
Huyu prof lazima alitumia mwakenya🤣🤣🤣
Am not a luo but the way Raila has been treated in each and every election seems like something fishy has been hunting him but not entire community.why not hand over to another young luo man ?
Never give up, Baba the fifth
Free and fair elections.Both teams had agents on ground so this complaints we wait for court and let Kenyans live in peace .
I don't know why all these complaints were not there on 10th? cause on 10th big percentage of form 34As were already available on the portal.
Did Chebukate knew what he was doing in this IEBC announcement?
the agents do sign the forms to indicate their agreement.
This is a great opportunity for Makau Mutua to shine and show his legal expertise by leading the Azimio case in court. We have only seen him on JKL talk shows but never in a real court of law where prosecution of cases takes place. Now, he is busy finding fault in the IEBC Chairman and determining that Azimio is right even without scrutinizing the matter and the law.
He is going to be a big let down,,he better not try it
Behind the scenes.
Pls Ass-mio have prof represent you, it will be hilarious seeing him sweating kotini sio interview and our judges don't play around, another rudy giuliani sweating. Kichwa ya pro itakua ya Red 🤣🤣
Who told yu he HS not scrutinized only a fool will believe those lies
The law is very clear....
Prof no black boxes go to the IEBC portal and u will heal
Quick recovery prof. Living & working in the U S A doesn't mean you have become smarter than rest of Kenya. You always speak with allot of madharau when discussing ANYTHING KENYAN! Pls mind your language.
Mutua is confused too on questions, he is a one sided fellow
Eric Latiff,you let Mutua get away with falsehood! THE ANNOUNCEMENT ST THE POLLING STATION IS FINAL!!! Nobody else can change it! Makau is saying that commissioners still have to verufy? And you let him get away with that??
Makau is equating and reducing the commission to mean only the commissioners 😂
I can't wait for them to present that to the supreme court because it will be their weakest claim. The commission includes all staff members even the returning officers at the polling station. That's why in the 2017 Supreme court ruling they stated that results declared at the polling station are final. I think they are chasing the wind unless they have a separate arrangement with the court 👀
Well said prophesor.
Prof. once the people have made their decision through the vote, the commission has no role in debating /deciding on the people's decision... what the law allows them to do is to only announce. Eric, where is the tissue paper for Prof.?
Raila cost himself by having useless advisers like Uhuru and Mutua who misled him on the choice of running mate, who blocked Kalonzo- the better running mate choice, asked him not to attend the presidential debate and pursuing a campaign message that was not in line with the current issues such as cost of living and being on the defense for the the failures of the Jubilee administration.
💙
Odinga said ; has to be UNANIMOUS DECISION! WHICH WAS NOT
Prof, quiet embarrassing, the law is very clear on the IEBC Task and also the 2017 ruling interpreted the same very clearly in a lay man language, great Job Eric lets keep this lawyers to actually interpret the law and not only to suit them
Those results uploaded on the IEBC Portal were signed at the polling stations by the party agents, Chebukati was only tallying the uploaded results,we the voters are the bosses, Ruto won.
Contrary to the expectation of the public, Prof Makau is objecting to the legal roles specified in the constitution to presiding elections by the returning officer according to the levels of their limits.
We were all on the screen as commissioners announced constituency presidential result one after another.
We were also watching the commissioners tally of the final result and the legal declaration of the result by the chairman.
Remember I voted yes Raila but i must accept a defeat.
We voted at a polling Station!
Commissioners don't vote at Bomas on our behalf!
Form 34A is final!
The man(unable to call him professor)is a shame to Azimio,the legal profession and Kenya as a whole. he should just go back to the land of opportunities (even for idiots).
😂
Take your evidence to SUPREME COURT OF KENYA!
If you'll be a live in 2027 be our president
By virtue of nonsens, Azimio is never wrong.
Someone, please help Prof with some tissue paper/handkerchief