PROF. MAKAU MUTUA: Why Chebukati Is Wrong And Azimio Is Right About The Election 

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.

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

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

Professor thank you and please save us from agony through the courts 🙏🏾🙏🏾🙏🏾🙏🏾

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.

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

the answer is straightforward. no iebc commissioner is consulted before the declaration of results at the constituency and county level. stop the rambling

If these are the people Raila is banking on matters election petition I have my reservations

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.

Eric you're good, thumbs up for you.

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.

If the results at constituency level and county level are not final, why do returning officers give certificates?

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???????????

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

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

Makau is taking care of his unga..what did you expect him to say? Just like any other man in his position would do..

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.

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?

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

I am yet to know why the professor calls the two commissioners rogue.What unbecoming action did they do?

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

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

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 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

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.

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.

WE WRE DEALING WITH A DANGEROUS MAN AS FAR AS INTEGITY IS CONCERNED. TO MAKE IT WORSE, HE DOES NOT CARE ABOUT ANYTHING.

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

Ass-mio kaput kama BBI tu 🤣🤣🤣

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.

Is this guy a real professor!!, Maan. He sounds like an ecd teacher

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???

Prof you are falling into Eric's traps with your eyes open. I dont think you are familiar with the electoral procedures in kenya.

mutua is wrong and majority of kenyans have spoken. dynasties kwisha

Dear sir accept the trutj that the man disrespected and called all shots of words is now your president and nothing will change that

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

As a nation we need justice more currently not peace

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 🇰🇪 🙏

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.

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

This is really shallow, I doubt some so called professors.

Makau Mutua is a Baba Beloved ❤️.I like the Guy.

It's very hard to understand, but the good professor is trying to get justification in order to sort out the failure of odm

I didn't learn anything here...This was a bad discussion.

Right now we need people who will stand and fight corruption and corrupt leaders from our offices. From president to civil servants.

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.

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.

Prof. Cornered here! The words can't come out right, he wants to run but he can't hide

Let them take that nonsense to Supreme Court.

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.

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.

The composition matters. ROs membership is through agents of the candidates competing...that's where the consultation is at.

At the polling station amd constituency, there is no 'commission' to consult !

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.

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.

the agents do sign the forms to indicate their agreement.

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.?

Prof, you are very humble and soft today? What happend. Hio position ya attorney general imeeda hivo

Chebukati was right but azimio are totally wrong even the commissioners are empty

As you said OR majority and announced ! Never minority!? DIFFERENCE OF ANNOUNCEMENT. AND DECISION!!!!! ?

This time round they are struggling to find a case. Chebukati is the issue now.

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

true mr. proffessor makau

Did Chebukate knew what he was doing in this IEBC announcement?

The law is very clear....

Supreme Court doors are wide open for any dispute.......✍️👌

Misinformation, the truth is voters make decision on who to lead. The returning officer only formally announce .no decision is involved here,only the total which by the way even a keen citizen or voter can do. So announcing is just a formality.

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.

Matokeo yapo kwenye wpste ya time pia kila chama kinayo maneno ya nini?

we are still firm my friend azimio juu

Prof no black boxes go to the IEBC portal and u will heal

28:40 Prof, did I hear you say "...sit DOWN AND DECIDE...." what I as a voter have already decided?

Chair is returning officer prof refer to the regulations 🤷‍♂️🤷‍♂️🤷‍♂️

My friend if there was issues pending why did u agree or advice your Lord to run for election?????? You should be dismissed by odinga

Prof you know very well Raila always say nimeibiwa and this is 5th time so only unborn baby can't see the IEBC need time to do their job. If you teach in class go to class and if you do farming go to shamba

There's a difference between commissioners and commission of iebc

Sycophancy is bad

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??

Eric👍🏾👍🏾👍🏾👍🏾

" Stay calm and stand firm"

THIS TIME THE PROF IS NOT A PROF

who are you again.....

There's a data integrity issue. The small figure of 110 difference in the total tally is a red flag to any auditor to "take a deeper look". They will unearth many things when they start looking for "just 110". We want a full forensic audit and Raila given his rightful victory. Anything less and the military should take over. Uhuru stand firm. We are bitter.

Prof Makau is an epitome that you can't be anywhere near Raila Odinga unless you unconditionally massage his ego.

Let the spice FM presenter know that commissioners are 7(odd) number in total to eliminate any tie that may occur during any determination process

Baba is the 5th President

If azimio picks this man to represent them in scok....their loss is inevitable

Mshenzi sana huyu makau mutua

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.

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.

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

Mutua is confused too on questions, he is a one sided fellow

Speak English of Kenya not as if in US

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

By virtue of nonsens, Azimio is never wrong.