Kaigangio wrote:Quote:(2) A political party shall not change the candidate nominated after the nomination of that person has been received by the Commission:
Provided that in the event of the violation of the electoral code of conduct by the nominated candidate, the political party may after notifying the candidate that the party seeks to substitute, where applicable, substitute its candidate before the date of presentation of nomination papers to the Commission.
If I read the above correctly, then the judges in Kethief's case will be arm twisting the IEBC into doing something illegal...
You are forgetting something very important... The Elections Act is not an end to itself...
Wiper were given the power to nominate an alternative candidate PURSUANT TO A RULING OF COURT.
Unless and until that decision is set aside the provisions of the political Parties Act and Elections Act have no application...
Let them go to the Court of Appeal and if they so wish try and overturn that decision. I will tell you for free they won't succeed...
Constitutionalism demands equal protection under the law.
The High Court ruled and rightly if I may add that it would be unfair for the people of Makueni to be disenfranchised on the basis of the actions of one person.
That is especially if the party concerned could not have been proved to have participated in the violation of the electoral code...
It sucks that we are making everything into a contest people should grow up...
possunt quia posse videntur