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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: 4,057
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: 26,330
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
limanika
#31 Posted : Saturday, September 23, 2017 10:07:26 PM
Rank: Veteran


Joined: 9/21/2011
Posts: 2,032
kayhara wrote:
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

A korti bandia can
wukan
#32 Posted : Sunday, September 24, 2017 9:53:57 AM
Rank: Veteran


Joined: 11/13/2015
Posts: 1,633
gk wrote:
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...


I think the barb was directed at me so let me respond. I have not been polarized or changed my position on issues. Let me explain. Back in campus we used to have people we called “district focus” the naïve 'gishagi' folks who grew up in the rural areas with their closed mindsets (to the younger wazuans district focus for rural development was Moi era initiative that tried to uplift the rural areas) . They dressed in funny way spoke with heavy accents or plainly spoke mother tongue and they used to have funny tribal or district associations. Then there were the “born tao” mido crass folks who grew up in a cosmopolitan setting, the trend-setters in ideas, fashion, dressing etc. If you were a “DF” you had to style up 'chanuka' and join the 'BT' or alternatively you had to show the “born tao” the middle finger by getting better grades, getting better jobs.

Clearly I'm a not a “DF” and I tend not to get along with anyone who exhibits those DF mindsets. I find Uhuruto to be more of a 'DF' (a guy who campaigns in kikuyu in Nai), he appeals more to the rural folks and he actually won by focusing on the gishagi people by utterly neglecting the urban areas and taking development to the rural areas.

I was pro-baba because I thought he is a Nai guy just like Kibaki, he understands the urban challenges. I loved it when baba told Ruto that “jogoo wa shambani hawiki jijini.” but of late baba has been more a general nuisance together with his National Sumbua Alliance. He has completely lost sight of the bigger picture and with the emergence of Mike Sonko his relevance in championing the urban challenges is diminished.

I know that the DF folks are the stronger wing even here on wazua but if we are to have a renaissance in Africa we need to let go of the tired family dynasties. The future belongs to city states competing to attract the best talent, ideas and investments. That's why I have abandoned baba and working with Sonko to make Nai succeed as a vibrant liveable city.

On the supreme court I thought Maraga, Mwilu and Lenaola represented the “DF” wing in campus. Have you noticed that the urbane Dr. Smokin is not getting the personal attacks like the 3?
Much Know
#33 Posted : Sunday, September 24, 2017 12:32:36 PM
Rank: Elder


Joined: 12/6/2008
Posts: 3,568
Only way out and to know who the thieves are is to COUNT THE BALLOTS, that will be the best international standard, global and historical, let's count the ballots Kwisha maneno! we can even compare "irregular larities and illigalities" with other global elections and see why this magara is so special.
Ras Kienyeji Man
Much Know
#34 Posted : Sunday, September 24, 2017 12:43:33 PM
Rank: Elder


Joined: 12/6/2008
Posts: 3,568
Count the ballots and compare with signed forms, as per njoki ndungu testimony the forms are in order, we confirm the truth and arrest the liars immediately for coup!
Ras Kienyeji Man
Katibampya
#35 Posted : Sunday, September 24, 2017 1:15:17 PM
Rank: Member


Joined: 5/5/2010
Posts: 95
Location: Nairobi
Much Know wrote:
Only way out and to know who the thieves are is to COUNT THE BALLOTS, that will be the best international standard, global and historical, let's count the ballots Kwisha maneno! we can even compare "irregular larities and illigalities" with other global elections and see why this magara is so special.

We need to re-count the ballot papers as suggested by @much know, Jubilee party and Lady Justice Njoki Ngung'u.
Kenyans need to know the truth once and for all.
However,in my support for the same, the following conditions MUST be met
1. Ballot must be counted in public preferably Kasarani as suggested by Jubilee party
2. Tallying must be done publicly using casio or cadio calculators and confirmed by MS excel.
3. All forms 34A, 34B must be made available and counted ballot papers must tally with the figures in both the forms.
4. IEBC must avail all the ballot booklets used during voting with serial number and signed by all agents and all ballot papers must have same serial number as those of the ballot booklets
5. Kiems kits must be availed and number of voters who vote must tally with the counted papers, form 34 A & B.
Servers are then to be opened before the public to verify that the votes counted are actually what they say on the TV screen.
Conclusion:
If all these shows that Uhuru won, My friends no need for election, I'll apologize and move on.
Is Jubilee still ready for the re-count?!
Much Know
#36 Posted : Sunday, September 24, 2017 1:40:14 PM
Rank: Elder


Joined: 12/6/2008
Posts: 3,568
Yes, the jobs can be given to better and more patriotic kisii and mkamba judges, we count ballots and compare, ballots ndio msema kweli.
Ras Kienyeji Man
Bigchick
#37 Posted : Sunday, September 24, 2017 2:59:08 PM
Rank: Elder


Joined: 2/8/2013
Posts: 4,068
Location: At Large.
Katibampya wrote:
Much Know wrote:
Only way out and to know who the thieves are is to COUNT THE BALLOTS, that will be the best international standard, global and historical, let's count the ballots Kwisha maneno! we can even compare "irregular larities and illigalities" with other global elections and see why this magara is so special.

We need to re-count the ballot papers as suggested by @much know, Jubilee party and Lady Justice Njoki Ngung'u.
Kenyans need to know the truth once and for all.
However,in my support for the same, the following conditions MUST be met
1. Ballot must be counted in public preferably Kasarani as suggested by Jubilee party
2. Tallying must be done publicly using casio or cadio calculators and confirmed by MS excel.
3. All forms 34A, 34B must be made available and counted ballot papers must tally with the figures in both the forms.
4. IEBC must avail all the ballot booklets used during voting with serial number and signed by all agents and all ballot papers must have same serial number as those of the ballot booklets
5. Kiems kits must be availed and number of voters who vote must tally with the counted papers, form 34 A & B.
Servers are then to be opened before the public to verify that the votes counted are actually what they say on the TV screen.
Conclusion:
If all these shows that Uhuru won, My friends no need for election, I'll apologize and move on.
Is Jubilee still ready for the re-count?!



And why not?

This will save the country over 10B for a process where we know the outcome.

Am sure after the full ruling some reality has set in that some Congame took place on the NASWA field.

And just like you am ready to accept and move on if Babus votes are more than UKs with an apology to accompany the same.

#FUNGUADEBE
Love is beautiful and so are those who share it.With Love, Marriage is an amazing event in ones life time, the foundation of joy, happiness and success.
harrydre
#38 Posted : Sunday, September 24, 2017 9:37:10 PM
Rank: Elder


Joined: 7/10/2008
Posts: 9,131
Location: Kanjo
Angelica _ann
#39 Posted : Sunday, September 24, 2017 9:50:49 PM
Rank: Elder


Joined: 12/7/2012
Posts: 11,929
harrydre wrote:
https://youtu.be/QBP9RtcNROc

Laughing out loudly Laughing out loudly


smile
In the business world, everyone is paid in two coins - cash and experience. Take the experience first; the cash will come later - H Geneen
washiku
#40 Posted : Sunday, September 24, 2017 11:00:32 PM
Rank: Chief


Joined: 5/9/2007
Posts: 13,095
harrydre wrote:
https://youtu.be/QBP9RtcNROc

Laughing out loudly Laughing out loudly


Laughing out loudly Laughing out loudly Laughing out loudly
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