Wazua
»
Club SK
»
Politics
»
Jubilee Should Head to Court to Dispel This Legal Nonsense
Rank: Elder Joined: 4/30/2008 Posts: 6,029
|
I may head to court today or tomorrow.If I lose the case all I lose are costs.Let me look for Kibe Mungai and Donald Kipkorir to take up the case!!!!
|
|
|
Rank: Member Joined: 8/10/2008 Posts: 480
|
Lucid_Iam wrote:From the same katiba, we should not even have counted those votes; I am not a lawyer, so let lawyers tell us what it means.
77. (1) At the counting of votes at an election, any ballot paper—
(a) which does not bear the security features determined by the Commission;
(b) on which votes are marked, or appears to be marked against the names of, more than one candidate;
(c) on which anything is written or so marked as to be uncertain for whom the vote has been cast;
(d) which bears a serial number different from the serial number of the respective polling station and which cannot be verified from the counterfoil of ballot papers used at that polling station; or
(e) is unmarked, shall, subject to subregulation (2), be void and shall not be counted.
(2) A ballot paper on which a vote is marked—
(a) elsewhere than in the proper place;
(b) by more than one mark; or
(c) which bears marks or writing which may identify the voter, shall not by that reason only be void if an intention that the vote shall be for one or other of the candidates, as the case may be, clearly appears, and the manner in which the paper is marked does not itself identify the voter and it is not shown that the voter can be identified thereby. As expected, some citizens will want to ignore this part of the katiba and will engage in endless arguments. Lets wait for the Supreme Court to decide in the next two weeks.
|
|
|
Rank: Elder Joined: 3/2/2009 Posts: 26,335 Location: Masada
|
McReggae wrote:Unless the constituion is ammended this argument aint going nowhere......In Ghana it is clear 'Valid Votes Cast' in our case it also very clear 'All Votes Cast" And this problem stems from activism constitution which was copy pasted without reading between the lines! Portfolio: Sold
You know you've made it when you get a parking space for your yatcht.
|
|
|
Rank: Elder Joined: 12/7/2012 Posts: 11,941
|
Shotgun wrote:Lucid_Iam wrote:From the same katiba, we should not even have counted those votes; I am not a lawyer, so let lawyers tell us what it means.
77. (1) At the counting of votes at an election, any ballot paper—
(a) which does not bear the security features determined by the Commission;
(b) on which votes are marked, or appears to be marked against the names of, more than one candidate;
(c) on which anything is written or so marked as to be uncertain for whom the vote has been cast;
(d) which bears a serial number different from the serial number of the respective polling station and which cannot be verified from the counterfoil of ballot papers used at that polling station; or
(e) is unmarked, shall, subject to subregulation (2), be void and shall not be counted.
(2) A ballot paper on which a vote is marked—
(a) elsewhere than in the proper place;
(b) by more than one mark; or
(c) which bears marks or writing which may identify the voter, shall not by that reason only be void if an intention that the vote shall be for one or other of the candidates, as the case may be, clearly appears, and the manner in which the paper is marked does not itself identify the voter and it is not shown that the voter can be identified thereby. As expected, some citizens will want to ignore this part of the katiba and will engage in endless arguments. Lets wait for the Supreme Court to decide in the next two weeks. What you are quoting is not from the constitution but election regulations act which is subsidiary legislation. check again; constitution section 77 talks about restriction of activities of state officers> katiba tumesoma! In the business world, everyone is paid in two coins - cash and experience. Take the experience first; the cash will come later - H Geneen
|
|
|
Rank: Veteran Joined: 1/9/2009 Posts: 1,262
|
doesnt the bill of rights give all Kenyans the right to choose their leader?
wouldn't you be excluding me assuming that my vote is rejected.
The only reason you'll not count my vote is because its not clear whom I voted hence not valid but it doesn't change the fact that I showed up with the intention of selecting a leader.
|
|
|
Rank: Member Joined: 6/12/2011 Posts: 237
|
Angelica _ann wrote:Shotgun wrote:Lucid_Iam wrote:From the same katiba, we should not even have counted those votes; I am not a lawyer, so let lawyers tell us what it means.
77. (1) At the counting of votes at an election, any ballot paper—
(a) which does not bear the security features determined by the Commission;
(b) on which votes are marked, or appears to be marked against the names of, more than one candidate;
(c) on which anything is written or so marked as to be uncertain for whom the vote has been cast;
(d) which bears a serial number different from the serial number of the respective polling station and which cannot be verified from the counterfoil of ballot papers used at that polling station; or
(e) is unmarked, shall, subject to subregulation (2), be void and shall not be counted.
(2) A ballot paper on which a vote is marked—
(a) elsewhere than in the proper place;
(b) by more than one mark; or
(c) which bears marks or writing which may identify the voter, shall not by that reason only be void if an intention that the vote shall be for one or other of the candidates, as the case may be, clearly appears, and the manner in which the paper is marked does not itself identify the voter and it is not shown that the voter can be identified thereby. As expected, some citizens will want to ignore this part of the katiba and will engage in endless arguments. Lets wait for the Supreme Court to decide in the next two weeks. What you are quoting is not from the constitution but election regulations act which is subsidiary legislation. check again; constitution section 77 talks about restriction of activities of state officers> katiba tumesoma! These so called subsidiary laws give effect i.e. ope rationalize the constitution. Unless the law is inconsistent with the constitution, the courts are bound by it. We make or break our own tomorrows today!
|
|
|
Rank: Member Joined: 5/13/2008 Posts: 558
|
We are not looking at the interpretation for this election only, also for the elections to come in future;
And the argument continues;
What if the candidate "Rejected" becomes second, and no 1 doesnt crinch the magical 50% + 1, who would go for the run-off?.. M Ngunyi
|
|
|
Rank: Elder Joined: 7/23/2008 Posts: 3,017
|
Jaina wrote:We are not looking at the interpretation for this election only, also for the elections to come in future;
And the argument continues;
What if the candidate "Rejected" becomes second, and no 1 doesnt crinch the magical 50% + 1, who would go for the run-off?.. M Ngunyi The law says you must win by 50%+1, what happens to the other candidates is non of your business, just focus on 50+1, if you dont get it, then back to the debe. "The purpose of bureaucracy is to compensate for incompetence and lack of discipline." James Collins
|
|
|
Rank: Member Joined: 5/13/2008 Posts: 558
|
Obi 1 Kanobi wrote:Jaina wrote:We are not looking at the interpretation for this election only, also for the elections to come in future;
And the argument continues;
What if the candidate "Rejected" becomes second, and no 1 doesnt crinch the magical 50% + 1, who would go for the run-off?.. M Ngunyi The law says you must win by 50%+1, what happens to the other candidates is non of your business, just focus on 50+1, if you dont get it, then back to the debe. This is a very strong argument for push to remove the rejects in the final Tally percentage. Including the rejected Votes is akin to adding a 9th Candidate at the tallying stage of the election process
|
|
|
Rank: Member Joined: 6/17/2010 Posts: 572
|
xyzee wrote:doesnt the bill of rights give all Kenyans the right to choose their leader?
wouldn't you be excluding me assuming that my vote is rejected.
The only reason you'll not count my vote is because its not clear whom I voted hence not valid but it doesn't change the fact that I showed up with the intention of selecting a leader. how do you determine whose right has been undermined since all votes are anonymous hence a particular vote cannot be attributed to a particular individual 'One headache for famous medieval holy people was that someone might murder you to acquire your body parts for the relics trade'
|
|
|
Wazua
»
Club SK
»
Politics
»
Jubilee Should Head to Court to Dispel This Legal Nonsense
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.
|