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Politics update Wed 27-Mar-13
masukuma
#61 Posted : Wednesday, March 27, 2013 11:38:21 AM
Rank: Elder

Joined: 10/4/2006
Posts: 13,823
Location: Nairobi
A candidate shall be declared elected as President if the candidate receives – more than half of all the votes cast in the ELECTION;
so my question is - are votes cast in the wrong ballot box (Governor votes cast in presidential ballot boxes) count to be votes cast ... IN THE ELECTION?
All Mushrooms are edible! Some Mushroom are only edible ONCE!
chiaroscuro
#62 Posted : Wednesday, March 27, 2013 11:38:50 AM
Rank: Veteran

Joined: 2/2/2012
Posts: 1,134
Location: Nairobi
maka wrote:
McReggae wrote:
radio wrote:
If the court accepts the ongoing submission about exclusion rejected vote, will we still have a case?


The case starts after the ruling on the rejected votes!!!

Hii SC ikikubali sijui... The Constitution is very clear. Article 138 (4)(a) "A candidate shall be declared elected as President if the candidate recieves- more than half of ALL the votes cast in the election". What does ALL mean?


Agreed, ALL means ALL.

But what about a senators ballot finding its way into the presidential box?

And also, my receipt from Tuskys (where I had bought a packet of milk to keep me energised on the queue] that accidentally went into the ballot box.

Would the last two be considered part of the "ALL VOTES CAST"?

My view [and this is a VIEW, not an opinion!] is that these are foreign objects and are not votes!

Also; what is the difference between a vote and a ballot?

My view [not opinion]:

Ballot is the piece of paper bearing names of candidates and check boxes against each.

Vote is the mark placed by the elector on the ballot to indicate his/her choice.

In that case, then, if an elector marks against two candidates, does that count as two votes when determining the number of "ALL VOTES CAST"?

Now you see why we need the Supreme Court judges' help
washiku
#63 Posted : Wednesday, March 27, 2013 11:40:04 AM
Rank: Chief

Joined: 5/9/2007
Posts: 13,095
maka wrote:
McReggae wrote:
radio wrote:
If the court accepts the ongoing submission about exclusion rejected vote, will we still have a case?


The case starts after the ruling on the rejected votes!!!

Hii SC ikikubali sijui... The Constitution is very clear. Article 138 (4)(a) "A candidate shall be declared elected as President if the candidate recieves- more than half of ALL the votes cast in the election". What does ALL mean?


But Maka dont you think if things were to be taken as literary as they are written then we wouldnt need to have courts to "interprate the law"? Personally I dont know how they will rule, but I wouldnt take it from the literal view point since matters interpretation goes beyond just one section to others sections to effect on the "general n fair good of the society"
radio
#64 Posted : Wednesday, March 27, 2013 11:40:49 AM
Rank: Veteran

Joined: 11/9/2009
Posts: 2,003
2012 wrote:
Were rejected votes included in the tally?


Yes! And according to the ongoing in court, the IEBC bowed to pressure from CORD and UK Embassy in Kenya to include them against the advice of AG and others.
KulaRaha
#65 Posted : Wednesday, March 27, 2013 11:42:06 AM
Rank: Elder

Joined: 7/26/2007
Posts: 6,514
radio wrote:
2012 wrote:
Were rejected votes included in the tally?


Yes! And according to the ongoing in court, the IEBC bowed to pressure from CORD and UK Embassy in Kenya to include them against the advice of AG and others.


If Jubilee already got 50%+1 despite them being included, what's the issue? Why bother removing them now?
Business opportunities are like buses,there's always another one coming
ecstacy
#66 Posted : Wednesday, March 27, 2013 11:43:48 AM
Rank: Elder

Joined: 2/26/2008
Posts: 4,449
There is a reason there are legal timelines were crafted into the constitution. Seeing what has transpired makes one appreciate some petitioners can petition in perpetuity and deny the majority their constitutional will.
radio
#67 Posted : Wednesday, March 27, 2013 11:47:05 AM
Rank: Veteran

Joined: 11/9/2009
Posts: 2,003
KulaRaha wrote:
radio wrote:
2012 wrote:
Were rejected votes included in the tally?


Yes! And according to the ongoing in court, the IEBC bowed to pressure from CORD and UK Embassy in Kenya to include them against the advice of AG and others.


If Jubilee already got 50%+1 despite them being included, what's the issue? Why bother removing them now?


1. Think KICC.
2. % goes high for all.
madollar
#68 Posted : Wednesday, March 27, 2013 11:51:20 AM
Rank: Veteran

Joined: 11/17/2009
Posts: 2,040
Location: GA
KulaRaha wrote:
madollar wrote:
CORD was also talking about the total presidential tally exceeding the total governors tally by 1 million votes..............


Sometimes CORD should talk less and do less and think more.

smile smile smile smile smile smile smile

oraro is a good lawyer and of good repute he MUST have seen good evidence to take up this case lets wait and see what he will produce.......
washiku
#69 Posted : Wednesday, March 27, 2013 11:52:53 AM
Rank: Chief

Joined: 5/9/2007
Posts: 13,095
radio wrote:
KulaRaha wrote:
radio wrote:
2012 wrote:
Were rejected votes included in the tally?


Yes! And according to the ongoing in court, the IEBC bowed to pressure from CORD and UK Embassy in Kenya to include them against the advice of AG and others.


If Jubilee already got 50%+1 despite them being included, what's the issue? Why bother removing them now?


1. Think KICC.
2. % goes high for all.


3. Yardstick for future elections
washiku
#70 Posted : Wednesday, March 27, 2013 11:54:59 AM
Rank: Chief

Joined: 5/9/2007
Posts: 13,095
Lawyer Karori: #IEBC has the right to be right or wrong just like any other person. This court should advise way forward.
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