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Ken Okoth,MP Kibra..It shall be well
hardwood
#321 Posted : Wednesday, September 11, 2019 12:15:40 PM
Rank: Elder


Joined: 7/28/2015
Posts: 9,562
Location: Rodi Kopany, Homa Bay
Chebukatinezzar had ordered that Mariga be cleared but the returning officer defied her mboss.

https://www.the-star.co....fficer-defied-chebukati/
Angelica _ann
#322 Posted : Wednesday, September 11, 2019 12:35:01 PM
Rank: Elder


Joined: 12/7/2012
Posts: 11,901
[quote=hardwood]Chebukatinezzar had ordered that Mariga be cleared but the returning officer defied her mboss.

https://www.the-star.co....ficer-defied-chebukati/[/quote]

Both the legal and ICT teams advised the commissioners that Mariga, should not be cleared because he had not been duly registered.

The two teams explained that Mariga, who had not been registered previously anywhere, dashed to Kariakor on August 26 where he applied for registration, nearly two weeks after National Assembly Speaker Justin Muturi had declared the seat vacant.

According to section 5 (1)b of the Elections Act, all electoral activities including voter registration must stop upon declaration of a vacancy.

"Mariga applied for registration on August 26 after the vacancy was declared on August 14 and IEBC gazetted the by-election on August 16, two days later. By law, the application must be brought to headquarters and all details confirmed before they can be put in the voters' roll. Once that is done the register will have to be gazetted.

"In this case, Mariga's application is still pending. He cannot, therefore, be cleared to vie," said an IEBC official.
In the business world, everyone is paid in two coins - cash and experience. Take the experience first; the cash will come later - H Geneen
hardwood
#323 Posted : Wednesday, September 11, 2019 1:04:23 PM
Rank: Elder


Joined: 7/28/2015
Posts: 9,562
Location: Rodi Kopany, Homa Bay
Angelica _ann wrote:
hardwood wrote:
Chebukatinezzar had ordered that Mariga be cleared but the returning officer defied her mboss.

https://www.the-star.co....ficer-defied-chebukati/


Both the legal and ICT teams advised the commissioners that Mariga, should not be cleared because he had not been duly registered.

The two teams explained that Mariga, who had not been registered previously anywhere, dashed to Kariakor on August 26 where he applied for registration, nearly two weeks after National Assembly Speaker Justin Muturi had declared the seat vacant.

According to section 5 (1)b of the Elections Act, all electoral activities including voter registration must stop upon declaration of a vacancy.

"Mariga applied for registration on August 26 after the vacancy was declared on August 14 and IEBC gazetted the by-election on August 16, two days later. By law, the application must be brought to headquarters and all details confirmed before they can be put in the voters' roll. Once that is done the register will have to be gazetted.

"In this case, Mariga's application is still pending. He cannot, therefore, be cleared to vie," said an IEBC official.


You are deemed registered once you are given the voter registration confirmation slip. There is nothing like a pending voter registration application.
hardwood
#324 Posted : Wednesday, September 11, 2019 1:11:01 PM
Rank: Elder


Joined: 7/28/2015
Posts: 9,562
Location: Rodi Kopany, Homa Bay
Voter registration is straight forward. Bullet 3 clears all doubt as to when one is deemed registered.


Angelica _ann
#325 Posted : Wednesday, September 11, 2019 1:20:51 PM
Rank: Elder


Joined: 12/7/2012
Posts: 11,901
hardwood wrote:
Voter registration is straight forward. Bullet 3 clears all doubt as to when one is deemed registered.




Wachana na hii which is a summarized process for voters as part of education. Gazetement for legalization lazima.
In the business world, everyone is paid in two coins - cash and experience. Take the experience first; the cash will come later - H Geneen
hardwood
#326 Posted : Wednesday, September 11, 2019 1:44:01 PM
Rank: Elder


Joined: 7/28/2015
Posts: 9,562
Location: Rodi Kopany, Homa Bay
Angelica _ann wrote:
hardwood wrote:
Voter registration is straight forward. Bullet 3 clears all doubt as to when one is deemed registered.




Wachana na hii which is a summarized process for voters as part of education. Gazetement for legalization lazima.


You are confusing registration with voting. For voting one has to be in the gazetted voters roll. Mariga is not interested in voting in kibera so he doesnt have to be in the kibera voters roll. The requirement for him to run in kibera is to be a registered voter in kenya and he is registered.
Angelica _ann
#327 Posted : Wednesday, September 11, 2019 1:50:22 PM
Rank: Elder


Joined: 12/7/2012
Posts: 11,901
hardwood wrote:
Angelica _ann wrote:
hardwood wrote:
Voter registration is straight forward. Bullet 3 clears all doubt as to when one is deemed registered.




Wachana na hii which is a summarized process for voters as part of education. Gazetement for legalization lazima.


You are confusing registration with voting. For voting one has to be in the gazetted voters roll. Mariga is not interested in voting in kibera so he doesnt have to be in the kibera voters roll. The requirement for him to run in kibera is to be a registered voter in kenya and he is registered.


You become a registered voter after gazetement of the roll, ni hayo tu.
In the business world, everyone is paid in two coins - cash and experience. Take the experience first; the cash will come later - H Geneen
hardwood
#328 Posted : Wednesday, September 11, 2019 1:56:37 PM
Rank: Elder


Joined: 7/28/2015
Posts: 9,562
Location: Rodi Kopany, Homa Bay
Angelica _ann wrote:
hardwood wrote:
Angelica _ann wrote:
hardwood wrote:
Voter registration is straight forward. Bullet 3 clears all doubt as to when one is deemed registered.




Wachana na hii which is a summarized process for voters as part of education. Gazetement for legalization lazima.


You are confusing registration with voting. For voting one has to be in the gazetted voters roll. Mariga is not interested in voting in kibera so he doesnt have to be in the kibera voters roll. The requirement for him to run in kibera is to be a registered voter in kenya and he is registered.


You become a registered voter after gazetement of the roll, ni hayo tu.


You are wrong. And even if you were right, there is no problem coz IEBC can be forced to gazette all "pending registration applications" as you are calling them. A citizen should not be denied his or her rights just because IEBC is lazy. Infact IEBC should be gazetting all new registrations within 24hrs, that is why they have been hired as full time employees.
kaka2za
#329 Posted : Wednesday, September 11, 2019 1:57:10 PM
Rank: Elder


Joined: 10/3/2008
Posts: 4,057
Location: Gwitu
hardwood wrote:
Angelica _ann wrote:
Bigchick wrote:
Angelica _ann wrote:


This one is headed to Korti bandia!!!



Some Roya has authenticated his registration.He did it at Starehe.But Luna utata wa date of birth and ID number.Iko mismatch somewhere.


I hear the registration roll has to be gazetted.courtesy of Odomodomo lawyers.


Lakini my sister kitu ya Okoth was there na masho kavu bila head swell yawa!!! Awuoro.


You are deemed to have been registered once you are given the registration slip that acknowledges your registration. Just like we were considered as registered for huduma number when we were given the huduma registration slip. So all the other IEBC maneno of gazettement, putting your details in the server etc are IEBC internal data management affairs and do not in any way affect your registration status/card/slip.

Regarding Okoths wife no 2, she is a jubilee nominated MCA and thus should be supporting the jubilee candidate.


Under which law? Please quote relevant sections!

The interpretation as per elections law ELECTIONS ACT NO. 24 OF 2011
“voter” means a person whose name is included in a current register of
voters
Truth forever on the scaffold
Wrong forever on the throne
(James Russell Rowell)
hardwood
#330 Posted : Wednesday, September 11, 2019 2:07:43 PM
Rank: Elder


Joined: 7/28/2015
Posts: 9,562
Location: Rodi Kopany, Homa Bay
kaka2za wrote:
hardwood wrote:
Angelica _ann wrote:
Bigchick wrote:
Angelica _ann wrote:


This one is headed to Korti bandia!!!



Some Roya has authenticated his registration.He did it at Starehe.But Luna utata wa date of birth and ID number.Iko mismatch somewhere.


I hear the registration roll has to be gazetted.courtesy of Odomodomo lawyers.


Lakini my sister kitu ya Okoth was there na masho kavu bila head swell yawa!!! Awuoro.


You are deemed to have been registered once you are given the registration slip that acknowledges your registration. Just like we were considered as registered for huduma number when we were given the huduma registration slip. So all the other IEBC maneno of gazettement, putting your details in the server etc are IEBC internal data management affairs and do not in any way affect your registration status/card/slip.

Regarding Okoths wife no 2, she is a jubilee nominated MCA and thus should be supporting the jubilee candidate.


Under which law? Please quote relevant sections!

The interpretation as per elections law ELECTIONS ACT NO. 24 OF 2011
“voter” means a person whose name is included in a current register of
voters



Voter registration is a continuous activity and therefore the register is always changing. Mariga is in "a current register of voters" but the returning officer consulted the old 2017 one. Infact all his (mariga) details and biometrics are in the IEBC servers.
kaka2za
#331 Posted : Wednesday, September 11, 2019 2:56:09 PM
Rank: Elder


Joined: 10/3/2008
Posts: 4,057
Location: Gwitu
hardwood wrote:
kaka2za wrote:
hardwood wrote:
Angelica _ann wrote:
Bigchick wrote:
Angelica _ann wrote:


This one is headed to Korti bandia!!!



Some Roya has authenticated his registration.He did it at Starehe.But Luna utata wa date of birth and ID number.Iko mismatch somewhere.


I hear the registration roll has to be gazetted.courtesy of Odomodomo lawyers.


Lakini my sister kitu ya Okoth was there na masho kavu bila head swell yawa!!! Awuoro.


You are deemed to have been registered once you are given the registration slip that acknowledges your registration. Just like we were considered as registered for huduma number when we were given the huduma registration slip. So all the other IEBC maneno of gazettement, putting your details in the server etc are IEBC internal data management affairs and do not in any way affect your registration status/card/slip.

Regarding Okoths wife no 2, she is a jubilee nominated MCA and thus should be supporting the jubilee candidate.


Under which law? Please quote relevant sections!

The interpretation as per elections law ELECTIONS ACT NO. 24 OF 2011
“voter” means a person whose name is included in a current register of
voters



Voter registration is a continuous activity and therefore the register is always changing. Mariga is in "a current register of voters" but the returning officer consulted the old 2017 one. Infact all his (mariga) details and biometrics are in the IEBC servers.


Even lawyers are divided on this matter so let the courts decide!
Truth forever on the scaffold
Wrong forever on the throne
(James Russell Rowell)
hardwood
#332 Posted : Wednesday, September 11, 2019 3:42:38 PM
Rank: Elder


Joined: 7/28/2015
Posts: 9,562
Location: Rodi Kopany, Homa Bay
kaka2za wrote:
hardwood wrote:
kaka2za wrote:
hardwood wrote:
Angelica _ann wrote:
Bigchick wrote:
Angelica _ann wrote:


This one is headed to Korti bandia!!!



Some Roya has authenticated his registration.He did it at Starehe.But Luna utata wa date of birth and ID number.Iko mismatch somewhere.


I hear the registration roll has to be gazetted.courtesy of Odomodomo lawyers.


Lakini my sister kitu ya Okoth was there na masho kavu bila head swell yawa!!! Awuoro.


You are deemed to have been registered once you are given the registration slip that acknowledges your registration. Just like we were considered as registered for huduma number when we were given the huduma registration slip. So all the other IEBC maneno of gazettement, putting your details in the server etc are IEBC internal data management affairs and do not in any way affect your registration status/card/slip.

Regarding Okoths wife no 2, she is a jubilee nominated MCA and thus should be supporting the jubilee candidate.


Under which law? Please quote relevant sections!

The interpretation as per elections law ELECTIONS ACT NO. 24 OF 2011
“voter” means a person whose name is included in a current register of
voters



Voter registration is a continuous activity and therefore the register is always changing. Mariga is in "a current register of voters" but the returning officer consulted the old 2017 one. Infact all his (mariga) details and biometrics are in the IEBC servers.


Even lawyers are divided on this matter so let the courts decide!


I think it is immoral for IEBC to be opening their registration offices countrywide every morning, then wanachi flock there and register as voters and are issued with registration slips, then IEBC turns around and tells those wananchi eti "oops you aren't registered, we were just kidding" or that "we will approve your registration application form in 2022 when we compile and gazette the 2022 voters register".
hardwood
#333 Posted : Wednesday, September 11, 2019 4:00:58 PM
Rank: Elder


Joined: 7/28/2015
Posts: 9,562
Location: Rodi Kopany, Homa Bay
What the law says...

Quote:
According to the Constitution and the Elections Act, one must be a voter to contest for an elective office.

Unlike voters who must be registered in their specific areas that they will cast their votes, contestants do not need to be registered in the same place they are seeking to be elected in.

So how does one become a voter?

Article 38 (3) of the Constitution gives every adult Kenyan the right to vote while the Elections Act specifies matters related to becoming a voter and the voter register held by the IEBC.

Section 5(1) of the Elections Act requires that the registration of voters is carried out at all times except during elections.

For General Elections, registration of voters cannot be done "between the date of commencement of the 60-day period immediately before the election and the date of such election."

For by-elections, such as Kibra, registrations of voters cannot be done in that electoral area "between the date of the declaration of the vacancy of the seat concerned and the date of such by-election."

While gazetting the Kibra by-election, the IEBC said that it will re-open the voter registration in that area on November 13.

For a referendum, voter registration cannot happen between the date of the publication of the referendum question and the voting day.

Section 5(3) of the Elections Act says that any citizen of Kenya who has attained the age of eighteen years as evidenced by either a national identity card or a Kenyan passport and whose name is not in the register of voters shall be registered as a voter upon application, in the prescribed manner, to the Commission.

The registration procedure is outlined in Section 13A of The Elections (Registration Of Voters) Regulations, 2012 - subsidiary legislation to the Elections Act.


It requires that a person who applies to be registered as a voter shall present his or her identification document to the registration officer stationed at a Registration Centre of his or her choice.

"The registration officer shall, where the applicant is qualified to be registered as a voter, issue the applicant with Form A as set out in the Schedule," Section 13A(2) states.

Section 3 then goes on to state that the applicant shall return the duly completed Form A to the registration officer and the registration officer shall confirm the details in the form and enter them in the biometric voter registration system and the Voters Record Book.

"The applicant shall be issued with an acknowledgement slip upon registration," Section 13A(2) concludes.

Section 8 of the Elections Act requires that the electoral body maintains an updated register of voters.

It is the possession of an acknowledgement slip that Mariga has argued that he is a registered voter.

Mariga and his supporters are blaming the IEBC for failing to update the voter register to have his name captured.

hardwood
#334 Posted : Wednesday, September 11, 2019 5:29:11 PM
Rank: Elder


Joined: 7/28/2015
Posts: 9,562
Location: Rodi Kopany, Homa Bay
Bigchick wrote:
Angelica _ann wrote:
Bigchick wrote:
Angelica _ann wrote:


This one is headed to Korti bandia!!!



Some Roya has authenticated his registration.He did it at Starehe.But Luna utata wa date of birth and ID number.Iko mismatch somewhere.


I hear the registration roll has to be gazetted.courtesy of Odomodomo lawyers.


Lakini my sister kitu ya Okoth was there na masho kavu bila head swell yawa!!! Awuoro.



An lost my dear girl.Am stuck at Kitu ya Okoth.This Kiswahili from Nyanza girl is very difficult.


I am also lost with hiyo oswahili.

sparkly
#335 Posted : Friday, September 13, 2019 10:56:35 AM
Rank: Elder


Joined: 9/23/2009
Posts: 8,083
Location: Enk are Nyirobi
Is Mariga 18 years yet?
Life is short. Live passionately.
hardwood
#336 Posted : Friday, September 13, 2019 4:52:16 PM
Rank: Elder


Joined: 7/28/2015
Posts: 9,562
Location: Rodi Kopany, Homa Bay
Starehe IEBC official confirms Mariga is a registered voter. Yassin presented before the Tribunal the BVR machine with Mariga’s name indicating he was duly registered.

2012
#337 Posted : Friday, September 13, 2019 5:31:51 PM
Rank: Elder


Joined: 12/9/2009
Posts: 6,592
Location: Nairobi
sparkly wrote:
Is Mariga 18 years yet?


I hope Mariga has a Kenyan registered voter brother with a real ID for replacement like Kethi Kilonzo... Kenya ni ya majambazi...

BBI will solve it
:)
hardwood
#338 Posted : Monday, September 16, 2019 12:02:55 PM
Rank: Elder


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

https://www.the-star.co....-for-kibra-by-election/

Quote:
IEBC has cleared Former Harambee Stars MacDonald Mariga to run for the Kibra by-election to be held on November 7.

Making the ruling on Monday, IEBC Dispute Tribunal said it is obligated to conduct continuous registration of citizens as voters.

"It is our finding that the complainant was duly registered as a voter," IEBC Chairman Wafula Chebukati said.
Shak
#339 Posted : Monday, September 16, 2019 12:15:19 PM
Rank: Elder


Joined: 2/22/2009
Posts: 2,449
Location: Africa
I haven't seen a thread with more twists and turns like this one.
hardwood
#340 Posted : Monday, September 16, 2019 6:02:32 PM
Rank: Elder


Joined: 7/28/2015
Posts: 9,562
Location: Rodi Kopany, Homa Bay
VAR imeongea: Mariga gets certificate from the IEBC referee who invalidated his nomination


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