MOON Ki Help Me Understand The Retroactive Powers of the Law

[RV Pundit]

Only temporary incumbency kicks in on a re-run. We haven't reached that yet. What we had was annulled election. Meaning we are back to where we were pre-8.8.2017 meaning Uhuru continues to exercise full powers.

The matter is yet to be litigated and the court has therefore not decided.  However, I believe that under the current laws it begins when the parliament is disbanded until a president is legally and properly sworn in.  Ouru's temporary presidency kicked in immediately the parliament was disbanded and is still in effect. As of  November 1, 2017, we will be in a constitutional crisis.  I do not see how we will avoid that because even if the elections are done on 10/26/2017,  I foresee a petition which will not be decided until after November 1, 2007. If Ouru is sworn in by force before November 1, 2017, I still see a court challenge to his swearing in.  Maybe Museveni and Kagame will attend. 

[RV Pundit]

I feel you pain. Ours is wild wild west. Take pain killers and buckle up because the son of the gun is just about started. By 2022 - you'd wish Moi was here - coz Moi was nice simple humble christian - Ruto is a brilliant go-getter who suffers no scrupples nor fools. Look at Kagame or M7 for how Ruto will ran the show - a really tight ship. The economy will definitely shot up but you don't want to be in his bad books.

Of course it pains me that Ruto stole billions from Kenyans and bought human slaves to work for him as Members of parliament to make a mockery of a democracy.

[Kichwa]

The only difference between Ruto and the other two you have mentioned is that M7 and Kagame started their careers by liberating their countries and their popularity was in stratosphere for years.  Ruto is having a very bad start if you ask me. Even Idi Amin was more popular in the beginning than Ruto even before he is president. Ruto is exactly the opposite of what this country will need after the impending and inevitable confrontations.

I feel you pain. Ours is wild wild west. Take pain killers and buckle up because the son of the gun is just about started. By 2022 - you'd wish Moi was here - coz Moi was nice simple humble christian - Ruto is a brilliant go-getter who suffers no scrupples nor fools. Look at Kagame or M7 for how Ruto will ran the show - a really tight ship. The economy will definitely shot up but you don't want to be in his bad books.

Of course it pains me that Ruto stole billions from Kenyans and bought human slaves to work for him as Members of parliament to make a mockery of a democracy.

[Kichwa]

Only the presidential elections were nullified by the court.  The starting period of the temporary presidency begins with the General Elections and ends with the proper and legal swearing in of a president. We are still within the period of General Elections and the swearing in of a president and therefore Ouru is as temporary as it comes and he dares not act beyond his powers or the court will nullify such actions upon a competent petition.

Only temporary incumbency kicks in on a re-run. We haven't reached that yet. What we had was annulled election. Meaning we are back to where we were pre-8.8.2017 meaning Uhuru continues to exercise full powers.

The matter is yet to be litigated and the court has therefore not decided.  However, I believe that under the current laws it begins when the parliament is disbanded until a president is legally and properly sworn in.  Ouru's temporary presidency kicked in immediately the parliament was disbanded and is still in effect. As of  November 1, 2017, we will be in a constitutional crisis.  I do not see how we will avoid that because even if the elections are done on 10/26/2017,  I foresee a petition which will not be decided until after November 1, 2007. If Ouru is sworn in by force before November 1, 2017, I still see a court challenge to his swearing in.  Maybe Museveni and Kagame will attend. 

[vooke]

Only the presidential elections were nullified by the court.  The starting period of the temporary presidency begins with the General Elections and ends with the proper and legal swearing in of a president. We are still within the period of General Elections and the swearing in of a president and therefore Ouru is as temporary as it comes and he dares not act beyond his powers or the court will nullify such actions upon a competent petition.

He reverts to full incumbency under either
1. Swearing in
2. Babu pulling out of the coming re-run

[Kichwa]

He only reverts if he wins a legally conducted elections and is properly and legally sworn in. Raila already said that he will not be pulling out of the re-run-so that is not an option. He only stated that there may not be an elections the way things are going.

Only the presidential elections were nullified by the court.  The starting period of the temporary presidency begins with the General Elections and ends with the proper and legal swearing in of a president. We are still within the period of General Elections and the swearing in of a president and therefore Ouru is as temporary as it comes and he dares not act beyond his powers or the court will nullify such actions upon a competent petition.

He reverts to full incumbency under either
1. Swearing in
2. Babu pulling out of the coming re-run

[Kim Jong-Un's Pajama Pants]

and how mortals can be protected from the same. When does the principle kick in.

In the US, some laws can only come into force after the current term of congress.  One such law affected by this principle is when Congress determines its salary structure.

I know your question revolves around the current moves by jubilee to make election rigging easier.  That is hard to say.  But I could see issues arising from court challenges, conservatory orders.  Because NASA or someone else is going to challenge it in court once that becomes possible.

[MOON Ki]

As with any circus, MOON Ki is observing with silent amusement.    Nevertheless, if the potential for entertainment reaches a certain threshold, he might comment on the current Kenyan National Tragicomedy Politics.   

[Kichwa]

Exactly, when the matter is challenged in court that is when the courts will start drawing principals and guidelines in their determination.  This is why it is advisable on their part to wait until after the elections if they truly want to avoid going back to Maraga's court. Ruto want to do to this new Katiba what Trump trying  to do to Obamacare. He will be resisted all the way including in the court and in the streets.

and how mortals can be protected from the same. When does the principle kick in.

In the US, some laws can only come into force after the current term of congress.  One such law affected by this principle is when Congress determines its salary structure.

I know your question revolves around the current moves by jubilee to make election rigging easier.  That is hard to say.  But I could see issues arising from court challenges, conservatory orders.  Because NASA or someone else is going to challenge it in court once that becomes possible.