By Donald Kipkorir
Supreme Court Declared Presidential Results Void: Legal Meaning
The Supreme Court under Chief Justice David Maraga declared the August 8 Presidential Elections Void ab Initio. The Elections to be held on October 26 are Fresh Elections. They are not Re-run or repeat.
In law, “Void ab Initio” means what is cancelled is made zero, nugatory, naught, nihil, non-existent, lacking in validity.
In commercial contracts, when the Court or Arbitration declares a contract void, it means there is no contract. In Family Court, when marriage is declared void it means there was no marriage. In Land Division Court, when a Title Deed is declared void, all rights under it disappear.
When CJ Maraga in majority decision said the August 8 Presidential Elections are void, there are no results then. No one can speak of any figures. No candidate got any number of votes. The results were voided. You cannot claim to own a title Deed that has been cancelled. You can’t claim to have a contract that has been voided.
At all times, we must have fidelity to the law. If we can’t respect the legal meaning of Void in Elections, how will we respect decisions of Commercial, Family & Property Courts. How will we make Nairobi a Financial Centre? People must have confidence that decisions of our Courts mean what they say.
The saddest part is when Senior Lawyers mislead and misadvise their clients on meaning of VOID. Tragedy is that the whole public is likewise misled. When results or certificates or degrees or Title Deeds are voided in law, you have nothing. It is ZERO.
Anonymous says
If jubilee has the numbers, they’d not be running around in search of votes, telling make believe lies, propaganda, insults and getting worried that NASA is calm and not campaigning.
What’s impossible about using the same laws to hold fresh elections? Why the amendments in law and strong armtwisting misuse of the police to wreak havoc on the very voters?
Moses Kuria says
Na bado tutaiba. Mtado? Kubaffu
Anonymous says
S siku za mwizi ni arubaini? Na nyumba ya mwizi ni jela?
KENYAN ELCHAPO says
WE WILL DIVIDE UP KENYA INTO TWO..THE KALENJIKAS ANS OKUYU CAN CONTINUE TO SLEEP AROUND WITH DONKEYS..
noma says
thanks wakili for making it clear.
Lucas Mackasmiel says
The “tyranny of numbers” is catching up with us in power!! They want us to go Museveni and Kagame way. TYRANT is sickness. The basic question is: Are ALL Ugandans happy with what Museveni has and continues to do!!!!??? I know Kagame has brought some stability to Rwanda but what are the basic structures for handing over power to the next president should he die suddenly or leave office!!?? Is Rwanda gonna go back to genocide!!! Look at Tanzania, they have made it easy for presidents to be elected and power handed over without WAR. Free, transparent and fair elections are PILLARS of democracy, political maturity, and part of a PROGRESSIVE country. Look at the western world. If this fool wants to take Kenya to the dark days of Moi then LET US DIVIDE the country PEACEFULLY and see how long they will do it on their side!!!! DICTATORSHIP is the DEVIL’s WORKSHOP.
Samsom Bekenyi says
http://www.nation.co.ke/image/view/-/2582268/highRes/917130/-/maxw/600/-/15eh0cwz/-/DNKobia0909b.jpg
Anonymous says
He has the number it’s not a secret
rizo says
stupid Moses Kuria n that Zombi called anonimous
Anonymous says
The real numbers are in those boxes, and according to chebukati 8.4 belonged to uhuru,the only thing good maraga said was that one form or the other was not in order. Good uhuru is sorting that in the National assembly.Thats where uhuru is coming from by saying he won.
mossad says
moses kuria,my free advise to you is go back to class for history lessons more so on French history if at all you made it beyond class eight,however you argument portrays a tribalist whose culture is stealing
Anonymous says
Moses kiruka is one fool Kenya shouldn’t be having
Mkisii Mzalendo Asili says
Mr Kipkorir,English is not Jubilee’s first language,they don’t think in English but many other ethnic languages. The facts are then lost in the translations. Thanks for clearing the meaning of void for millions.
John waswa says
we shall not allow them to take us to the old days. Kenyans should rise up against this dictatorship
Kipyegon says
The numbers were real, raila has zero chance of leading this country. He is now trying mass action but trust me it won’t work. Even if maraga says it be repeated a thousand times, Uhuru will win again and again…. Numbers are still the ones. No much change will occur to those numbers
Anonymous says
let me say this for free…did you know that uhuru lost in several poling stations proximal to barracks where the soldiers voted. That should be a big statement.
laikipia air base
moi airbase
langata
kahawa garrison
egineers thika
and embakasi
Let even the police who kill our brothers just know that its a matter of time and opportunity where blood will count for blood, a trigger for a trigger that day redemption shall come, respect will be a reality…..By the way Y should I go to fight in Somalia while someone who cant deal with pickpockets and bandits to the least aim at my younger brother who is a student.
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