[wanabidii] Re: [NewVisionKenya] Supreme Typing Error; or is it?

OTO,
You accuse the justices of the Supreme Court of being
"careless" for this kind of stuff?! That is the kind of aberration
that only laymen, like you, can be allowed to wallow in!
It is a hallowed dictum of legal practice that you must ALWAYS
construe a court decision in a manner that does not lead to absurdity!
Read the judgement from paragraph 286 at page 103! The justices of the
Supreme Court have clearly said that they are giving "direction"
requested by the "AG as amicus curiae, as to the meaning to be accoded
to fresh elections refered to in various Articles of the
Constitution"!
The reference to death of a President-elect and resultant need
for "fresh elections" is only found in Article 139 of the Constitution
2010! To avoid absurdity, you must therefore understand Their
Lordships of The Supreme Court to have intended to be and to have been
refering to Article 139 (1)b or, at the very worst, (3)b of The
Constitution of Kenya 2010!
Finally, this is what the legal profession knows, and
understands, as "an error apparent on the face of the record", which
can be corrected easily by the court without any dilapidating
consequence on the outcome itself!!! Do you think i owe you any thanks
for expressing such uninformed, if misinformed, prejudice towards the
Honourable Justices of The Supreme Court???!!!
Nyamodi Ochieng-Nyamogo.

On 4/17/13, odhiambo okecth <komarockswatch@yahoo.com> wrote:
>
>
> Dear Friends,
>
> At Page 106 of the Supreme Court Ruling, this is what they say;
>
>  '[290] Suppose, however, that the candidates, or a candidate who took part
> in
> the original election, dies or abandons the electoral quest before the
> scheduled
> date: then the provisions of Article 138(1) (b) would become applicable,
> with
> fresh nominations ensuing.'
>
> Now this is the Law;
>
> Procedure at presidential elections;
> 138 (1)- If any one candidate for President is nominated, that candidate
> shall be declared elected.
> (2) if two or more candidates for President are nominated, an election shall
> be held in each constituency,
>
> Now, that is the Law. Where is 138(1)(b)? Or is it a Supreme Typing Error?
>
> Could they be making
> reference to Article 138(8)(b)? This kind of error is very consistent with
> the careless way in which the Petition was dismissed.
>
> Oto

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