What's next after NASA's withdrawal from Oct. 26 Run-off Presidential elections

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anonymousz
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What's next after NASA's withdrawal from Oct. 26 Run-off Presidential elections

Unread post by anonymousz » Tue Oct 10, 2017 8:58 am

IEBC MUST now accept with immediate effect, NASA's withdrawal from SCORK ordered presidential election run-off between Jubilee and NASA.

Itina
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Re: What's next after NASA's withdrawal from Oct. 26 Run-off Presidential elections

Unread post by Itina » Tue Oct 10, 2017 9:04 am

What we want now is Rt Hon to be declared the president as per the results in the sever.

obienga
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Re: What's next after NASA's withdrawal from Oct. 26 Run-off Presidential elections

Unread post by obienga » Tue Oct 10, 2017 9:09 am

anonymousz wrote:
Tue Oct 10, 2017 8:58 am
IEBC MUST now accept with immediate effect, NASA's withdrawal from SCORK ordered presidential election run-off between Jubilee and NASA.
52. Withdrawal of candidature after nomination
1. A candidate who has been nominated may withdraw his or her candidature by delivering to the respective returning officer a notice to that effect in Form 24A not later than three days after nomination.
2. Where there are only two nominated candidates and one candidate withdraws, the remaining candidate shall be declared duly elected in accordance with regulation https://roggkenya.org/wp-content/upload ... of2017.pdf

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Logan
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Re: What's next after NASA's withdrawal from Oct. 26 Run-off Presidential elections

Unread post by Logan » Tue Oct 10, 2017 9:16 am

obienga wrote:
Tue Oct 10, 2017 9:09 am
anonymousz wrote:
Tue Oct 10, 2017 8:58 am
IEBC MUST now accept with immediate effect, NASA's withdrawal from SCORK ordered presidential election run-off between Jubilee and NASA.
52. Withdrawal of candidature after nomination
1. A candidate who has been nominated may withdraw his or her candidature by delivering to the respective returning officer a notice to that effect in Form 24A not later than three days after nomination.
2. Where there are only two nominated candidates and one candidate withdraws, the remaining candidate shall be declared duly elected in accordance with regulation
https://roggkenya.org/wp-content/upload ... of2017.pdf
Read from your link:

ELECTIONS (GENERAL) REGULATIONS, as amended in April 2017, unofficial document :?: :!: :roll: - consolidated by
http://RoGGKenya.org, uploaded on July 11, 2017. At that time the consolidated regulations had not been
amended. For the originals search http://kenyalaw.org or http://www.iebc.or.ke
The only power we can share with Jubilee is Electricity. ~ Raila Amollo Odinga :D

AntiHubris
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Re: What's next after NASA's withdrawal from Oct. 26 Run-off Presidential elections

Unread post by AntiHubris » Tue Oct 10, 2017 9:32 am

:lol: :lol: :lol: :lol: Itish you have a sense of humour.

Itina wrote:
Tue Oct 10, 2017 9:04 am
What we want now is Rt Hon to be declared the president as per the results in the sever.

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anonymousz
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Re: What's next after NASA's withdrawal from Oct. 26 Run-off Presidential elections

Unread post by anonymousz » Tue Oct 10, 2017 9:40 am

I heard the president say "the elections MUST go on"

Is that pending i) IEBC formally and within law accepting NASA withdrawal ii) IEBC declaring Uhuru Kenyatta the winner by virtue of being the ONLY candidate on the ballot ...

Why would he say that?
President Uhuru Kenyatta and his deputy William Ruto now say they are ready for the October 26 fresh presidential election despite the withdrawal of NASA candidate Raila Odinga and his running mate Kalonzo Musyoka.

President Kenyatta and Ruto who spoke during a rally in Voi, say Odinga’s withdrawal cannot stop the election as ordered by the Supreme Court.
https://www.capitalfm.co.ke/news/2017/1 ... ila-uhuru/
obienga wrote:
Tue Oct 10, 2017 9:09 am
anonymousz wrote:
Tue Oct 10, 2017 8:58 am
IEBC MUST now accept with immediate effect, NASA's withdrawal from SCORK ordered presidential election run-off between Jubilee and NASA.
52. Withdrawal of candidature after nomination
1. A candidate who has been nominated may withdraw his or her candidature by delivering to the respective returning officer a notice to that effect in Form 24A not later than three days after nomination.
2. Where there are only two nominated candidates and one candidate withdraws, the remaining candidate shall be declared duly elected in accordance with regulation https://roggkenya.org/wp-content/upload ... of2017.pdf
Last edited by anonymousz on Tue Oct 10, 2017 10:04 am, edited 3 times in total.

obienga
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Re: What's next after NASA's withdrawal from Oct. 26 Run-off Presidential elections

Unread post by obienga » Tue Oct 10, 2017 9:41 am

Logan wrote:
Tue Oct 10, 2017 9:16 am
obienga wrote:
Tue Oct 10, 2017 9:09 am
anonymousz wrote:
Tue Oct 10, 2017 8:58 am
IEBC MUST now accept with immediate effect, NASA's withdrawal from SCORK ordered presidential election run-off between Jubilee and NASA.
52. Withdrawal of candidature after nomination
1. A candidate who has been nominated may withdraw his or her candidature by delivering to the respective returning officer a notice to that effect in Form 24A not later than three days after nomination.
2. Where there are only two nominated candidates and one candidate withdraws, the remaining candidate shall be declared duly elected in accordance with regulation
https://roggkenya.org/wp-content/upload ... of2017.pdf
Read from your link:

ELECTIONS (GENERAL) REGULATIONS, as amended in April 2017, unofficial document :?: :!: :roll: - consolidated by
http://RoGGKenya.org, uploaded on July 11, 2017. At that time the consolidated regulations had not been
amended. For the originals search http://kenyalaw.org or http://www.iebc.or.ke
Jakuonist, the IEBC site and Kenya Law are slower than the provided site. Can you disprove to the contrary that there is no Section 52 of the gazetted 2017 Kenya General Elections Regulations and a Form 24A that must be filed to withdraw as provided for under law? Jakuon's roadside pronouncements do not count as formal withdrawals.

YellowOne
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Re: What's next after NASA's withdrawal from Oct. 26 Run-off Presidential elections

Unread post by YellowOne » Tue Oct 10, 2017 9:46 am

:lol:
Rt Hon Dr. Dr. Dr. Raila; sever-server?
Itina wrote:
Tue Oct 10, 2017 9:04 am
What we want now is Rt Hon to be declared the president as per the results in the sever.
`/ [- |_ |_ () \/\/ () |\| [-

obienga
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Re: What's next after NASA's withdrawal from Oct. 26 Run-off Presidential elections

Unread post by obienga » Tue Oct 10, 2017 10:32 am

It is Jakuon's democratic right to boycott or not participate in an election by not voting or asking his supporters not to go to any polling station. He could be frying mandazi somewhere in Kibra or on bed rest in the UK on election day, it is entirely within his constitutional right not to cast a ballot for himself or for his opponent. IEBC will give their legal position in due course. https://twitter.com/IEBCKenya/status/917761723360337920

If Jakuon would legally withdraw (under the proscribed legal process) then yes, the Mutunga ruling could kick in. The straw that remains standing thus is what does abandon mean and if abandon means withdraw, then we come back to square one. The question being, what are the parameters to withdraw and that's where section 52 comes up. Jakuon's nomination as a candidate for President gives him 3 days to withdraw via Form 24A. He is evidently outside of that window whichever date you generously pick to count from.

If Raila cannot legally withdraw as per the regulations, then his name remains on the ballot and the election must go on as is. It is his choice to campaign, not campaign, not vote or to sit at home. Since he cannot withdraw as per section 52, it would appear then that Uhuru cannot be declared President on the basis of 52 (2) and can only be declared President in an election in which he carries the day.

Ultimately it is very likely that this matter will be back in the courts and Raila is going to be on thin ice absent a new Maraga lifeline. He would have to force IEBC to accept his withdrawal if he indeed did submit Form 24A but under what law and regulation can he force them when it clearly states 3 days after nomination? His very last and only remaining straw would be the meaning of "abandon" being different than withdrawal.
anonymousz wrote:
Tue Oct 10, 2017 9:40 am
I heard the president say "the elections MUST go on"

Is that pending IEBC i) formally and within law accepting NASA withdrawal ii) IEBC declaring Uhuru Kenyatta the winner by virtue of being the ONLY candidate on the ballot ...

Why would he say that?
President Uhuru Kenyatta and his deputy William Ruto now say they are ready for the October 26 fresh presidential election despite the withdrawal of NASA candidate Raila Odinga and his running mate Kalonzo Musyoka.

President Kenyatta and Ruto who spoke during a rally in Voi, say Odinga’s withdrawal cannot stop the election as ordered by the Supreme Court.
https://www.capitalfm.co.ke/news/2017/1 ... ila-uhuru/
obienga wrote:
Tue Oct 10, 2017 9:09 am
anonymousz wrote:
Tue Oct 10, 2017 8:58 am
IEBC MUST now accept with immediate effect, NASA's withdrawal from SCORK ordered presidential election run-off between Jubilee and NASA.
52. Withdrawal of candidature after nomination
1. A candidate who has been nominated may withdraw his or her candidature by delivering to the respective returning officer a notice to that effect in Form 24A not later than three days after nomination.
2. Where there are only two nominated candidates and one candidate withdraws, the remaining candidate shall be declared duly elected in accordance with regulation https://roggkenya.org/wp-content/upload ... of2017.pdf

Garlic
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Re: What's next after NASA's withdrawal from Oct. 26 Run-off Presidential elections

Unread post by Garlic » Tue Oct 10, 2017 10:33 am

Another view here: :-

The position is as follows. As part of the 2016 bi-partisan electoral reforms( Kiraitu-Orengo Committee) , parliament enacted two provisions of law to deal with this exact scenario. Part of Section 55B
The April provisions, which modify Raila 2013, are Regulation 52 and 53 of the Elections ( General) Regulations, again passed in April this year 2017 by parliament with the full participation of NASA . They allow remaining candidate to be declared winner if one of two candidates withdraws. It's the provision used to declare our very own Hon Ichubgwa duly elected without an election after all his opponents pulled a Raila on him. So there is accepted precedent for declaring HE and DP duly elected even if Jakom pulls out t this juncture as expected. This are the full regulations , which are to be read together with Regulation 88(2):

"52.Withdrawal of candidature after nomination

(1)A candidate who has been nominated may withdraw his or her candidature by delivering to the respective returning officer a notice to that effect in Form 24A not later than three days after nomination.

(2)Where there are only two nominated candidates and one candidate withdraws, the remaining candidate shall be declared duly elected in accordance with regulation 53.

[L.N. 72/2017, r. 20.]

53.Declaration of no contest: Other elective posts

If at the close of nominations for any elective post only one candidate is validly nominated in respect of that elective post in an electoral area, the Commission shall declare the candidate duly elected and publish a notice in the Gazette to that effect."

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Logan
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Re: What's next after NASA's withdrawal from Oct. 26 Run-off Presidential elections

Unread post by Logan » Tue Oct 10, 2017 10:57 am

Garlic wrote:
Tue Oct 10, 2017 10:33 am
Another view here: :-

The position is as follows. As part of the 2016 bi-partisan electoral reforms( Kiraitu-Orengo Committee) , parliament enacted two provisions of law to deal with this exact scenario. Part of Section 55B
The April provisions, which modify Raila 2013, are Regulation 52 and 53 of the Elections ( General) Regulations, again passed in April this year 2017 by parliament with the full participation of NASA . They allow remaining candidate to be declared winner if one of two candidates withdraws. It's the provision used to declare our very own Hon Ichubgwa duly elected without an election after all his opponents pulled a Raila on him. So there is accepted precedent for declaring HE and DP duly elected even if Jakom pulls out t this juncture as expected. This are the full regulations , which are to be read together with Regulation 88(2):

"52.Withdrawal of candidature after nomination

(1)A candidate who has been nominated may withdraw his or her candidature by delivering to the respective returning officer a notice to that effect in Form 24A not later than three days after nomination.

(2)Where there are only two nominated candidates and one candidate withdraws, the remaining candidate shall be declared duly elected in accordance with regulation 53.

[L.N. 72/2017, r. 20.]

53.Declaration of no contest: Other elective posts

If at the close of nominations for any elective post only one candidate is validly nominated in respect of that elective post in an electoral area, the Commission shall declare the candidate duly elected and publish a notice in the Gazette to that effect."
The devil is always in the details..... And Baba knows these details....

Where does it say this includes "Presidential Candidates"? :P

viewtopic.php?f=2&t=69175&start=105
The only power we can share with Jubilee is Electricity. ~ Raila Amollo Odinga :D

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anonymousz
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Re: What's next after NASA's withdrawal from Oct. 26 Run-off Presidential elections

Unread post by anonymousz » Tue Oct 10, 2017 11:14 am

Thanks @obienga & @Garlic;

Looks like NASA has NOT withdrawn per regulations, and, NASA's candidate will remain on the ballot (see @obienga below) and Jubilee Uhuru Kenyatta cannot be declared a winner on the basis of an illegal withdrawal by Raila, and per @obienga can ONLY be declared winner on the basis of Oct.26 repeat elections. Hence, Uhuru/Ruto MUST continue with the elections no matter how silly it might look.

@Garlic, did Hon. Ichugwa's competitors "legally" withdraw? if NOT that precedent will not stand.

Kindly also note other related pending cases in the courts, in particular Aukot's case

Looks like we may have to brace for one of the most wanton expenditures in elections while there is a looming famine.
obienga wrote:
Tue Oct 10, 2017 10:32 am

If Raila cannot legally withdraw as per the regulations, then his name remains on the ballot and the election must go on as is. It is his choice to campaign, not campaign, not vote or to sit at home. Since he cannot withdraw as per section 52, it would appear then that Uhuru cannot be declared President on the basis of 52 (2) and can only be declared President in an election in which he carries the day.
Garlic wrote:
Tue Oct 10, 2017 10:33 am

The April provisions, which modify Raila 2013, are Regulation 52 and 53 of the Elections ( General) Regulations, again passed in April this year 2017 by parliament with the full participation of NASA . They allow remaining candidate to be declared winner if one of two candidates withdraws. It's the provision used to declare our very own Hon Ichugwa duly elected without an election after all his opponents pulled a Raila on him. So there is accepted precedent for declaring HE and DP duly elected even if Jakom pulls out t this juncture as expected. This are the full regulations , which are to be read together with Regulation 88(2):
Last edited by anonymousz on Tue Oct 10, 2017 11:22 am, edited 4 times in total.

iMansfield
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Re: What's next after NASA's withdrawal from Oct. 26 Run-off Presidential elections

Unread post by iMansfield » Tue Oct 10, 2017 11:17 am

Logan wrote:
Tue Oct 10, 2017 10:57 am
Garlic wrote:
Tue Oct 10, 2017 10:33 am
Another view here: :-

The position is as follows. As part of the 2016 bi-partisan electoral reforms( Kiraitu-Orengo Committee) , parliament enacted two provisions of law to deal with this exact scenario. Part of Section 55B
The April provisions, which modify Raila 2013, are Regulation 52 and 53 of the Elections ( General) Regulations, again passed in April this year 2017 by parliament with the full participation of NASA . They allow remaining candidate to be declared winner if one of two candidates withdraws. It's the provision used to declare our very own Hon Ichubgwa duly elected without an election after all his opponents pulled a Raila on him. So there is accepted precedent for declaring HE and DP duly elected even if Jakom pulls out t this juncture as expected. This are the full regulations , which are to be read together with Regulation 88(2):

"52.Withdrawal of candidature after nomination

(1)A candidate who has been nominated may withdraw his or her candidature by delivering to the respective returning officer a notice to that effect in Form 24A not later than three days after nomination.

(2)Where there are only two nominated candidates and one candidate withdraws, the remaining candidate shall be declared duly elected in accordance with regulation 53.

[L.N. 72/2017, r. 20.]

53.Declaration of no contest: Other elective posts

If at the close of nominations for any elective post only one candidate is validly nominated in respect of that elective post in an electoral area, the Commission shall declare the candidate duly elected and publish a notice in the Gazette to that effect."
The devil is always in the details..... And Baba knows these details....

Where does it say this includes "Presidential Candidates"? :P

viewtopic.php?f=2&t=69175&start=105


https://roggkenya.org/wp-content/upload ... of2017.pdf

ELECTIONS (GENERAL) REGULATIONS 2012 as amended in April 2017:

“political party candidate” means a candidate nominated by a political party to
contest an election under the Act;

The election may be of mca,mp,senator,governor or president,therefore chebukati should declare uhuru president elect as soon as possible,

Without Prejudice.
Last edited by iMansfield on Tue Oct 10, 2017 11:19 am, edited 2 times in total.
"We face neither East nor West: we face forward." - Kwame Nkrumah

Hummer
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Re: What's next after NASA's withdrawal from Oct. 26 Run-off Presidential elections

Unread post by Hummer » Tue Oct 10, 2017 11:18 am

IMG_2493.JPG
IMG_2493.JPG (243.53 KiB) Viewed 560 times
Logan wrote:
Tue Oct 10, 2017 10:57 am
Garlic wrote:
Tue Oct 10, 2017 10:33 am
Another view here: :-

The position is as follows. As part of the 2016 bi-partisan electoral reforms( Kiraitu-Orengo Committee) , parliament enacted two provisions of law to deal with this exact scenario. Part of Section 55B
The April provisions, which modify Raila 2013, are Regulation 52 and 53 of the Elections ( General) Regulations, again passed in April this year 2017 by parliament with the full participation of NASA . They allow remaining candidate to be declared winner if one of two candidates withdraws. It's the provision used to declare our very own Hon Ichubgwa duly elected without an election after all his opponents pulled a Raila on him. So there is accepted precedent for declaring HE and DP duly elected even if Jakom pulls out t this juncture as expected. This are the full regulations , which are to be read together with Regulation 88(2):

"52.Withdrawal of candidature after nomination

(1)A candidate who has been nominated may withdraw his or her candidature by delivering to the respective returning officer a notice to that effect in Form 24A not later than three days after nomination.

(2)Where there are only two nominated candidates and one candidate withdraws, the remaining candidate shall be declared duly elected in accordance with regulation 53.

[L.N. 72/2017, r. 20.]

53.Declaration of no contest: Other elective posts

If at the close of nominations for any elective post only one candidate is validly nominated in respect of that elective post in an electoral area, the Commission shall declare the candidate duly elected and publish a notice in the Gazette to that effect."
The devil is always in the details..... And Baba knows these details....

Where does it say this includes "Presidential Candidates"? :P

viewtopic.php?f=2&t=69175&start=105

Murata
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Re: What's next after NASA's withdrawal from Oct. 26 Run-off Presidential elections

Unread post by Murata » Tue Oct 10, 2017 12:15 pm

On this, it's a hard call. Agwambo stated clearly he's looking for a Win-win situation for all participants. I think that's an olive branch. He laid out a case for withdrawing and whether you think some have Merritt or not, it was curious he did not add security withdrawal which Kalonzo has been addressing lately. He has many directions to come up on any case on withdrawal. Looks like a compromise. But Agwambo has not not us what he'd do for the people if elected

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