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why rejected votes should not be included inthe tally
ngapat
#1 Posted : Wednesday, March 06, 2013 8:53:16 AM
Rank: Veteran

Joined: 12/11/2006
Posts: 931
The spoilt votes includes presidential, gubernatorial, senatorial and the other three elective position. It will be very wrong to treat them as presidential votes. If they are to be included in the final tally, then they should be separated
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limanika
#2 Posted : Wednesday, March 06, 2013 10:03:54 AM
Rank: Veteran

Joined: 9/21/2011
Posts: 2,032
ngapat wrote:
The spoilt votes includes presidential, gubernatorial, senatorial and the other three elective position. It will be very wrong to treat them as presidential votes. If they are to be included in the final tally, then they should be separated

If they are separated, then we should also look for those presidential votes which were wrongly put in the gubernatoril, senatorial boxies etc. This is difficult and messy as it means re-opening all ballot boxies. This is a catch 22 situation, nobody expected it, run-off here we come
mukiha
#3 Posted : Wednesday, March 06, 2013 10:07:10 AM
Rank: Elder

Joined: 6/27/2008
Posts: 4,114
Don't assume that the majority of rejected votes are those put in the wrong box. Hassan clearly stated that they will do and audit. Until that audit is done, no one knows...
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muganda
#4 Posted : Wednesday, March 06, 2013 10:27:38 AM
Rank: Elder

Joined: 9/15/2006
Posts: 3,908
Do they even have a choice in this matter, and with such a high number of disenfranchised voters:

CONSTITUTION OF KENYA
Article 138 - Procedure at presidential election:

A candidate shall be declared elected as President if the
candidate receives—
(a) more than half of all the votes cast in the election; and
(b) at least twenty-five per cent of the votes cast in each of more
than half of the counties.

KulaRaha
#5 Posted : Wednesday, March 06, 2013 10:33:05 AM
Rank: Elder

Joined: 7/26/2007
Posts: 6,514
muganda wrote:
Do they even have a choice in this matter, and with such a high number of disenfranchised voters:

CONSTITUTION OF KENYA
Article 138 - Procedure at presidential election:

A candidate shall be declared elected as President if the
candidate receives—
(a) more than half of all the votes cast in the election; and
(b) at least twenty-five per cent of the votes cast in each of more
than half of the counties.



Is it possible to go to court to challenge your constitution? Lawyers pls help!
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simonkabz
#6 Posted : Wednesday, March 06, 2013 10:40:02 AM
Rank: Elder

Joined: 3/2/2007
Posts: 8,776
Location: Cameroon

“According to the
constitution, the text is very
clear: it’s not the valid votes
cast but the votes cast, so
therefore we have to include
them in our calculations,” said
Salim Lone, spokesman for
Mr Odinga.

I can see where the pressure is coming from. The losing side despite makerege's lies.
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limanika
#7 Posted : Wednesday, March 06, 2013 10:42:57 AM
Rank: Veteran

Joined: 9/21/2011
Posts: 2,032
muganda wrote:
Do they even have a choice in this matter, and with such a high number of disenfranchised voters:

CONSTITUTION OF KENYA
Article 138 - Procedure at presidential election:

A candidate shall be declared elected as President if the
candidate receives—
(a) more than half of all the votes cast in the election; and
(b) at least twenty-five per cent of the votes cast in each of more
than half of the counties.


Boss, some of the rejected votes in other boxies other than presidential were possibly meant for certain presidential candidates, thus you are not solving the problem by just including rejected votes in the tally without sorting. The only authentic solution is in re-opening all ballot boxies and reconciling the same. But supreme court will argue this is messy, not practically possible to do within 14 days and may not even produce a clear winner. The court will determine that a run-off is inevitable, which is ok for me so we can get a clear and undisputed winner. Next thread!
ZZE123
#8 Posted : Wednesday, March 06, 2013 10:43:50 AM
Rank: Elder

Joined: 6/21/2008
Posts: 2,490
muganda wrote:
Do they even have a choice in this matter, and with such a high number of disenfranchised voters:

CONSTITUTION OF KENYA
Article 138 - Procedure at presidential election:

A candidate shall be declared elected as President if the
candidate receives—
(a) more than half of all the votes cast in the election; and
(b) at least twenty-five per cent of the votes cast in each of more
than half of the counties.


But Votes cast should be for presidential only – not a senator vote put in the presidential ballot and considered a spoilt vote for the presidential.
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Lolest!
#9 Posted : Wednesday, March 06, 2013 11:00:29 AM
Rank: Elder

Joined: 3/18/2011
Posts: 12,069
Location: Kianjokoma
Even lawyers cant agree on this. Let it go to the courts for interpretation because it will be there all elections. If the courts rule that all rejects have to be included, this will mean in future we will be doing round 2 always.
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Mpenzi
#10 Posted : Wednesday, March 06, 2013 11:03:32 AM
Rank: Veteran

Joined: 10/17/2008
Posts: 1,234
limanika wrote:
ngapat wrote:
The spoilt votes includes presidential, gubernatorial, senatorial and the other three elective position. It will be very wrong to treat them as presidential votes. If they are to be included in the final tally, then they should be separated

If they are separated, then we should also look for those presidential votes which were wrongly put in the gubernatoril, senatorial boxies etc. This is difficult and messy as it means re-opening all ballot boxies. This is a catch 22 situation, nobody expected it, run-off here we come


There would be no basis for going to look for presidential ballots in other ballot boxes that are not presidential. They were not put in the presidential ballot boxes hence are not "cast" votes for purposes of the presidential elections.

Ballots for senators, MPs, women reps, county reps, governors placed wrongly in the presidential ballot votes DO NOT constitute "votes cast" in the presidential election hence must be excluded. Otherwise one could argue that any piece of paper found in the presidential ballot boxes must be taken into account for the purposes of calculating whether one has garnered 50% + 1.
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