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VIDEO: Raila did not withdraw from Oct 26th Presidential election – Supreme Court

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The Supreme Court on Monday ruled that Nasa candidate Raila Odinga did not formally withdraw from the election but only declared his intention to do so.

The judges said Nasa and Mr Odinga did not fill in the requisite forms to officially pull out of the election, nor did they communicate the same to the IEBC as required by the electoral law.

Watch Justice Wanjala here:

And even if Mr Odinga withdrew from the election, the move would not have necessitated a cancellation of the poll, the judges added.

When reading the judgment, Justice Smokin Wanjala said the validity of an election cannot be challenged on the basis of whether the election was held in all the 290 constituencies.

This was in response to the question on whether failure to hold elections in all constituencies would void the poll.

The apex court was explaining why it dismissed two election petitions challenging the October 26 repeat election.

SIX JUDGES

According to the six judges, there were nine issues for consideration from the two consolidated petitions.

One issue was whether the petitioners had the right to challenge the outcome and whether the case was a public interest litigation.

In a decision read by Justice Isaac Lenaola, the judges ruled that the petitioners had the right to sue.

READ ALSO:   VIDEO: Why many Kenyans who go to study abroad never come back

They said any Kenyan is free to challenge the presidential poll.

The court also ruled that there was no need for fresh nominations for the repeat presidential election after the first poll was voided.

On September 1, the Supreme Court had annulled President Uhuru Kenyatta’s win in the August 8 election.

CANDIDATES

Justice Lenaola also said the inclusion of Mr Cyrus Jirongo in the poll was okay because the Independent Electoral and Boundaries Commission was guided by the law and court decisions.

“We therefore find no fault on the part of the commission to include Mr Jirongo in the repeat poll because they were guided by the court,” he said.

The judges also said the IEBC was guided by a court order in including all the parties in the repeat poll. All the presidential candidates in the August 8 election were included in the ballot in the repeat election.

 

INTIMIDATION

The judges said they were not intimidated by President Uhuru Kenyatta’s statements that were made after they annulled the August 8 election.

The court also dismissed the claim that the Jubilee Women’s Brigade intimidated people by wearing military-style clothes during campaigns.

On claims of irregularities, Justice JB Ojwang said the petitioners made general allegations without proving the claims.

READ ALSO:   VIDEO: I may form a government in exile, says Raila

He said the IEBC cannot be faulted for shifting some polling stations in Kibra and Mombasa because, as they noted, there was violence in some parts of the country that made it impossible to hold the poll in some areas.

All claims of irregularities have been effectively rebutted by the respondents, the judge said.

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Raila visits recuperating Joho, wishes him quick recovery

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ODM party leader Raila Odinga on Saturday visited Mombasa Governor Hassan Joho at his Vipingo residence.

Odinga wished the governor quick recovery following his hospitalization for a week after he was diagnosed with malaria.

Raila Odinga

@RailaOdinga

Visited Governor @HassanAliJoho at his Vipingo residence to wish him quick recovery following his recent hospitalization after a bout of Malaria. It was good seeing him in good spirits.

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Reports of the governor’s admission surfaced after former Nigerian President Olusegun Obasanjo visited him.

Joho later took to social media and expressed his gratitude to Obasanjo.

The former head of state was in the country to attend a conference for African leaders.

“It was heartwarming to receive former Nigerian President H.E Gen. Olusegun Obasanjo who visited me in hospital this morning. Gen. Obasanjo is here to attend the Future Cities of Africa Conference which kicks off this afternoon at @VipingoRidge,” Joho wrote.

The governor was last seen in public in Malindi on October 26, when he accompanied Odinga to the burial of Michael Ngumbao who was shot and killed on October 15, two days to the Ganda Ward by-election.

Mr Ngumbao was the uncle of newly-elected Ganda Ward Representative Reuben Katana.

By NN

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Man hangs self in Homa Bay few months after preparing his grave

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A 50-year-old man who prepared his grave some months ago has committed suicide in Homa Bay County.

Charles Moseti hanged himself at God Okombo Village, Kasewe Location in Rachuonyo East Sub County.

Moseti who hails from the neighbouring Nyamira County was serving as a caretaker at one of the homes in the village.

Witnesses said his body was found dangling on a rope tied to the roof of one of the houses in the home where he worked.

It is not yet clear whether the suicide had anything to do with the grave that he allegedly prepared some times early this year.

Area residents said he had not been engaged in squabbles with anybody.

Rachuonyo East Sub County Police Commander Charles Barasa said the deceased had at one time dug a grave in his home in which he planned to be buried upon death.

“His pastor informed us that he had dug the grave at his home early this year in preparation for his demise,” said Barasa.

However, Barasa said there was nothing linking his death to any external cause.The police boss said Moseti never left any note to explain why he took away his life.

“His death seems to have emanated from personal reasons but we are still investigating to get more information on the incident,” said Barasa.The body was taken to Rachuonyo South Sub County hospital mortuary in Oyugis town.

READ ALSO:   Two Kenyan women aged 26 and 22 arrested after being circumcised to please husbands

BY Standard

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Business

Why ignorance of finer details hurts lazy home buyers

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Who does not want to own a home one day? It is the endeavour of nearly every family. It is a pride, an achievement if I may. Yet we make careless mistakes at the tail of the tedious sweat to the realisation of this dream. Let me first put things into perspective; our construction ecosystem remains stubbornly fractured and dysfunctional. It is highly fragmented and very conservative.

Ingrained practices make it incredibly punitive and unforgiving. Before deciding to buy a house, you must wake up to this realisation.Most home buyers are lazy, careless and easily gullible.

They are, by large, only fixated with house prices and retreat to their ‘paradise’ cocoon once the house price makes sense to them. This attitude has been the icing to spurious developers. Listen, buying a house, especially off-plan, requires vigilance.

a`There are several boxes that must be closely monitored and ticked. Unfortunately, one of the critical boxes that always evades most buyers is the defects liability period. Many have and still painfully paid for this ignorance.

Requirements

Defects liability period, mostly six months, is a period of time following the practical completion during which a contractor remains liable under the building contract for dealing with any defects that become apparent. This period is fixed in a building contract between a developer and client. It can never be altered to suit a buyer.

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Once the period has lapsed, the contractor’s liability to rectify defects on your house lapses. Unknown to most buyers, the defects liability period always begins with the architect’s practical completion certificate to the contractor. It starts even before the occupation certificate is obtained. In fact, the architect’s practical completion certificate is one of the requirements for obtaining a county’s occupational certificate. Yet buyers normally take their sweet time to access their houses, after construction completion, unaware that the contractor defects liability period awaits no one.

Not even the developer.In some instances where final house payments are pegged on occupation certificate, the practical completion certificate, which instigates the defect liability period, can be irregularly and prematurely issued before actual completion of works so that a ‘broke ‘developer start to receives money from buyers.

How? Our long outstanding ethics deficit history as a country. Several times I have come across home buyers who ignorantly insist that the defects liability period be counted from the date they take possession of their house.Ignorance has driven many to complicate even the irreducibly simple. It is impossible to tailor defects liability period to each buyer.

Imagine the chaos of doing so to 100 buyer. The defects period will always rise and set on all at the same time – make peace with that. It is imperative to always note this as a buyer and insist then on seeing the architect’s certificate of practical completion to know when the defect period begins and lapses. Engrave those dates somewhere if you can’t memorise. Even on projects with sectional occupation certificate, ask for the practical completion certificate that was used to obtain the sectional occupation certificate.

READ ALSO:   Two Kenyan women aged 26 and 22 arrested after being circumcised to please husbands

Once you have immaculately noted the defects liability period, please carry out and document all the house snags issues and ensure they are rectified within the period. In situations where access to your house is pegged to clearance of final payment, request the developer access to allow you snag the house for any noticeable defects to be rectified.

Avoid running into cat and mouse games with the developer once this period has lapsed. There will be only one loser. You. For the umpteen time, the defects liability period will not be tailored to your wish as a buyer, it’s a contractual period that is fixed.

There will not be even an extra day added to it. I appreciate that the greatest struggle in mankind is that against ignorance, but this can no longer be classified as ignorance, especially in 2019. We cannot keep making the same mistakes over and over. Be wise or perish! – The writer is chairman of Association of Construction Managers of Kenya. nashon.okowa@gmail.com

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