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Obiter Dictum: Justice Mativo Has Just F*cked Nasa

#1
I'm not a a lawyer but I'm now finding myself understanding many terms.
I first heard the term Obiter Dictum on Citizen last night. It means, "A judge's incidental expression of opinion, not essential to the decision and not establishing precedent."

What Justice Mativo has done today by allowing Ekuru to be on the ballot, is essentially to rule that everything Mutunga said in 2013, outside the parameters of the petition, is an obiter.
Meaning it cannot be treated as a precedent.

The bad news for Nasa is that the clause they used to withdraw, the one that says if a candidate abandons the election is cancelled, has now been determined to be an obiter.

If this goes to the Supreme Court, the judges will follow the constitution not Mutunga's opinion. The issue of a candidate abandoning is now out of the window.

As I said, I'm not a lawyer, but if I were, I would have advised Raila yesterday to wait for today's ruling.

Update:
Since Orengo is not completely stupid, it might be possible that Raila had not finished the withdrawal process by signing the required form.
 
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#6
And now since the constitution is what will be followed, Raila could only have withdrawn within 3 days of nomination.
Meaning the election will take place.
 
#7
<blockquote class="twitter-tweet"><p lang="en" dir="ltr">Raila DID NOT WITHDRAW. It was a SICK JOKE. He did not SIGN form 24A. Had to WAIT for AUKOT ruling before signing 24A. Raila is in the RACE!</p>&mdash; Mutahi Ngunyi (@MutahiNgunyi) <a href="">October 11, 2017</a></blockquote> <script async src="//platform.twitter.com/widgets.js" charset="utf-8"></script>
 
#9
My advise to IEBC.
These people will try to play last minute games to make it logistically impossible to have an election.
Go ahead and print the same exact ballot paper we had on 8/8. Nobody can withdraw after 3 days.

But I guess you can drop Jirongo's name since he has been declared bankrupt.
 

conteh

Village Elder
#11
print all the names of the Presidential candidates on the ballot paper....26th bado the election is still ON!!!! RAO didn't sign form 24A and as is usual - his flip flopping, he will say that cz it was an oversight signing form 24A, he is still in the race.
 
#13
The only way there will be no election on October 26th is if Uhuru is declared elected unopposed.
it wont happen. The thing you is you have been in denial since 8th. ati ohh, election cannot be annuled, ooh baba cannot withdraw. Whhat you need to understand is whether they declare uhuru unapposed, things will never be the same, ever. endelea kuweka kichwa kwa mchanga
 
#14
it wont happen. The thing you is you have been in denial since 8th. ati ohh, election cannot be annuled, ooh baba cannot withdraw. Whhat you need to understand is whether they declare uhuru unapposed, things will never be the same, ever. endelea kuweka kichwa kwa mchanga
There is no difference between you and the woman displaying her chupi on the street. If you have a law you can refer to make your conclusion, be my guest.
But I'll not engage in the guestimates of an Odinga cult member.
 

kwido

Village Elder
#15
it wont happen. The thing you is you have been in denial since 8th. ati ohh, election cannot be annuled, ooh baba cannot withdraw. Whhat you need to understand is whether they declare uhuru unapposed, things will never be the same, ever. endelea kuweka kichwa kwa mchanga
so u r very happy about the current circus? because things 'will never be the same'?
 
#16
so u r very happy about the current circus? because things 'will never be the same'?
Am not happy, just observing events as they unfold and using my brains to come to conclusions. there is something called realpolitik. and as for things, yes, elections will never again and we accept and move on. That is what I meant. It is going to be very expensive to imagine stealing elections in future. You should infact be celebrating because it is your generation that will benefit
 
#17
There is no difference between you and the woman displaying her chupi on the street. If you have a law you can refer to make your conclusion, be my guest.
But I'll not engage in the guestimates of an Odinga cult member.
So uthamaki cult member niambie. I also dont have time to engage with you. But since you posted here, expect a response from uthamaki and odinga cult members. Ama namna gani?
 

master.

Senior Villager
#18
it wont happen. The thing you is you have been in denial since 8th. ati ohh, election cannot be annuled, ooh baba cannot withdraw. Whhat you need to understand is whether they declare uhuru unapposed, things will never be the same, ever. endelea kuweka kichwa kwa mchanga
just secede,hio ndio the only thing you can do
 

kimiti

Village Elder
#20
In my opinion, Aukot is Raila's saving grace. He will withdraw within three days and that may present a whole challenge for the IEBC
 

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