Nipate
Forum => Kenya Discussion => Topic started by: vooke on September 26, 2017, 07:19:29 AM
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The whole idea of 'Constitutional Crisis' should we not hold elections within 60 days or SCOK Determination, or even should we not have an outright winner triggering a runoff hinges on Article 134 (1)(a);
Exercise of presidential powers during temporary incumbency.
134. (1) A person who holds the office of President or who is authorised in terms of this Constitution to exercise the powers of the President—
(a) during the period commencing on the date of the first vote in a presidential election, and ending when the newly elected President assumes office; or
NASWA believes, or would like to believe that if we don't hold elections 60 days from SCOK determination, we move outside the election cycle into something our katiba never got envisaged.
They are toying with several ideas of stopping the election;
1. Baba abandons the race and as per Raila v IEBC (2013) petition we shift from a runoff to a whole new cycle of elections starting with nominations
2. Disruption of the process in at least one constituency since presidential election happens in 290 constituencies and they believe holding it in less than 290 would invalidate the election.
3. Disruption of the election in one too many counties this denying any aspirant the constitutional threshold of at least 25% of votes cast in over half of all the counties.
Forget about the means of stopping elections on 26th October and focus on this 'Constitutional Crisis'.
When does Temporary Incumbency end?
Will the period commencing on the date of the first vote in a presidential election, and ending when the newly elected President assumes office be interrupted by not holding the elections on 26th?
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Good.They are busy scrounging thro the constitution looking for panya route for coalition caretaker gok.I don't see any coz at worse Speaker Moturi takes over as per article 138.
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Come 26th Oct and elections don't materialize, someone will rush to court (SCOK/High Court) and seek advisory opinion on whether temporary Incumbency laspes with the 60-day timeline.
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Why won't election not materialize. The way I see NASA can try to prevent election in their stronghold. This may hold in Luo Nyanza only. However as long as IEBC has held elections - no where in our laws says folks must cast their vote. Not casting your vote is totally okay. All IEBC has to ensure is that security force are present to allow those that want to vote to vote. If zero or 1 person turn up - well and good. That is an election held.
Come 26th Oct and elections don't materialize, someone will rush to court (SCOK/High Court) and seek advisory opinion on whether temporary Incumbency laspes with the 60-day timeline.
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Go slow on lies
Good.They are busy scrounging thro the constitution looking for panya route for coalition caretaker gok.I don't see any coz at worse Speaker Moturi takes over as per article 138.
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Omollo - Once again forming inclusive Jubilee gok is not Nusu-Mkate. If Raila want to be part of Gok - let him join.
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Omollo - Once again forming inclusive Jubilee gok is not Nusu-Mkate. If Raila want to be part of Gok - let him join.
Call it any name. NASA has said NO. NASA has the numbers and therefore is advocating for a level playing field so Uhuru loses properly and fairly. NASA is not intent on advantages.
BTW Orengo officially told Jubilee to go for the recount and knock themselves out. I hope you did not miss it. He reminded them that it could have been done during the petition if they had not objected (evidence of the said opposition which I posted for you yesterday).
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If abandoning a presidential race means going back to scratch, that would necessarily mean end of temporary Incumbency as well....as in it was triggered by an event that has been scrapped.
Maybe that's why Baba is afraid of pulling out
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The easy road to nusu mkate. Reforms too have a marginal utility.
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More like temporarily insanity
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Only jubilidiots keep harping on about a coalition government. One might be forgiven for thinking that they are the ones wanting a coalition government the most.
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Evidence?
If abandoning a presidential race means going back to scratch, that would necessarily mean end of temporary Incumbency as well....as in it was triggered by an event that has been scrapped.
Maybe that's why Baba is afraid of pulling out