jaggernaut wrote:Twitter: Mutahi Ngunyi @MutahiNgunyi
Section 77(1) of ELECTION REGULATIONS states that rejected ballots shall be "..void and shall not be counted". What law is applying?
The Elections Act,the regulations thereof and all subsidiary legislation cannot supersede the constitution.That is simple legal parlance...
Art 138(4) is clear on the tallying process it reads "A candidate shall be declared elected as President if the candidate receives
(a) more than half of ALL the votes cast in the election.Its an issue of statutory interpretation but its actually very simple...
possunt quia posse videntur