Kenya Today

Kenya News, analysis & in-depth reports

What media did not report: Chief Justice Maraga ruling that made Wajir governor wet pants live live

48 Comments

Here below is the ruling that Chief Justice David Kenani Maraga delivered that could sent Wajir governor packing although he was saved by Njoki Ndungu and Jackton Ojwang
Election Law

Pre-Election Disputes that Question one’s Qualification or Eligibility to Vie in an Election Challenge the Integrity and or Validity of the Election and therefore go to the Root of the Election and can be Entertained by the Election Courts

“[141] In my view, a contextual interpretation of Article 88(4)(e) divides into two categories the pre-election nomination disputes therein referred to. The first category comprises of the disputes which are founded under the general rubric of the constitutional qualification or eligibility criteria to contest in an election as set out in Article 99 for Member of Parliament; Article 137 for President; and Article 193 for member of the County Assembly.

[142] The second category includes intra-party nomination disputes contemplated by Section 31 of the Elections Act such as whether or not one was properly selected under the “rules of the political party concerned relating to members of that party who wish to contest” in a given election which the PPDT may or may not have resolved under Section 41 of the Political Parties Act; and disputes under Section 34 of the Elections Act as to whether one’s name should or should not be on a political party list. This category of disputes are not founded on any constitutional criteria and do not therefore go to the root of an election. In my view, IEBC has exclusive jurisdiction to determine this category of disputes. It should therefore determine them with finality subject to any appeals in accordance with the procedure set out in the Elections Act and the election courts should not entertain them.

[143] In my humble view, however, an exception has to be made with regard to the first category of disputes which are founded on the constitutional qualification or eligibility criteria for several reasons.

[144] First, as I have already found, the issue of one’s academic qualification to contest a gubernatorial seat is a requirement expressly stated in Section 22(1)(b)(ii) of the Elections Act but anchored in the Constitution. Article 180(2) of the Constitution provides that “[t]o be eligible for election as a County Governor, a person must be eligible for election as a member of the county assembly” (MCA). As regards the eligibility for election as an MCA, Article 193(1)(b) of the Constitution provides that an aspiring candidate must satisfy, inter alia, “any educational, moral and ethical requirements prescribed by… [the] constitution or an Act of Parliament….” That is why, in my view, at paragraph 231 of its Judgment in John Harun Mwau & 2 Others v. IEBC & 2 Others, Consolidated Petitions No. 2 & 4 of 2017; [2017] eKLR, this Court observed that the nomination process is deeply rooted in the Constitution.

[145] Pursuant to this provision, Parliament enacted the Elections Act, Section 22(1)(b)(ii) of which prescribes a university degree as the prerequisite minimum academic qualification for one to contest as an MCA. It reads:

“a person may be nominated as a candidate for an election under this Act only if that person …holds, in the case of a Member of Parliament … or … member of county assembly, a degree from a university recognized in Kenya.”

[146] Any disputes that questions one’s qualification or eligibility to vie in an election is invariably a challenge of the integrity or validity of that election. Needless to say that such dispute goes to the root of an election. As such, even though Article 88(4)(e) vests IEBC with jurisdiction to handle this category of disputes, a purposive reading of other provisions of the Constitution would show that the election courts are also vested with jurisdiction to entertain them.”

DISSENTING OPINION of Justice D.K. Maraga, CJ & P of the Supreme Court of Kenya in HON. MOHAMED ABDI MAHAMUD vs. AHMED ABDULLAHI MOHAMAD & 3 OTHERS (Petition No. 7 of 2018).

Comments

  28. I’m really impressed with your writing skills and also with the layout on your blog. Is this a paid theme or did you customize it yourself? Anyway keep up the excellent quality writing, it is rare to see a nice blog like this one today.

    Reply

  31. I feel this is one of the most vital information for me.
    And i am glad studying your article. But should commentary on some
    general things, The website taste is wonderful,
    the articles is in reality excellent : D. Excellent process, cheers

    Reply

  38. I will immediately grab your rss as I can not to find
    your email subscription hyperlink or newsletter
    service. Do you’ve any? Please permit me recognize in order that I
    could subscribe. Thanks.

    Reply

  43. If you’re into jackpot games, the online bitcoin casino industry is scarce when it comes to these big, instant wins unfortunately. CryptoWild is one of the few places where you can actually win big from a jackpot that simply lands on top of your head. If you’re lucky enough, you can go home with your pockets filled with cryptocoins. There’s a VIP club available from which you can also win up to 10% cashback. The entire platform has over 1000 games that you can play at your leisure. Regardless if you’re into jackpot games or not, CryptoWild is a great platform for you to try and enjoy. Bet on games of Blackjack and Roulette in this blockchain-powered virtual casino coming soon to major VR & AR devices. Previously bitcoin casinos were only supported by a handful of casino software providers. Bitcoin casinos had previously come up with proprietary softwares to support this feature. But with time crypto Currencies gained popularity and now a prominent part of the iGaming industry utilises it due to the benefits it brings. Thus, as Safesite writes, Bitstarz Bitcoin Casino accepts both Bitcoins and other currencies which is gaining popularity in the common crowd. https://cetud-observatoire.sn/community/profile/majorhumphreys5 Another key feature we scan for is the compatibility of mobile casinos. This can include a downloadable app or a mobile-optimised website that allows for gameplay within a device’s browser. The best online casino real money sites will always have one, if not both, and it should be compatible with all Apple and Android devices. These days, you’ll find that many real money casino games online are developed with a mobile-first attitude, making them comfortable for handheld real money gaming. To learn more about the top mobile casinos, check out our mobile casino guide. While casino professionals are only interested in reaping real casino rewards, beginners find it useful to play a few tentative rounds to learn the game features and develop an effective strategy. Luckily, about half the casinos – including the ones on this webpage – enable the free-play mode for unregistered users so that you can instantly try the game you like and decide if you’re ready to play it for real money.

    Reply

  44. Днес казино Kolikkopelit може да предложи следните видове награди за своите играчи: Free Spins Bonus. При някои предложения за техника и технология на заваряване без депозит ще откриете и бонус код, сте се запознали с видовете бонуси без депозит за г, колкото се може повече и бонуси. Много от вас вероятно знаят, че 1xBet е букмейкърът с най-ниския минимален депозит на българския пазар – едва 1,50 BGN може да депозира всеки българин в този сайт, докато при повечето други сайтове за залози сумите започват от 10 BGN. Рекордно малки са минималните размери и на сумите за изтегляне – само 3 BGN. https://cesarqqjc210987.getblogs.net/44454190/най-добрите-Бакара-без-депозит Когато посетихме сайта на Betway, първото нещо, което ни направи впечатление беше изчистения дизайн и лесната навигация. Почитателите на хазарта могат да се възползват от разнообразни ротативки, игри на маса, шоу игри, казино игри на живо, които може да играете докато сте се настанили удобно у дома си. Може да правите залози на много и разнообразни спортове, включително и e-Sports. Ранг на казиното: 98/100 Казиното на живо винаги е онази секция, която предизвиква най-специален интерес от страна на потребителите. Това не е случайно, защото чувството да играеш в реално време, с истинско крупие и други играчи е наистина специално. Това е и най-добрият начин да се доближим максимално до усещането на автентичното наземно казино.

    Reply

  45. Online casinos offer a wide range of different payment gateways but they aren’t all treated equally. Some Canada casinos exclude deposits via Neteller or Skrill from all deposit related bonuses – this includes the welcome bonus. Therefore, think about which method you want to use before joining, and make sure that you can get the bonuses if you want them. Click the AdBlock Plus button on your browser and select Enabled on this site. Wagering requirements can be a bit frustrating, but most online casinos attach them to their offers. However, if you really want to dodge the wagering requirements, you can check out PlayOjo, a casino site where all the online casino bonuses come with zero wagering requirements. A $1 deposit bonus is available for most games. Your payments can be matched or more money can be given to a player using a low deposit. A no deposit bonus differs from a 1 dollar bonus because the offer for registering will most likely be free spins. This limits gameplay and choices for players. 1 dollar games bring more variety to your online gambling experience. But, if you’re new, or just looking to test out a specific gambling feature then choosing such a website is a useful way to have some fun with the selection they have on offer.
    https://www.flatcure.com/community/profile/leonormcleay52/
    How did roulette come into being; that is, roulette the game as we now know it with grooves and pockets and numbers and colors and a layout for bets? Seems someone of unknown origin (or maybe good old Blaise himself) decided to dig small pockets in a wheel that could accommodate a marble or small ball that would then indicate which number, color or proposition would win. Roulette Hire has been around since the 17th century! As the game has developed the odds for the “house” have changed so there is a Zero on the wheel. This stops people from betting on Red and Black and Odd and Even at the same time, yes you will mostly break even. But when the Zero lands you will lose all your money! In America they play with a zero but also a double zero, so if you ever make it over to Vegas look to see if you can play on a single zero table. It’ll give you better odds at winning.

    Reply

  46. You can be sure all the shortlisted casinos here also offer a full and diverse games lobby. We’ve recommended the best online casinos around that offer the top online gaming experience for gamblers of all types. Take a look at our top 5 list where you can play online slots, card games like blackjack and poker, as well as roulette, baccarat, craps, and many other casino games for real money. Each game is unique to the sweepstakes casino. If you’re familiar with live slots, you’ll quickly spot that their themes and gameplay have been “borrowed” from popular live slot titles. Despite reports to the contrary on other websites, there are 15 online casinos in Michigan, not 14. The list of top ranked Michigan online casinos include: BetMGM Michigan Casino, Caesars Michigan Casino, PointsBet Michigan Casino, FanDuel Michigan Casino, WynnBET Michigan Casino, Pokerstars Michigan Casino, DraftKings Michigan Casino, BetRivers Michigan Casino and Golden Nugget Michigan Casino.
    https://archertlsg555554.blogaritma.com/19438785/play-online-slots-no-deposit
    3 Card Poker is a popular game across Michigan and can be enjoyed at a large number of live casinos around the state. This game is also popular online, with a range of different casino sites featuring the game. One popular version is ‘Three Card Poker’ from SG Digital. The player must make an Ante bet which is played against the dealer. The player may also place an optional Pair Plus Bonus bet and a 6 Card Bonus bet that allows players to compete against a payout table with exciting odds of up to 100 to 1. To see ante/bonus payout odds, and for more details on how to play the game, please visit our Live Three Card Poker Rules page. Aside from these there are plenty of others. If you have any difficulty finding the game listed at any online casino you’re visiting, it’s worth remembering it may be known under different names. Different casinos operate on different platforms ( the casino software that runs the games). 3 card poker may also be known as Tri Card Poker or Trey Card Poker on different software platforms.

    Reply

  47. Pai gow poker games that run perfectly on any device is a must. Desktop, tablet and mobile players need to be able to play the same pai gow poker game with no problems, regardless of the device they’re using.We strive for excellent device optimization so you can play pai gow poker wherever and whenever. Great Seafood Buffett on Friday and Saturday night. Crab Legs, Peel Shrimp, Roast Beef, Fish, Salad. Make your reservation early because you keep your table all night, so when all the tables are reserved, they take no moreover reservations. TV at each table. Watch college football game and ate crab legs. All winning bets are paid even money. Face Up Pai Gow Poker is a commission-free game. When you beat the dealer, you don’t pay a 5% commission.
    https://easyangle.kr/bbs/board.php?bo_table=free&wr_id=111
    The 20-line, 5-reel slot game’s title says it all as it has invited a wealth of players to join the real-life millionaires’ club rewarding a number of major, six-figure payouts over the years. This fruit-themed slot game is a throwback to the glory days of classic slot games, and we were thrilled to see one on a modern slots site. We’re looking at 10 pay lines in a five-reel combo with a 96.47% RTP. Land three golden 7s and enjoy progressive jackpot winnings up to 200x. There are slot machines that require you to make decisions, but none that will change the long-term odds of the game. The RTP is not the amount of money you will receive when you bet on real money slots and it does not indicate whether you are less likely to win a bonus round or not. For example, if the RTP of a slot is 94%, you can expect a refund of 94 PLN for every 100 PLN you spend on the game. Many players try to get their winnings on penny slots, the cheapest slot machines in online gambling.

    Reply

  48. Οι “παραδοσιακοί” παίκτες, έχουν συνδέσει τη διασκέδασή τους με την επίσκεψή τους σε ένα επίγεια καζίνο. Τα τελευταία χρόνια, ωστόσο, τα διαδικτυακά live καζίνο κερδίζουν συνεχώς περισσότερους φίλους και οι λόγοι για αυτό είναι αρκετοί. Θεωρούμε ότι αυτό ήταν το top 5 από τα καλύτερα online καζίνο στην Ελλάδα, ωστόσο έχουμε και 5 ακόμη εξαιρετικές επιλογές που μπορείς να δοκιμάσεις. Έτσι, εάν για οποιονδήποτε λόγο τα πέντε αυτά καζίνο δεν κάλυψαν τις ανάγκες σου, μπορείς να ρίξεις μια ματιά και στα κάτωθι:
    https://kameronmdqd119876.blogpayz.com/21349129/σκοπια-καζινο
    «Καλησπέρα στους ακροατές, σωστά Πάνο. Θα μιλήσουμε για τα μυστικά του πόκερ και σε τι πρέπει να είμαστε επιφυλακτικοί όσον αφορά το flop, τα πρώτα τρία φύλλα που μιλήσαμε στο πρώτο podcast και τα ranges.» Διάβασε όλα τα τελευταία νέα της αθλητικής επικαιρότητας. Μάθε για όλους τους live αγώνες σήμερα και δες τις αθλητικές μεταδόσεις της ημέρας και της εβδομάδας μέσα από το υπερπλήρες Πρόγραμμα TV του Gazzetta. Παρά το γεγονός ότι τα Μέσα τον είχαν μόλις ανακαλύψει, εκείνος είχε τερματίσει πριν από δύο μήνες πέμπτος σε ένα τουρνουά στη Μάλτα βγάζοντας άλλα 200.000 ευρώ και λίγο πρωτύτερα είχε νικήσει σε αντίστοιχο event στο Λονδίνο (Νοέμβριος του 2004) ξυπνώντας κατά 150.000 ευρώ πλουσιότερος.

    Reply

Leave a Reply

Your email address will not be published. Required fields are marked *

four × four =

Disclaimer

Privacy and cookies