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Round 2 results & updates: Ouru vs Kenyatta!
masukuma
#271 Posted : Monday, October 30, 2017 12:45:53 PM
Rank: Elder

Joined: 10/4/2006
Posts: 13,823
Location: Nairobi
quicksand wrote:
masukuma wrote:
ZZE123 wrote:
hardwood wrote:


If one or more of the 25 constituencies mentioned here don’t vote, Kitarudiwo??

Maybe... maybe not... lets see what the courts deduce from it.... this whole thing may end up stinging the withdrawer

I don't see how an election where some 25 constituencies didn't vote can stand....it would set a very dangerous precedent. IEBC need to go there and open polling stations, wait for dogs and sheep to stroll in and out, the election officials can take naps or play volleyball in there, post 0s in the evening, then call it a day.


They tried... it was a "war zone". This should be a lesson that you need to let institutions do their jobs and not blackmail everyone by reminding us "in all 290 constituencies"! it will be the biggest
Quote:
"ILI IWE FUNZO KWAO NA KWA WENGINE WENYE TABIA KAMA HIYO"

Remember... the supreme court is the final interpreter of the constitution... they are watching - uliona Maraga voting?
All Mushrooms are edible! Some Mushroom are only edible ONCE!
Lolest!
#272 Posted : Monday, October 30, 2017 1:25:13 PM
Rank: Elder

Joined: 3/18/2011
Posts: 12,069
Location: Kianjokoma
quicksand wrote:
masukuma wrote:
ZZE123 wrote:
hardwood wrote:


If one or more of the 25 constituencies mentioned here don’t vote, Kitarudiwo??

Maybe... maybe not... lets see what the courts deduce from it.... this whole thing may end up stinging the withdrawer

I don't see how an election where some 25 constituencies didn't vote can stand....it would set a very dangerous precedent. IEBC need to go there and open polling stations, wait for dogs and sheep to stroll in and out, the election officials can take naps or play volleyball in there, post 0s in the evening, then call it a day.

How will IEBC open stations where 'youths' are making it impossible for the said stations to be opened? Most fires are being lit just outside polling stations!

The flip side of what you're afraid of is more dangerous. If the courts nullify elections just because 3.5 counties didn't vote, there'll be a more dangerous precedent.

It means in consequent elections, somebody like say, Aden Duale, on realising he cant win, can go to his people and have them make elections undoable by meting violence against IEBC officials and willing voters

The election will be nullified because Duale ensured Garissa and Wajir didn't vote!

Now think about other sources of such blackmail e.g. MRC, secessionists etc
Laughing out loudly smile Applause d'oh! Sad Drool Liar Shame on you Pray
quicksand
#273 Posted : Monday, October 30, 2017 1:33:39 PM
Rank: Veteran

Joined: 7/5/2010
Posts: 2,061
Location: Nairobi
masukuma wrote:
quicksand wrote:
masukuma wrote:
ZZE123 wrote:
hardwood wrote:


If one or more of the 25 constituencies mentioned here don’t vote, Kitarudiwo??

Maybe... maybe not... lets see what the courts deduce from it.... this whole thing may end up stinging the withdrawer

I don't see how an election where some 25 constituencies didn't vote can stand....it would set a very dangerous precedent. IEBC need to go there and open polling stations, wait for dogs and sheep to stroll in and out, the election officials can take naps or play volleyball in there, post 0s in the evening, then call it a day.


They tried... it was a "war zone". This should be a lesson that you need to let institutions do their jobs and not blackmail everyone by reminding us "in all 290 constituencies"! it will be the biggest
Quote:
"ILI IWE FUNZO KWAO NA KWA WENGINE WENYE TABIA KAMA HIYO"

Remember... the supreme court is the final interpreter of the constitution... they are watching - uliona Maraga voting?



Unless I am mistaken, the below is the relevant part of the constitution
Quote:

138 (2) If two or more candidates for President are nominated, an
election shall be held in each constituency.

Clear as day, absolutely no wiggle room.
It is annoying because the opposition has instigated this, but I am not seeing a way around it. The politicos need to
find a way of having elections in those 25 constituencies one way or another or a legal crisis will ensue
hardwood
#274 Posted : Monday, October 30, 2017 2:05:38 PM
Rank: Elder

Joined: 7/28/2015
Posts: 9,562
Location: Rodi Kopany, Homa Bay



penkon
#275 Posted : Monday, October 30, 2017 2:07:37 PM
Rank: New-farer

Joined: 3/12/2014
Posts: 96
hardwood wrote:






"When Okonkwo was unable to transform his clan to a resistance movement to fight the white man, he hanged himself- He dies in disgrace much like his father Unoka"!




Things fall apart
by Chinua Achebe.
Lolest!
#276 Posted : Monday, October 30, 2017 2:16:12 PM
Rank: Elder

Joined: 3/18/2011
Posts: 12,069
Location: Kianjokoma
Quote:

138 (2) If two or more candidates for President are nominated, an
election shall be held in each constituency.

Clear as day, absolutely no wiggle room.
It is annoying because the opposition has instigated this, but I am not seeing a way around it. The politicos need to
find a way of having elections in those 25 constituencies one way or another or a legal crisis will ensue

IEBC and JP are relying on subsidiary legislation to counter this. They would perhaps argue in court that the Act was to bring clarity

NASA on the other hand will argue that the section of the Act that says you can declare results without all constituencies is void!
Laughing out loudly smile Applause d'oh! Sad Drool Liar Shame on you Pray
hardwood
#277 Posted : Monday, October 30, 2017 2:19:04 PM
Rank: Elder

Joined: 7/28/2015
Posts: 9,562
Location: Rodi Kopany, Homa Bay
Dedicated to @alma......


hardwood
#278 Posted : Monday, October 30, 2017 2:27:19 PM
Rank: Elder

Joined: 7/28/2015
Posts: 9,562
Location: Rodi Kopany, Homa Bay
Lolest! wrote:
Quote:

138 (2) If two or more candidates for President are nominated, an
election shall be held in each constituency.

Clear as day, absolutely no wiggle room.
It is annoying because the opposition has instigated this, but I am not seeing a way around it. The politicos need to
find a way of having elections in those 25 constituencies one way or another or a legal crisis will ensue

IEBC and JP are relying on subsidiary legislation to counter this. They would perhaps argue in court that the Act was to bring clarity

NASA on the other hand will argue that the section of the Act that says you can declare results without all constituencies is void!


For how long should the country have waited till it was practical for IEBC to hold repeat elections in kavirondo? 1 day, 1 week, 1 month, 1 year, 1 decade...while baba and the local leaders there have stated that no repeat elections will ever be held there? The country has to move on. Choices have consequences.

Also the decision by IEBC to announce winner means that nyanza votes dont matter in kenya's politics since they are insignificant.
Fyatu
#279 Posted : Monday, October 30, 2017 2:31:54 PM
Rank: Veteran

Joined: 1/20/2011
Posts: 1,822
Location: Nakuru
penkon wrote:
hardwood wrote:






"When Okonkwo was unable to transform his clan to a resistance movement to fight the white man, he hanged himself- He dies in disgrace much like his father Unoka"!




Things fall apart
by Chinua Achebe.


Vindu vi-collapse-anga
Dumb money becomes dumb only when it listens to smart money
Lolest!
#280 Posted : Monday, October 30, 2017 3:00:33 PM
Rank: Elder

Joined: 3/18/2011
Posts: 12,069
Location: Kianjokoma
hardwood wrote:
Lolest! wrote:
Quote:

138 (2) If two or more candidates for President are nominated, an
election shall be held in each constituency.

Clear as day, absolutely no wiggle room.
It is annoying because the opposition has instigated this, but I am not seeing a way around it. The politicos need to
find a way of having elections in those 25 constituencies one way or another or a legal crisis will ensue

IEBC and JP are relying on subsidiary legislation to counter this. They would perhaps argue in court that the Act was to bring clarity

NASA on the other hand will argue that the section of the Act that says you can declare results without all constituencies is void!


For how long should the country have waited till it was practical for IEBC to hold repeat elections in kavirondo? 1 day, 1 week, 1 month, 1 year, 1 decade...while baba and the local leaders there have stated that no repeat elections will ever be held there? The country has to move on. Choices have consequences.

Also the decision by IEBC to announce winner means that nyanza votes dont matter in kenya's politics since they are insignificant.

That's not what it means. It means if you stop the elections body from conducting the elections, they will go ahead and tally results from the rest of Kenya.

The legality of IEBC's decision will head to court nonetheless.
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