Null and void. :having no force, binding power, or validity (Merriam Webster)
This is a rant inspired by bar talk and is induced by frothy drinks and emotions. This is a (legal) lay man opinion of a RWNEEBP diehard!
Maraga declared the August 8th presidential elections to be Null and void.
Technicalities, and not the will of the people, were the basis of the nullification.
Nasa has declared there will be no elections.
Are they looking to use more technicalities to nullify or prevent the forthcoming elections via the same [SIZE=3](dare I say Nasa-friendly)[/SIZE] courts?
Following the 8th august election, nasa declared there will not go to court. However, they did lodge their petition at the 11th hour (more like the 12th hour).
As team RWNEEBP we were overconfident that they had no case and even dared them to go to court. We all expected that the will of the people, as indicated by the votes and forms 34As and Bs would be the most important determinants of the conclusion of the case. But we all know how that went.
Nasa has declared there will be no election coming 17th (or 26th, whichever date will be).
What is it they have under the sleeve to stop an election? We all know that they cannot stop people from queueing or voting as they don’t have the numbers for that kind of confrontation.
Could it be they are looking to use the courts again, and to milk the favor of a rogue judge hellbent on frustrating the will of the people based on technicalities? Could they be they are waiting for the last minute to lodge court cases that might stop the election?
Maraga stated that the presidential election election was null and void. From the definition, it means that the previous presidential election (process) did not happen, it has no value! Hence, it is a completely new general election specifically for the presidency.
According to Section 13(1) of the Elections Act;
A political party shall nominate its candidates for an election under this Act
at least forty-five days before a general election under this Act in accordance with
its constitution and nomination rules.
Further, section 13(3);
Notwithstanding subsection (1), in the case of any other election, the
Commission shall by notice in the prescribed form, specify the day or days upon
which political parties shall nominate candidates to contest in a presidential,
parliamentary or county election in accordance with its constitution or rules, which
shall be at least forty-five days before such election.
Now, on 5th september a special gazette notice Vol. CXIX—No. 130, the IEBC stated that;
(a)Following the judgment by the Supreme Court delivered on 1st September, 2017 nullifying the election of the President of the Republic of
Kenya held on 8th August, 2017, a fresh election of the President of the Republic of Kenya shall be held on 17th October, 2017
(b)There shall be no nominations for candidates participating in the fresh presidential election
(Ekuro has a case based on this issue)
Article 140(3) of the constitution states;
(3) If the Supreme Court determines the election of the President elect to be invalid, a fresh election shall be held within sixty days after the determination.
But, what is a fresh election?
Is it a run-off, a re-run?
I think neither.
A fresh election is the election that is started from the scratch as if elections were not held in the first place (see definition of Null and void). In this definition, the candidates who want to participate must freshly be nominated by their political parties or freshly nominate themselves as independent candidates, present their nomination documents to IEBC, and get approval from IEBC to run for the office of the President. ( http://chetenet.com/2017/09/02/fresh-election-or-a-rerun-election/ )
It is important to remember that between 5th September and 17th october is about 39 days, which is less than the stipulated 45 days of nominations (Section 13(3) of the Elections Act).
So, why did Chebukati prevent other potential candidates of the presidential election from participating? while the law is clear that the previous election is null and void?
Why did he take the prerogative to declare only Uhuru and Raila as the presidential candidates while this is a new election? (Gazette notice Vol. CXIX—No. 130)
My layman argument is that if NASA got away with the issue of a few technicalities relating to the transmission of results and the conditions of the forms 34As and Bs (and not the actual votes cast), then these issues could potentially be used to prevent the forthcoming election.
----Perhaps that is why Raila is not campaigning and is confident saying that there will be no election.
----Perhaps that is why he is happing on Chiloba and others must go, not because that is the objective but because he wants us to concentrate on the non-important issues (of course he surely knows IEBC cannot go and be replaced within 60 days).
He wants to buy enough time to ensure that there is a legal crisis caused by;
— There has not been the nomination of presidential candidates (perhaps I want to contest, but IEBC effectively locked me out via Gazette notice Vol. CXIX—No. 130)
— The potential timeline for nomination of candidates has already lapsed (its far less than 45 days to election whether 17th or 26th October) max date for election is end of Oct…
— The due process for a general election has not been followed
Will jubilee be played again using the constitution, election laws, and the nitty gritties of the definition of fresh elections & null and void and see themselves lose again to Babuon?
Maybe i’m over/under thinking but its still an opinion.
Correct me where i’m wrong [SIZE=3](preferably without insults)[/SIZE]