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RAILA WITHDRAWS from Oct polls; Demands Fresh Elections
alma1
#81 Posted : Tuesday, October 10, 2017 9:36:28 PM
Rank: Elder

Joined: 9/19/2015
Posts: 2,871
Location: hapo
murchr wrote:
Ryko wrote:
murchr wrote:
Ryko wrote:
Looks to me Nasa has a sharp battalion of Lawyers... how come Jubilee is this weak, their legal minds are in another world
Its not Baba vs Uhuru, it is Nasa Constitutional Lawyers vs Uhuru and they are smashing every move Uhuru is making. As Uhuru trys to fix this Nasa lawyers will have manufactured another circus.

Seems to me Jubilee is always late.... and it has dawned on all of us we are heading for a Caretaker Govt.



This was foreseen hence the law making process in parliament. The law is vague. What matters is just how the parties arguing it out and the judges interpreting the law decide.


My brother @Murchr lets be real here please, NASA constitutional lawyers are urinating all over Jubilee.


That's bar talk


Murchr, hapa mmekaganywa mkakangayika

If Aukot wins then withdraws, what then? By the way, the High Court if I can remember my law clearly is bound by the 2013 Mutunga court ruling. So Aukot ain't coming to save the day.

I'm not a lawyer, but I tend to agree with Ryko. I think Jubilee lawyers are more adept at blogging and passing notes to Pauline Njoroge than actually doing their work.

Whether IEBC holds and election on the 26th or not, we all know, we are going to court, yet again. And this is where the comedy shall start. Where Njoki Ndungu, Jackton will be forced to tell the whole world that they were wrong in 2013.

I mean, you can't make this stuff up.

I keep on telling people. Creating laws for Raila will only lead to pain for thyself.

As for your issue with the horse already bolting. Please talk to a Nasa lawyer, it seems those ones can explain legal stuff better than the tweet fiends.

My advise. Get Charles Kanjama on your team. He is not emotional and I'm sure he can get something.
Thieves are not good people. Tumeelewana?

limanika
#82 Posted : Tuesday, October 10, 2017 9:40:09 PM
Rank: Veteran

Joined: 9/21/2011
Posts: 2,032
Ryko wrote:
murchr wrote:
Ryko wrote:
Looks to me Nasa has a sharp battalion of Lawyers... how come Jubilee is this weak, their legal minds are in another world
Its not Baba vs Uhuru, it is Nasa Constitutional Lawyers vs Uhuru and they are smashing every move Uhuru is making. As Uhuru trys to fix this Nasa lawyers will have manufactured another circus.

Seems to me Jubilee is always late.... and it has dawned on all of us we are heading for a Caretaker Govt.



This was foreseen hence the law making process in parliament. The law is vague. What matters is just how the parties arguing it out and the judges interpreting the law decide.


My brother @Murchr lets be real here please, NASA constitutional lawyers are urinating all over Jubilee.

Not quite. Rails just wants to extend his relevance. He wants election postponed by another 3 months, when that time comes, he says iebc has still not met demands, another postponent is necessary, etc and so on.. Kenyans are tired. This game will come to an end very soon and he will be confined to oblivion
Impunity
#83 Posted : Tuesday, October 10, 2017 9:54:26 PM
Rank: Elder

Joined: 3/2/2009
Posts: 26,334
Location: Masada
muganda wrote:
harrydre wrote:
muganda wrote:
2012 wrote:
It's time to go back to the Supreme Court again for an urgent interpretation. This time baba will be shocked. Not forgetting that all his demands are unconstitutional.

Luckily, ballot papers were going for printing today. They can now omit his name we move on.

@2012, you are very right. Because the 'presidential election' as per Raila 2013 ruling does not require fresh nominations, so how would '3 days after nomination' come in?
Hence, in my opinion, we may probably have an opportunity to see:

1. Another Court melodrama

2. Uhuru appealing to same court he insulted

3. Njoki Ndung'u probably having to go against the 'Raila 2013' she so loved

4. Maraga's court learning the wisdom between 'the greater Good' and 'God is in the detail'






My prediction:-

If Aukot's petition is successful tomorrow, the elections on Oct 26 will go on bila baba.
If not, then IEBC will declare UK president.

After that baba might decide to go to court or just retire more 'honorably'

if he goes to court,

The Court will tell them it was ready to annul the repeat elections if IEBC repeated the same mistakes as it did on 8/8, they will then be asked why they withdrew yet the court is open?


Quite happy with your prediction. It would be mighty convenient if Aukot was on the ballot. Then we can move on.


Of course Aukot will say he is no longer interestep in running.
Portfolio: Sold
You know you've made it when you get a parking space for your yatcht.

limanika
#84 Posted : Tuesday, October 10, 2017 10:08:39 PM
Rank: Veteran

Joined: 9/21/2011
Posts: 2,032
Impunity wrote:
muganda wrote:
harrydre wrote:
muganda wrote:
2012 wrote:
It's time to go back to the Supreme Court again for an urgent interpretation. This time baba will be shocked. Not forgetting that all his demands are unconstitutional.

Luckily, ballot papers were going for printing today. They can now omit his name we move on.

@2012, you are very right. Because the 'presidential election' as per Raila 2013 ruling does not require fresh nominations, so how would '3 days after nomination' come in?
Hence, in my opinion, we may probably have an opportunity to see:

1. Another Court melodrama

2. Uhuru appealing to same court he insulted

3. Njoki Ndung'u probably having to go against the 'Raila 2013' she so loved

4. Maraga's court learning the wisdom between 'the greater Good' and 'God is in the detail'






My prediction:-

If Aukot's petition is successful tomorrow, the elections on Oct 26 will go on bila baba.
If not, then IEBC will declare UK president.

After that baba might decide to go to court or just retire more 'honorably'

if he goes to court,

The Court will tell them it was ready to annul the repeat elections if IEBC repeated the same mistakes as it did on 8/8, they will then be asked why they withdrew yet the court is open?


Quite happy with your prediction. It would be mighty convenient if Aukot was on the ballot. Then we can move on.


Of course Aukot will say he is no longer interestep in running.

I don't want aukot in the ballot. We can't keep bending laws for ever
hardwood
#85 Posted : Tuesday, October 10, 2017 10:33:58 PM
Rank: Elder

Joined: 7/28/2015
Posts: 9,562
Location: Rodi Kopany, Homa Bay
Common sense dictates that if 2 people are contesting in an election and one of them withdraws, then the remaining candidate should be declared elected unopposed. It's as simple as that. Seems common sense isn't very common in kenia.
Lolest!
#86 Posted : Tuesday, October 10, 2017 10:55:08 PM
Rank: Elder

Joined: 3/18/2011
Posts: 12,069
Location: Kianjokoma
There is one big issue

2013 Supreme Court ruling, does it apply for this case?

Is there any written law(Act of Parliament) that is contrary to the ruling? Because if there is, the ruling can't be used and has been overridden by the new law
Laughing out loudly smile Applause d'oh! Sad Drool Liar Shame on you Pray
sitaki.kujulikana
#87 Posted : Tuesday, October 10, 2017 11:26:06 PM
Rank: Veteran

Joined: 8/25/2012
Posts: 1,826
yaani several other countries have held election and gone on na sisi bado we are beating our poor chests ati lawyers wetu ni wanoma kuliko wenyu.

we have come to this low, yaani at the same level with drc, they are still waiting to hold theirs also.
Angelica _ann
#88 Posted : Tuesday, October 10, 2017 11:32:19 PM
Rank: Elder

Joined: 12/7/2012
Posts: 11,939
Nice no okuyu to buy land till beyond .…...
In the business world, everyone is paid in two coins - cash and experience. Take the experience first; the cash will come later - H Geneen
murchr
#89 Posted : Tuesday, October 10, 2017 11:37:50 PM
Rank: Elder

Joined: 2/26/2012
Posts: 15,980
sitaki.kujulikana wrote:
yaani several other countries have held election and gone on na sisi bado we are beating our poor Bony chests ati lawyers wetu ni wanoma kuliko wenyu.

we have come to this low, yaani at the same level with drc, they are still waiting to hold theirs also.


Hierarchy of laws

1. Katiba (Sect 140 (c) If the Supreme Court determines the election of the President-elect to be invalid, a fresh election shall be held within sixty days after the determination.

2. Acts of parliament (article 52 of Constitution)

3. Judicial responds. (SCOK 2013 ruling)


We are living in interesting days
"There are only two emotions in the market, hope & fear. The problem is you hope when you should fear & fear when you should hope: - Jesse Livermore
.
Realtreaty
#90 Posted : Tuesday, October 10, 2017 11:48:25 PM
Rank: Elder

Joined: 8/16/2011
Posts: 2,389
This is the wisdom of Orengo. Heis always advising baba how to destroy kenya.
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