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Constitutional scholars where you at?
hardwood
#21 Posted : Saturday, September 23, 2017 10:18:15 AM
Rank: Elder

Joined: 7/28/2015
Posts: 9,562
Location: Rodi Kopany, Homa Bay
kaka2za
#22 Posted : Saturday, September 23, 2017 11:16:47 AM
Rank: Elder

Joined: 10/3/2008
Posts: 4,058
Location: Gwitu
limanika wrote:
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



There is no such requirement
Truth forever on the scaffold
Wrong forever on the throne
(James Russell Rowell)
limanika
#23 Posted : Saturday, September 23, 2017 11:34:23 AM
Rank: Veteran

Joined: 9/21/2011
Posts: 2,032
kaka2za wrote:
limanika wrote:
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



There is no such requirement

If the winner can reach that threshold, a reasonable court will find that there was no way aliar could have gotten 50% + 1 even if he fully participated. On the contrary, if aliar succeeds in dampening turnout even in jubilee zones and only say 2million voters turn out, it can be argued that nobody knows who the other 17m + voters would have chosen hence casting doubts if the winner has popular mandate
Kaigangio
#24 Posted : Saturday, September 23, 2017 12:33:17 PM
Rank: Elder

Joined: 2/27/2007
Posts: 2,768
hardwood wrote:


It seems Kenya has two different constitutions, the 2010 one and another one for Nasa and they have different views on the tenure and term of presidency.smile smile
...besides, the presence of a safe alone does not signify that there is money inside...
limanika
#25 Posted : Saturday, September 23, 2017 1:27:30 PM
Rank: Veteran

Joined: 9/21/2011
Posts: 2,032
And if NASA top brass cause or promote violence in such scale as to stop or frustrate the fresh elections, they will stand accused of electoral malpractice and can lose seats or be barred from future elections. Ask one weta.
gk
#26 Posted : Saturday, September 23, 2017 5:00:30 PM
Rank: Member

Joined: 5/17/2008
Posts: 489
limanika wrote:
And if NASA top brass cause or promote violence in such scale as to stop or frustrate the fresh elections, they will stand accused of electoral malpractice and can lose seats or be barred from future elections. Ask one weta.


They can't dare cause violence. ..round hii whoever gets invited to Hague won't return home.
Impunity
#27 Posted : Saturday, September 23, 2017 7:00:58 PM
Rank: Elder

Joined: 3/2/2009
Posts: 26,334
Location: Masada
Angelica _ann wrote:
Lolest! wrote:
wukan wrote:
The dissenting justices only said the 4 horsemen made a political decision.
The solution is political it's either Raila learns to write concession speeches or Uhuru admits he can't govern and resigns.

1. Why is Uhuru unable to govern?

2. What happens should he resign? My reading of the katiba is his DP takes over as President not caretaker president until someone is validly elected and sworn in. That someone would most likely be him.

Or what's your reading of what would happen should Uhuru resign?


Boss, of late you are really polarized.... unlike a man who went to school around Ndags smile smile smile


I too was surprised...he has really changed in the past couple of month...he is no longer the sober contributer.
Portfolio: Sold
You know you've made it when you get a parking space for your yatcht.

Lolest!
#28 Posted : Saturday, September 23, 2017 7:31:36 PM
Rank: Elder

Joined: 3/18/2011
Posts: 12,069
Location: Kianjokoma
Impunity wrote:
Angelica _ann wrote:
Lolest! wrote:
wukan wrote:
The dissenting justices only said the 4 horsemen made a political decision.
The solution is political it's either Raila learns to write concession speeches or Uhuru admits he can't govern and resigns.

1. Why is Uhuru unable to govern?

2. What happens should he resign? My reading of the katiba is his DP takes over as President not caretaker president until someone is validly elected and sworn in. That someone would most likely be him.

Or what's your reading of what would happen should Uhuru resign?


Boss, of late you are really polarized.... unlike a man who went to school around Ndags smile smile smile


I too was surprised...he has really changed in the past couple of month...he is no longer the sober contributer.

Who?
Laughing out loudly smile Applause d'oh! Sad Drool Liar Shame on you Pray
gk
#29 Posted : Saturday, September 23, 2017 8:33:02 PM
Rank: Member

Joined: 5/17/2008
Posts: 489
Lolest! wrote:
Impunity wrote:
Angelica _ann wrote:
Lolest! wrote:
wukan wrote:
The dissenting justices only said the 4 horsemen made a political decision.
The solution is political it's either Raila learns to write concession speeches or Uhuru admits he can't govern and resigns.

1. Why is Uhuru unable to govern?

2. What happens should he resign? My reading of the katiba is his DP takes over as President not caretaker president until someone is validly elected and sworn in. That someone would most likely be him.

Or what's your reading of what would happen should Uhuru resign?


Boss, of late you are really polarized.... unlike a man who went to school around Ndags smile smile smile


I too was surprised...he has really changed in the past couple of month...he is no longer the sober contributer.

Who?


Who? Been struggling with this question too plus the said polarity in the quoted post...
kayhara
#30 Posted : Saturday, September 23, 2017 9:12:00 PM
Rank: Veteran

Joined: 5/5/2011
Posts: 1,059
limanika wrote:
kaka2za wrote:
limanika wrote:
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



There is no such requirement

If the winner can reach that threshold, a reasonable court will find that there was no way aliar could have gotten 50% + 1 even if he fully participated. On the contrary, if aliar succeeds in dampening turnout even in jubilee zones and only say 2million voters turn out, it can be argued that nobody knows who the other 17m + voters would have chosen hence casting doubts if the winner has popular mandate

I don't think the court can anull an election because of low voter turnout, actually with ballot stuffing a thing of the past, the next thing is to make your opponents voters turnout in very low numbers (peacefully that is) eg free beer
To Each His Own
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