Section 83,Elections Act

[vooke]

Prayers come in handy to get around section 83

Nasa MPs in a prayer session outside the Supreme Court. #PresidentialPetitionKe pic.twitter.com/5u0kt6ZTN8

— Nation Africa (@NationAfrica) August 29, 2017

[RV Pundit]

They need miracles;

[vooke]

Omorlo and Moonki,

LSK Submissions from 1:38:40

LSK reckons that Section 83 is not applicable to a presidential election petition

83. Non-compliance with the law
No election shall be declared to be void by reason of non-compliance with any written law relating to that election if it appears that the election was conducted in accordance with the principles laid down in the Constitution and in that written law or that the non-compliance did not affect the result of the election.

The reasons to my mind appears strange;
Mwenesi, if I heard him right ,argues that whereas Section 83 uses VOID, Article 140 of our constitution uses the term INVALID, and these are very different terms hence

140. (1) A person may  le a petition in the Supreme Court to challenge the election of the President-elect within seven days after the date of the declaration of the results of the presidential election.
(2) Within fourteen days after the  ling of a petition under clause (1), the Supreme Court shall hear and determine the petition and its decision shall be  nal.
(3) 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.

The further argument is that SCOK should be guided by Constitution definition of Free and Fair in Section 81, and not Section 83 of the Elections Act

Does he make sense? Is INVALID not equal to VOID?  LOoks like in either the Elections Act and the Constitution,the outcome of both VOID and INVALID is a fresh election. I felt like he was splitting hairs,but that's me. I also can't find Section 83 inconsistent with the katiba.  What your take?

[RV Pundit]

Mwenesi is nuts:
void
void/Submit
adjective
1.
not valid or legally binding.

[vooke]

Mwenesi is nuts:
void
void/Submit
adjective
1.
not valid or legally binding.

I know Law is sacred and all but I don't need a Law degree to see through this bullshiet.

Section 83 speaks of non-compliance with 'any written Law' then further on the paragraph mention constitution. There is some clear distinction between Constitution and 'any written Law' which obviously refers to election laws such as the Elections Act itself.

So methinks the point is not an election that is against the Constitutional principles of Free and Fair as laid out in section 81, but procedural stuff set out in the electoral laws.

Supposing there is no form 34A and instead, the results are handwritten in an A4 page,signed by al agents,observers,PO,DPO....and pinned outside a polling station after they have been scanned and sent vide KIEMS.

Yes the results are not in accordance the 'written laws'(Elections Act), but are they invalid?
Which principle of the katiba did they breach? Is there constitutional infraction?

[RV Pundit]

Precisely. Otherwise if you allow people to nit-pick - then there will never be a valid election.

I know Law is sacred and all but I don't need a Law degree to see through this bullshiet.

Section 83 speaks of non-compliance with 'any written Law' then further on the paragraph mention constitution. There is some clear distinction between Constitution and 'any written Law' which obviously refers to election laws such as the Elections Act itself.

So methinks the point is not an election that is against the Constitutional principles of Free and Fair as laid out in section 81, but procedural stuff set out in the electoral laws.

Supposing there is no form 34A and instead, the results are handwritten in an A4 page,signed by al agents,observers,PO,DPO....and pinned outside a polling station after they have been scanned and sent vide KIEMS.

Yes the results are not in accordance the 'written laws'(Elections Act), but are they invalid?
Which principle of the katiba did they breach? Is there constitutional infraction?

[vooke]

Precisely. Otherwise if you allow people to nit-pick - then there will never be a valid election.

The other bit about LSK submission is the suggestion that the principles in the katiba section 81 apply to the presidential elections. While correct, they seemed to imply those are presidential elections standards alone. I think it applies in ALL elections. So you don't grab Section 81 and use it to crush Section 83, rather you interrogate how Section 83 circumvents Section 81.

In short, all these are applicable in all elections,and they don't contradict each other. Section 83 was probably developed to avoid frivolous petitions