Wazua
»
Club SK
»
Politics
»
why rejected votes should not be included inthe tally
Rank: Elder Joined: 4/22/2010 Posts: 11,522 Location: Nairobi
|
KulaRaha wrote: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! ... U cannot challenge the Constitution. U can only seek its interpretation. possunt quia posse videntur
|
|
|
Rank: Veteran Joined: 9/21/2011 Posts: 2,032
|
Mpenzi wrote: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. Presidential votes put in other boxies were also 'votes casts' in the election. The constitution does not anticipate six ballot boxies. Run-off is not bad for posterity, if we had this provision, moi would never have won in 92 and 2007 Pev would never have taken place
|
|
|
Rank: Member Joined: 6/12/2011 Posts: 237
|
simonkabz wrote:
“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.
Whenever disputes arise regarding the spirit and letter of the constitution, the high court is usually called upon to do an interpretation. The spirit of the constitution in this case would suggest votes cast = valid votes only. It is left to the judiciary to prove their independence by making the right decision when this is brought before them. We make or break our own tomorrows today!
|
|
|
Rank: Member Joined: 11/18/2010 Posts: 503 Location: Kenya
|
Yaaaaaaaaaawwwwwwwwwwwnnnnnnn.... Kivuitu, forgive me for anything I may have said about your performance, whether intentionally or unintentionally. We have an issue right here.
|
|
|
Rank: Veteran Joined: 10/17/2008 Posts: 1,234
|
limanika wrote:Mpenzi wrote: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. Presidential votes put in other boxies were also 'votes casts' in the election. The constitution does not anticipate six ballot boxies. Run-off is not bad for posterity, if we had this provision, moi would never have won in 92 and 2007 Pev would never have taken place The Article in the Consitution quoted above deals with presidential elections so only rejected PRESIDENTIAL ballots should be taken into account.
|
|
|
Rank: Elder Joined: 7/26/2007 Posts: 6,514
|
maka wrote:KulaRaha wrote: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! ... U cannot challenge the Constitution. U can only seek its interpretation. Aha, so in this case we would need interpretation of the statement "votes cast". Business opportunities are like buses,there's always another one coming
|
|
|
Rank: Veteran Joined: 10/17/2008 Posts: 1,234
|
KulaRaha wrote:maka wrote:KulaRaha wrote: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! ... U cannot challenge the Constitution. U can only seek its interpretation. Aha, so in this case we would need interpretation of the statement "votes cast". Indeed!
|
|
|
Rank: Elder Joined: 11/28/2006 Posts: 1,799
|
Mpenzi wrote: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. If votes for other positions are cast in the presidential box then even if they include them in the votes cast how do u determine to which presidential candidate they belong to?
|
|
|
Rank: Elder Joined: 6/2/2011 Posts: 4,824 Location: -1.2107, 36.8831
|
If i were a supreme court judge, i would rule that; Only Spoilt Presidential Ballot Papers in the Presidential Ballot Boxes to be included in determination of 50p.c+1 rule. The other papers in the boxes are similar to the dust particles in the boxes and mean nothing! Receive with simplicity everything that happens to you.” ― Rashi
|
|
|
Rank: Elder Joined: 7/23/2008 Posts: 3,017
|
If your agent signed off and confirmed that the votes were REJECTED, then you have already confirmed their rejection and will have no basis to argue for the opening of the ballot boxes and analysis to be done on the rejected votes. However, if your agent objected to the rejection, then the courts can agree to re-examine such votes. Arguing that the rejected votes relate to votes cast for the Governor or MP has no basis as I am sure the agents did not anticipate the impact of the misplaced votes. It will be impossible to convince the courts to even open the ballots on this basis as there will be no evidence to prove one's case. "The purpose of bureaucracy is to compensate for incompetence and lack of discipline." James Collins
|
|
|
Wazua
»
Club SK
»
Politics
»
why rejected votes should not be included inthe tally
Forum Jump
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.
|