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Constitutional scholars where you at?
Dahatre
#11 Posted : Friday, September 22, 2017 4:49:33 PM
Rank: Member

Joined: 12/21/2009
Posts: 602
Paraphrasing AG Githu:

The constitution does not provide for an interim/caretaker government when elections are inconclusive. The incumbent governs until the day a new president is sworn in.

Kweli urongo?
mpobiz
#12 Posted : Friday, September 22, 2017 5:21:01 PM
Rank: Elder

Joined: 8/10/2010
Posts: 2,266
Dahatre wrote:
Paraphrasing AG Githu:

The constitution does not provide for an interim/caretaker government when elections are inconclusive. The incumbent governs until the day a new president is sworn in.

Kweli urongo?

That's why we have all this independent bodies to safe guard the laws that govern a this country.
Politics is just things to keep the people divided and foolish and put your trust in men and none of them can do nothing for you...
Much Know
#13 Posted : Friday, September 22, 2017 5:41:36 PM
Rank: Elder

Joined: 12/6/2008
Posts: 3,586
The constitution is very clear that each one vote is what counts hence the 50+1, that,s to say one million plus the one vote, or 20million plus the one vote, decides it, in nullyfing the election, the courts are only supposed to confirm each vote counted, others are stupid interpretation s trying to make precedent s but substandard law!
Ras Kienyeji Man
kayhara
#14 Posted : Friday, September 22, 2017 8:36:16 PM
Rank: Veteran

Joined: 5/5/2011
Posts: 1,059
Haha experts mwitu, si they were the same people saying that if 100 NASWA MPs resign then ni lazima kirudiwo,Uhuru himself said that when Maraga nullified the elections he stopped being president elect back to full president until such a day that another is sworn in, if for any reasons Uhuru leaves then Ruto takes over for the rest of the term in this case after elections,if both Uhuruto disappear, Muturi takes over and elections are held within 90 days
To Each His Own
Much Know
#15 Posted : Friday, September 22, 2017 8:42:12 PM
Rank: Elder

Joined: 12/6/2008
Posts: 3,586
kayhara wrote:
Haha experts mwitu, si they were the same people saying that if 100 NASWA MPs resign then ni lazima kirudiwo,Uhuru himself said that when Maraga nullified the elections he stopped being president elect back to full president until such a day that another is sworn in, if for any reasons Uhuru leaves then Ruto takes over for the rest of the term in this case after elections,if both Uhuruto disappear, Muturi takes over and elections are held within 90 days

A ruling on this will soon be made by an odm judge!
Ras Kienyeji Man
limanika
#16 Posted : Friday, September 22, 2017 8:53:39 PM
Rank: Veteran

Joined: 9/21/2011
Posts: 2,032
Dahatre wrote:
Do we have Wazuans who can answer questions about the constitution w/o bias/spin? Or is that too much to ask?

Would be nice for example to hear a non partisan summary of the dissenting justices to understand why they voted the way they did-Or what happens if subsequent elections are annulled or whether our constitution allows for joint governance etc..etc..

On last part...what joint govt? our govt structure is purely presidential. You can't change this without a referendum. Only other alternative is to create massive civil disobedience and prolonged gross public disorder (thats if govt in power fears you and allows you to do this)
limanika
#17 Posted : Friday, September 22, 2017 9:30:58 PM
Rank: Veteran

Joined: 9/21/2011
Posts: 2,032
Actually, aliar is hoping that if he 'succeeds' stopping the fresh election, somehow there will be disorder and coalition govt will be formed. He will be in for rude shock this time round. IEBC has been ordered to conduct election by SC so there's no way they arent going to conduct an election, even sham election. Nasa will then go to court seeking to invalidate the election and they'll look like fools. Court will ask why didn't you participate? NASA: iebc was not restructured. At that point he will be reminded of the just concluded ruling which gave iebc clean bill of health to run the election. Petition dismissed with costs.
Shak
#18 Posted : Friday, September 22, 2017 9:40:35 PM
Rank: Elder

Joined: 2/22/2009
Posts: 2,449
Location: Africa
limanika wrote:
Actually, aliar is hoping that if he 'succeeds' stopping the fresh election, somehow there will be disorder and coalition govt will be formed. He will be in for rude shock this time round. IEBC has been ordered to conduct election by SC so there's no way they arent going to conduct an election, even sham election. Nasa will then go to court to invalidate the election and they'll look like a fools. Court will ask why didn't you participate? NASA: iebc was not restructured. At that point he will be reminded of the just concluded ruling which gave iebc clean bill of health. Petition dismissed with costs.

What happens if IEBC is unable to conduct elections in some areas due to violence and unrest? Will it invalidate the result of the election?
limanika
#19 Posted : Friday, September 22, 2017 9:51:03 PM
Rank: Veteran

Joined: 9/21/2011
Posts: 2,032
Shak wrote:
limanika wrote:
Actually, aliar is hoping that if he 'succeeds' stopping the fresh election, somehow there will be disorder and coalition govt will be formed. He will be in for rude shock this time round. IEBC has been ordered to conduct election by SC so there's no way they arent going to conduct an election, even sham election. Nasa will then go to court to invalidate the election and they'll look like a fools. Court will ask why didn't you participate? NASA: iebc was not restructured. At that point he will be reminded of the just concluded ruling which gave iebc clean bill of health. Petition dismissed with costs.

What happens if IEBC is unable to conduct elections in some areas due to violence and unrest? Will it invalidate the result of the election?
systematic violence not possible unless it is organized. No politician will organize such scale of violence due to fear of ICC and visa bans. So election will take place
Uhuru just needs to get more than 25% in 24counties. And he should ask his voters to come out in droves and exceed 50% of registered voters. Against that there's no defence
Lolest!
#20 Posted : Saturday, September 23, 2017 9:46:39 AM
Rank: Elder

Joined: 3/18/2011
Posts: 12,069
Location: Kianjokoma
Dahatre wrote:
Paraphrasing AG Githu:

The constitution does not provide for an interim/caretaker government when elections are inconclusive. The incumbent governs until the day a new president is sworn in.

Kweli urongo?

It's very clear from the constitution
Article 142. Term of office of President
(1) The President shall hold office for a term beginning on the date on which the President was sworn in, AND ENDING when the person next elected President is sworn in.
Laughing out loudly smile Applause d'oh! Sad Drool Liar Shame on you Pray
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