Temporary Incumbency

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vooke
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Temporary Incumbency

Unread post by vooke » Mon Sep 25, 2017 10:18 pm

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


NASA 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?
"No warrior entangleth himself with the affairs of this life; that he may please him who hath chosen him to be a soldier." (2 Timothy 2:4)..

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Pamba
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Re: Temporary Incumbency

Unread post by Pamba » Tue Sep 26, 2017 1:04 am

Everyone is
Image

We will know who is smarter in a month or so. Expect the set pieces to be very fluid
vooke wrote:
Mon Sep 25, 2017 10:18 pm
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


NASA 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?
“Bomet is not Kabete where ‘Baba Yao’ (Waititu) won the seat on a JAP ticket.” (Isaac Ruto, 2015) :mrgreen: :mrgreen:

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vooke
Level: Council of the gods
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Joined: Fri Feb 15, 2013 9:03 am
Location: Nairobbery

Re: Temporary Incumbency

Unread post by vooke » Thu Sep 28, 2017 1:46 pm

If abandoning a presidential race man's 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
"No warrior entangleth himself with the affairs of this life; that he may please him who hath chosen him to be a soldier." (2 Timothy 2:4)..

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