@Belive_Kinuthia Useless scaremongering.
Kenya will smoothly move on, without Kaongo.
The greatest men who ever lived are all dead. Nothing special about him.
Especially, HIM.
The law is the law. It does not matter for how long the law has been violated. Article 138(1) & (2) of the Constitution, on the Procedure at presidential election, categorically provides:
(1) If only 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.
Voting at elections is conducted as provided under Article 86, which provides:
86. At every election, the Independent Electoral and Boundaries
Commission shall ensure that-
(a) whatever voting method is used, the system is simple, accurate, verifiable, secure, accountable and transparent;
(b) the votes cast are counted, tabulated and the results announced promptly by the presiding officer at each polling station;
(c) the results from the polling stations are openly and accurately collated and promptly announced by the returning officer; and (d) appropriate structures and mechanisms to eliminate electoral malpractice are put in place, including the safekeeping of election materials.
From the law above, there is no way the results for the Presidential elections cannot be announced at the Constituency as required by the Constitution. #ReKe #GetitDone #KnowYourConstitution
🚨🚨GROUNDBREAKIING FROM THE COA: YOUR TITLE DEED CAN'T BE CANCELLED WITHOUT YOU BEING HEARD
The Court of Appeal has delivered a landmark decision that will reshape how land disputes are litigated in Kenya. In Joseph Babu Kaangi & Another v Munket Pulei & Others (Civil Appeal No. E322 of 2023), a landowner successfully obtained a judgment in the Environment and Land Court declaring several subdivisions fraudulent and cancelling the resultant titles. The problem? Some of those parcels had long been sold to third parties who held their own title deeds, yet they were never joined to the case or given an opportunity to defend their interests. When those purchasers later discovered that their titles had effectively been wiped out by a judgment in proceedings they knew nothing about, they moved the Court seeking to be heard.
The Court of Appeal agreed with them. It held that once the court is aware that land has been transferred to third parties whose proprietary rights stand to be affected, those parties are necessary participants in the proceedings. A court may even direct their joinder on its own motion. Having found that the purchasers' constitutional right to be heard had been violated, the Court set aside not only the ruling refusing to join them, but also the entire judgment that had cancelled the titles. The dispute will now be heard afresh before a different judge with all affected proprietors participating.
The jurisprudential significance of this decision cannot be overstated. It reinforces that no matter how strong a claim of fraud or illegal acquisition may be, Kenyan courts will not permit proprietary rights to be extinguished through proceedings conducted in the absence of those whose titles are directly under attack. The right to be heard is not a procedural technicality; it is a constitutional safeguard capable of undoing an entire judgment. Going forward, litigants seeking cancellation of land titles must ensure that every person whose registered interest may be affected is brought before the court, or risk seeing years of litigation collapse on appeal.
Kindly repost widely 🙏
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