October 26 run-off elections:the elephant in the room

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anonymousz
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October 26 run-off elections:the elephant in the room

Unread post by anonymousz » Fri Oct 13, 2017 1:45 am

the elephant i the room is:

"IEBC will have to declare presidential results from all the 290 constituencies"

With NASA thug tactics, how are elections going to be conducted in a "peaceful, free and fair" manner particularly in NASA strongholds.

Did the legislative branch forget these small details ...

Looks like this new constitution written by detached/aloof pseudo-intellectuals has become a circus where kids are allowed to play with razor blades.

oscar
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Re: October 26 run-off elections:the elephant in the room

Unread post by oscar » Fri Oct 13, 2017 3:31 am

What is the spirit of the constitution when it comes to elections being held in the 290 constituencies is it:
1. To avoid a situation where The electoral body fails to facilitate the happening of election in any particular constituency or a rival candidate disrupt election in another's stronghold.

OR

2. A candidate mischievously disrupt election in his stronghold to 'illegitimize' the process , a criminal benefiting from a criminal act.

What is the spirit of the damn document.
utongoria wa maigirira

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Energizer
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Re: October 26 run-off elections:the elephant in the room

Unread post by Energizer » Fri Oct 13, 2017 5:17 am

Not difficult to manage. Govt machinery should just ensure that just a few polling stations within each constituency in a NASA stronghold like Luo Nyanza are open and heavily protected by GSU. Even if only one person in the entire constituency votes, an election has taken place. Alego Usonga constituency in Siaya for example, has 206 polling stations, and only one person in just one polling station out of 206 has to vote for the record to show that an election took place in the constituency. NASA will have a logistical nightmare trying to stop this throughout its strongholds.
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anonymousz
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Re: October 26 run-off elections:the elephant in the room

Unread post by anonymousz » Fri Oct 13, 2017 7:32 am

@Energizer; would that then meet the criteria for "peaceful, free and fair"? Can you imagine such a scenario in front of a "tibim" SCORK?
Energizer wrote:
Fri Oct 13, 2017 5:17 am
Not difficult to manage. Govt machinery should just ensure that just a few polling stations within each constituency in a NASA stronghold like Luo Nyanza are open and heavily protected by GSU. Even if only one person in the entire constituency votes, an election has taken place. Alego Usonga constituency in Siaya for example, has 206 polling stations, and only one person in just one polling station out of 206 has to vote for the record to show that an election took place in the constituency. NASA will have a logistical nightmare trying to stop this throughout its strongholds.

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anonymousz
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Re: October 26 run-off elections:the elephant in the room

Unread post by anonymousz » Fri Oct 13, 2017 7:38 am

this same issue is also discussed here:(we should merge there)

http://www.nipate.com/viewtopic.php?f=2 ... 1507901578

iMansfield
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Re: October 26 run-off elections:the elephant in the room

Unread post by iMansfield » Fri Oct 13, 2017 8:37 am

If Nasa disrupts voting in their strongholds and petition the court for the election to be nullified,the supreme court will dismiss their case because under the maxims of equity,he who seeks justice must come with clean hands,you cannot disrupt the voting process and seek orders for cancellation of the election,

Without Prejudice.
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NattyDread
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Re: October 26 run-off elections:the elephant in the room

Unread post by NattyDread » Fri Oct 13, 2017 9:25 am

iMansfield wrote:
Fri Oct 13, 2017 8:37 am
If Nasa disrupts voting in their strongholds and petition the court for the election to be nullified,the supreme court will dismiss their case because under the maxims of equity,he who seeks justice must come with clean hands,you cannot disrupt the voting process and seek orders for cancellation of the election,

Without Prejudice.
Perfect argument. Proven sabotahe can be grounds for disqialification and a 5 year lockout.
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nowayhaha
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Re: October 26 run-off elections:the elephant in the room

Unread post by nowayhaha » Fri Oct 13, 2017 9:39 am

anonymousz wrote:
Fri Oct 13, 2017 1:45 am
the elephant i the room is:

"IEBC will have to declare presidential results from all the 290 constituencies"

With NASA thug tactics, how are elections going to be conducted in a "peaceful, free and fair" manner particularly in NASA strongholds.

Did the legislative branch forget these small details ...

Looks like this new constitution written by detached/aloof pseudo-intellectuals has become a circus where kids are allowed to play with razor blades.
Anony , there is a case filled to have Raila run see below , the outcome of the case either negative or positive will be a plus for Jubilee . The courts decided to do IEBC works , let them decide if Raila use of violence can affect the election results and stop the election being held . The goodness of throwing the questions to the courts prior to events is its hard for a court to outfox itself but post events is that they make adventurous rulings.
https://www.the-star.co.ke/news/2017/10 ... s_c1645827

A Jubilee MP has filed a petition to compel Opposition leaders Raila Odinga and Kalonzo Musyoka to participate in the October 26 repeat polls.

Pokot South MP David Pkosing says the attempt by NASA to boycott the election will trigger a constitutional crisis.

"NASA co-principal have publicly threatened that unless their demands for new electoral framework are met they will either prevent, impede, subvert or otherwise ensure by fair or foul, legal or illegal means that the fresh presidential elections will not be held," he said in the six-page petition.

Pkosing says attempts to boycott the election will amount to contempt of court.

NASA leaders have threatened not to go to the repeat polls until IEBC CEO Ezra Chiloba and several officers leave office.

Raila said they will hold protests every Monday and Friday until their demands are addressed.

Attorney General Githu Muigai, IEBC chair Wafula Chebukati and the Registrar of Political Parties are among respondents in the petition.

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Energizer
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Re: October 26 run-off elections:the elephant in the room

Unread post by Energizer » Fri Oct 13, 2017 10:36 am

Yes it would, because that is why GSU would legally be there - to enforce the peace.
anonymousz wrote:
Fri Oct 13, 2017 7:32 am
@Energizer; would that then meet the criteria for "peaceful, free and fair"? Can you imagine such a scenario in front of a "tibim" SCORK?
Energizer wrote:
Fri Oct 13, 2017 5:17 am
Not difficult to manage. Govt machinery should just ensure that just a few polling stations within each constituency in a NASA stronghold like Luo Nyanza are open and heavily protected by GSU. Even if only one person in the entire constituency votes, an election has taken place. Alego Usonga constituency in Siaya for example, has 206 polling stations, and only one person in just one polling station out of 206 has to vote for the record to show that an election took place in the constituency. NASA will have a logistical nightmare trying to stop this throughout its strongholds.
We believe in Kusema na Kutenda

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