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what happens if...
maka
#1 Posted : Monday, January 28, 2013 5:48:12 PM
Rank: Elder

Joined: 4/22/2010
Posts: 11,522
Location: Nairobi
What happens if we have a round two
and one of the candidates isn’t in the
country during the period..?
Do you hold polls in the absence of
the candidate?
possunt quia posse videntur
Angelica _ann
#2 Posted : Monday, January 28, 2013 5:54:21 PM
Rank: Elder

Joined: 12/7/2012
Posts: 11,941
YAP, that is allowed. if we dont have 50+1 results in the presidential race, then automatically no. 1 and 2 go for run-off. being out of the country does not prevent you from contesting.
In the business world, everyone is paid in two coins - cash and experience. Take the experience first; the cash will come later - H Geneen
segemia
#3 Posted : Monday, January 28, 2013 6:04:29 PM
Rank: Member

Joined: 2/20/2009
Posts: 658
maka wrote:
What happens if we have a round two
and one of the candidates isn’t in the
country during the period..?
Do you hold polls in the absence of
the candidate?

Aaaiii!!! If you are on the track competing and the leading fellow opts out, does that stop the race.
maka
#4 Posted : Monday, January 28, 2013 6:19:45 PM
Rank: Elder

Joined: 4/22/2010
Posts: 11,522
Location: Nairobi
segemia wrote:
maka wrote:
What happens if we have a round two
and one of the candidates isn’t in the
country during the period..?
Do you hold polls in the absence of
the candidate?

Aaaiii!!! If you are on the track competing and the leading fellow opts out, does that stop the race.

...argue with legal backing not athletic analogies anyway what if you cant make it for the swearing in?
possunt quia posse videntur
washiku
#5 Posted : Monday, January 28, 2013 6:22:37 PM
Rank: Chief

Joined: 5/9/2007
Posts: 13,095
Angelica _ann wrote:
YAP, that is allowed. if we dont have 50+1 results in the presidential race, then automatically no. 1 and 2 go for run-off. being out of the country does not prevent you from contesting.


And could you possibly be sworn in in absentia? Or it can be done via skype?Laughing out loudly
limanika
#6 Posted : Monday, January 28, 2013 6:30:21 PM
Rank: Veteran

Joined: 9/21/2011
Posts: 2,032
washiku wrote:
Angelica _ann wrote:
YAP, that is allowed. if we dont have 50+1 results in the presidential race, then automatically no. 1 and 2 go for run-off. being out of the country does not prevent you from contesting.


And could you possibly be sworn in in absentia? Or it can be done via skype?Laughing out loudly

you catch the first flight back on winning!
maka
#7 Posted : Monday, January 28, 2013 6:52:54 PM
Rank: Elder

Joined: 4/22/2010
Posts: 11,522
Location: Nairobi
washiku wrote:
Angelica _ann wrote:
YAP, that is allowed. if we dont have 50+1 results in the presidential race, then automatically no. 1 and 2 go for run-off. being out of the country does not prevent you from contesting.


And could you possibly be sworn in in absentia? Or it can be done via skype?Laughing out loudly

... Article 141 is clear. The President elect will be sworn in 14 days after the
declaration of the result (that is if no
petition has been filed in the Supreme
Court within 7 days after the results).
His term starts from the date of being
sworn in. If you do the math as per
the Constitution that would mean the
first Tuesday following the 14th day
after declaration. If the elections are
done by round one and declared on
the 6th that would be the 26th of
March. Consequently one could argue
that if the President is not sworn in
pursuant to Art 141 there will be a
vacancy in that office which can be
filled by the Deputy President under
Art 146 (2) (a). To remove the
President however would be a
prerogative of the National Assembly
under Article 144 where a quarter of
the members of Parliament would
remove him under that provison.
However there is another school of
thought and for this please refer to
the Hugo Chavez decision which can
be a guide. In that case Chavez was to
be sworn in on the 10th of Jan.
However the pro Chavez congress
approved a delay in swearing in
saying he could take the oath later.
The Supreme Court agreed.This could
happen in Kenya if the National
Assembly follows its mandate under
Art 95.
possunt quia posse videntur
mawinder
#8 Posted : Monday, January 28, 2013 7:17:44 PM
Rank: Elder

Joined: 4/30/2008
Posts: 6,029
maka wrote:
washiku wrote:
Angelica _ann wrote:
YAP, that is allowed. if we dont have 50+1 results in the presidential race, then automatically no. 1 and 2 go for run-off. being out of the country does not prevent you from contesting.


And could you possibly be sworn in in absentia? Or it can be done via skype?Laughing out loudly

... Article 141 is clear. The President elect will be sworn in 14 days after the
declaration of the result (that is if no
petition has been filed in the Supreme
Court within 7 days after the results).
His term starts from the date of being
sworn in. If you do the math as per
the Constitution that would mean the
first Tuesday following the 14th day
after declaration. If the elections are
done by round one and declared on
the 6th that would be the 26th of
March. Consequently one could argue
that if the President is not sworn in
pursuant to Art 141 there will be a
vacancy in that office which can be
filled by the Deputy President under
Art 146 (2) (a). To remove the
President however would be a
prerogative of the National Assembly
under Article 144 where a quarter of
the members of Parliament would
remove him under that provison.
However there is another school of
thought and for this please refer to
the Hugo Chavez decision which can
be a guide. In that case Chavez was to
be sworn in on the 10th of Jan.
However the pro Chavez congress
approved a delay in swearing in
saying he could take the oath later.
The Supreme Court agreed.This could
happen in Kenya if the National
Assembly follows its mandate under
Art 95.

That is why I urge UMK and WSR's supporters to vote Jubilee from the top to bottom to ensure they have the numbers in parliament,senate and the counties.
harrydre
#9 Posted : Monday, January 28, 2013 7:30:17 PM
Rank: Elder

Joined: 7/10/2008
Posts: 9,131
Location: Kanjo
What if there is a run-off and one of the top 2 horses opts out in favour of a donkey? What does the constitution stipulate in such a case?
i.am.back!!!!
Angelica _ann
#10 Posted : Monday, January 28, 2013 7:45:14 PM
Rank: Elder

Joined: 12/7/2012
Posts: 11,941
harrydre wrote:
What if there is a run-off and one of the top 2 horses opts out in favour of a donkey? What does the constitution stipulate in such a case?


You cant opt out. If you do that, then whoever you were to vie against becomes the winner, that simple!
In the business world, everyone is paid in two coins - cash and experience. Take the experience first; the cash will come later - H Geneen
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