Author Topic: Aukot rescues Kenia from a certain ‘Constitutional Crisis’  (Read 1081 times)

Offline Vintage Windy City Assassin

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Re: Aukot rescues Kenia from a certain ‘Constitutional Crisis’
« Reply #40 on: October 10, 2017, 05:08:48 PM »
Judges make law all the time. Its called case law.

Judges don't make law - it parliament who makes them. Only something is unconstitutional if the constitution says so are parliament forbidden from doing that. Where it is silent - then it's job of legislation to giving meaning to that silences.
I think  there is enabling law and that is what you have in mind.  The laws enable what the constitution directs.  Then there is a situation where the constitution is silent.  Can enabling law be made in a such situation?  Especially one that contradicts an interpretation of that silence that has been given by the court?

Yep.  In common law systems, case law is actually one of the sources of law.  It is a common misperception though.  Even, Neil Gorsuch, the latest addition to the US supreme court behaves as if he has never heard of case law.
"I freed a thousand slaves.  I could have freed a thousand more if only they knew they were slaves."

Harriet Tubman

Offline vooke

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Re: Aukot rescues Kenia from a certain ‘Constitutional Crisis’
« Reply #41 on: October 11, 2017, 06:03:28 AM »
So now it boils down to whether paragraph 292 of Raila v IEBC (2013) Judgement was obiter dicter or ratio decidendi, and if it is binding, and whether the election regulations on withdrawal legally varied it.

What matters is, can High Court direct against that part?
If they can, and if they do, can they also direct on withdrawal?

We are going to have epic battles this and next week before some skulls are burst
2 Timothy 2:4  No man that warreth entangleth himself with the affairs of this life; that he may please him who hath chosen him to be a soldier.

Offline RV Pundit

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Re: Aukot rescues Kenia from a certain ‘Constitutional Crisis’
« Reply #42 on: October 11, 2017, 06:19:10 AM »
Our courts and tv stations will be busy with lawyers going against lawwyers.That is for sure whichever way IEBC rules today.

Offline vooke

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Re: Aukot rescues Kenia from a certain ‘Constitutional Crisis’
« Reply #43 on: October 11, 2017, 09:46:45 AM »
Mativo

It’s an obiter
2 Timothy 2:4  No man that warreth entangleth himself with the affairs of this life; that he may please him who hath chosen him to be a soldier.

Offline RV Pundit

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Re: Aukot rescues Kenia from a certain ‘Constitutional Crisis’
« Reply #44 on: October 11, 2017, 09:51:36 AM »
Interesting. I am going to switch on the TV.
Mativo

It’s an obiter

Offline vooke

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Re: Aukot rescues Kenia from a certain ‘Constitutional Crisis’
« Reply #45 on: October 11, 2017, 09:53:35 AM »
I think Baba is in trouble
2 Timothy 2:4  No man that warreth entangleth himself with the affairs of this life; that he may please him who hath chosen him to be a soldier.

Offline RV Pundit

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Re: Aukot rescues Kenia from a certain ‘Constitutional Crisis’
« Reply #46 on: October 11, 2017, 09:55:00 AM »
Yeap - which is funny - because he supported Aukot - inclusion. He declares all those who been nominated - can be included.
I think Baba is in trouble

Offline vooke

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Re: Aukot rescues Kenia from a certain ‘Constitutional Crisis’
« Reply #47 on: October 11, 2017, 09:57:49 AM »
Aukot Ndani ndaani ndaaaaani kabisa

2 Timothy 2:4  No man that warreth entangleth himself with the affairs of this life; that he may please him who hath chosen him to be a soldier.

Offline RV Pundit

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Re: Aukot rescues Kenia from a certain ‘Constitutional Crisis’
« Reply #48 on: October 11, 2017, 10:00:37 AM »
NASA supported Aukot. I think they should be thrilled. The law like an saw is now cutting both ways.

Offline vooke

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Re: Aukot rescues Kenia from a certain ‘Constitutional Crisis’
« Reply #49 on: October 11, 2017, 10:01:09 AM »
Yeap - which is funny - because he supported Aukot - inclusion. He declares all those who been nominated - can be included.
I think Baba is in trouble

The gamble won’t pay off.
If one paragraph of the obiter is not binding,so does the other.

I think withdrawal regulations are solid

Trust NASWA to rush to court of appeal :lolz: :lolz: :lolz:
2 Timothy 2:4  No man that warreth entangleth himself with the affairs of this life; that he may please him who hath chosen him to be a soldier.

Offline RV Pundit

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Re: Aukot rescues Kenia from a certain ‘Constitutional Crisis’
« Reply #50 on: October 11, 2017, 10:02:21 AM »
Appeal what - Raila SUPPORTED AUKOT inclusion and termed the orbiter dicta wrong. Yesterday he went and fished the same obiter dicta - and tried to use to get more time - to figure out a nusu mkate panya route.
The gamble won’t pay off.
If one paragraph of the obiter is not binding,so does the other.

I think withdrawal regulations are solid

Trust NASWA to rush to court of appeal :lolz: :lolz: :lolz:

Offline vooke

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Re: Aukot rescues Kenia from a certain ‘Constitutional Crisis’
« Reply #51 on: October 11, 2017, 10:07:58 AM »
Appeal what - Raila SUPPORTED AUKOT inclusion and termed the orbiter dicta wrong. Yesterday he went and fished the same obiter dicta - and tried to use to get more time - to figure out a nusu mkate panya route.
The gamble won’t pay off.
If one paragraph of the obiter is not binding,so does the other.

I think withdrawal regulations are solid

Trust NASWA to rush to court of appeal :lolz: :lolz: :lolz:

They will appeal Mativo’s finding that the Obiter is no binding and whether it was really an obiter or ratio. I damn well know they are highly unlikely to miss
2 Timothy 2:4  No man that warreth entangleth himself with the affairs of this life; that he may please him who hath chosen him to be a soldier.

Offline vooke

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Re: Aukot rescues Kenia from a certain ‘Constitutional Crisis’
« Reply #52 on: October 11, 2017, 10:09:32 AM »
Mativo


Corrigendum pap!
2 Timothy 2:4  No man that warreth entangleth himself with the affairs of this life; that he may please him who hath chosen him to be a soldier.

Offline RV Pundit

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Re: Aukot rescues Kenia from a certain ‘Constitutional Crisis’
« Reply #53 on: October 11, 2017, 10:10:27 AM »
Of course. You're not good with sarcasm. They will be busy in all courts looking for panya route because mashinani voters are tired with their nonsense.

Mativo - concludes that even if obiter dicta is taken at it highest - Aukot was enjoined to the petition, supported the petition and explained the circumstance for conceding defeat first before later realizing it was not free and fair - so there is no justification for denying him the right to contest.

Raila may have to ask the turkana boy to appeal his own judgement or also withdraw :)

They will appeal Mativo’s finding that the Obiter is no binding and whether it was really an obiter or ratio. I damn well know they are highly unlikely to miss

Offline vooke

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Re: Aukot rescues Kenia from a certain ‘Constitutional Crisis’
« Reply #54 on: October 11, 2017, 10:41:47 AM »
How so?
By his petition.

There really is no any sane logic behind denying candidates a shot at ‘fresh elections’ just because they never filed a petition or they conceded.

So the High Court is likely to direct IEBC to include Aukot which makes three candidates. With that, it don’t matter if the Amendments sail through or are thrown out by the courts, Baba’s magical card of ‘abandoning’ will be no more so we will have elections on 26th contrary to NASWA (Magaya) fantasies.



PS
Can’t wait for ‘Aukot is a Jubilidiot mole’ conspiracy theories

Haya

Bring on the theories
2 Timothy 2:4  No man that warreth entangleth himself with the affairs of this life; that he may please him who hath chosen him to be a soldier.

Offline bryan275

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Re: Aukot rescues Kenia from a certain ‘Constitutional Crisis’
« Reply #55 on: October 11, 2017, 10:44:05 AM »
The plot thickens.  I foresee Aokot abandoning this JEBC charade.  Says he has a set of concerns that he will be pursuing.

Uhuru Kenyata needs to pack his sh*t and leave our statehouse.


Offline RV Pundit

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Re: Aukot rescues Kenia from a certain ‘Constitutional Crisis’
« Reply #56 on: October 11, 2017, 10:46:37 AM »
That will saves us some money. In any case an election btw Uhuru and Aukot is monumental waste of money and time. Uhuru should be declare PORK today. The obiter dicta relied on by Raila is as useful as an used toilet paper.
The plot thickens.  I foresee Aokot abandoning this JEBC charade.  Says he has a set of concerns that he will be pursuing.

Uhuru Kenyata needs to pack his sh*t and leave our statehouse.



Offline vooke

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Re: Aukot rescues Kenia from a certain ‘Constitutional Crisis’
« Reply #57 on: October 12, 2017, 03:51:39 PM »
The judgement
<a href="http://kenyalaw.org/caselaw/cases/export/141808/pdf" target="_blank">http://kenyalaw.org/caselaw/cases/export/141808/pdf</a>
2 Timothy 2:4  No man that warreth entangleth himself with the affairs of this life; that he may please him who hath chosen him to be a soldier.

Offline vooke

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Re: Aukot rescues Kenia from a certain ‘Constitutional Crisis’
« Reply #58 on: October 15, 2017, 07:36:14 AM »

PS
Can’t wait for ‘Aukot is a Jubilidiot mole’ conspiracy theories

Right on cue

There are articles about Aukot :lolz:
MONSTER EKURU AUKOT..!

During preparations for August 8th polls,at least a good number of Kenyans especially opposition brigade developed interest in Thirdway Alliance Presidential Candidate Ekuru Aukot over his consistency in raising alarms and unearthing irregularities that were converging,breeding and bulging out to favour election rigging.Personally i deed.He had same ideologies,to battle Election fraud,better leadership and most obviously get Jubilee administration out of throne.

Within the shortest time in history he has been on the lime light,perhaps he has been the second most candidate to hold Press briefings but with public interest until when he last held one to confirm his participation in a predetermined Election outcome like a Cinderella because of 'David-Goliath' fallacy.All along he has pretended to be walking along with fighters battling IEBC-Jubilee electoral fraud scheme until he won his first case in High Court to be included in Ballot.From his new version of narrative,

1.he doesn't mind Raila Odinga's withdrawal from Oct 26th race which is right and just as they are all in competition,

2.he should be the only candidate to be included and gazetted after High Court ruling.Other 5 candidates should not be included,to mean only Raila Odinga+Uhuru Kenyatta+Him should be in the ballot even after IEBC resolved to include other candidates for fairness and equality.How selfish!

3.elections must be held on Oct 26th as scheduled with or without reforms in the Electoral body IEBC because 'an individual should not determine destiny of Kenya'.Here is where he surpassed the threshold,camouflaged to his true colours of biasness.

°We are electing individuals,he is an individual eying to be given a chance to improve Social,Economic and Political life of Kenyans as a President if all goes well.

°It's potential individuals who we collectively believe can lead us to the promised land of Wine and Honey.

°It's them,the individuals who we rise up early to vote for through the ballot.

If he could be playing some chess,the better.

By:

JohnBosco Juma--Concerned Kenyan Citizen
2 Timothy 2:4  No man that warreth entangleth himself with the affairs of this life; that he may please him who hath chosen him to be a soldier.

Offline bryan275

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Re: Aukot rescues Kenia from a certain ‘Constitutional Crisis’
« Reply #59 on: October 15, 2017, 02:31:59 PM »
The plot thickens.  I foresee Aokot abandoning this JEBC charade.  Says he has a set of concerns that he will be pursuing.

Uhuru Kenyata needs to pack his sh*t and leave our statehouse.



Damn, chap pulled some serious gymnastics..