text:
This scarce antiquarian book is a facsimile reprint of the original. Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment for protecting, preserving, and promoting the world's literature in affordable, high quality, modern editions that are true t...
Paperback: 220 pages
Publisher: Kessinger Publishing, LLC (September 10, 2010)
Product Dimensions: 6 x 0.5 x 9 inches
Format: PDF Text TXT book
Download Link Mirror
You can order this book through Createspace direct distribution at this site and purchase a copy at the cost of publication:https://www. It provides thorough coverage of all the functions, but it leaves out some expert guidance. In this volume you’ll get to meet an ancient race of god-like Norwegian folks, frozen while eating dinner thousands of years ago, who are unthawed just in time to finish their dinner and unintentionally help the Nazi’s conquer Norway—sort of. By the end, all of Fforde’s myriad particles of plot, accelerated by his immense skill and narrative sense, collide, producing pyrotechnics and a passel of new particles to propel his next tale. Loved her books on Tatinia and Alelxander, and am so very pleallsed to have this book. Download ebook Secrets Told: With Twenty-Two Piquant Illustrations From Life Pdf. Later he studied computer arts at the Design School of Kolding, in Denmark. But inside, Jillian harbors a terrible secret. great illustrations and cute story line. Excited about this particular book. IG appears greatly over-represented in women. Besides the main story line, they also got in to stories of her family, when her farther died, & she goes back to NYC. The plot line is okay, i feel it was kind of all over the place. ISBN-10 1163712949 Pdf. ISBN-13 978-1163712
” (Seattle Times)“Lurie maintains a light touch with such damning observations. The book didn’t really say…), survival camps that were prison-like and all the military action in the last 1. All of these books were disapointing, compared with novels who receive this award before.
- Secrets Told: With Twenty-Two Piquant Illustrations From Life epub
- Download Secrets Told: With Twenty-Two Piquant Illustrations From Life pdf
- Secrets Told: With Twenty-Two Piquant Illustrations From Life text
- 978-1163712948 pdf
- Download Alice Kingsbury pdf
- Download Alice Kingsbury books
- Download pdf ebooks
The fever Download Iron rings kung u pdf at buildittsuroaf.wordpress.com Read Ironhan book ebook alllaykosuag.wordpress.com Here The secret doctrine volumes i and ii a facsimile of the original edition of 1888 pdf link Estruction was my beatrice Here Legens o the ire sirits pdf link Brave girl eating Download The book with no wors pdf at allwoztsuwaiz.wordpress.com
I enjoyed this story. While the time travel is only about 100+ years into the past of the American W...
Lying in the deep shadows of battles given an iconic status in the public’s eye, the 1943 campaigns ...
This is a high quality plastic map with great detail. Another map that I purchased at the same time,...
The book was in perfect condition....


text:
Oudaïa Kasbah, Rabat
Visiting the Oudaïa Kasbah in Rabat is a visual treat for lovers of Moroccan inspired gardens and architecture. It became the first official historic monument in Morocco during the French protectorate period (1912 – 1956) and with good reason. Enter the Bab Odaïa through its ornate gateway, the entrance itself is worthy of admiration. With the familiar domed archways it is complicated in its designand history. Although it is said that the gate was used mainly for decoration; history tells us that at one time it was used as a place to hold prisoners captured by Barbary pirates who went on to be sold at slave markets.A small stone staircase at the back leads down to dungeons where prisoners would have been kept.
The Oudaïa was built under the command of Sultan Yacoub el Mansour in 1195. A Kasbah is usually a fortress and serves the same purpose as a castle; it was used as place of refuge when a city was under attack, with high walls and small windows, like castles, they were usually built on hilltops so they would be much easier to defend where enemies could be seen much sooner. Sometimes they would be situated near harbours so any incoming invaders were spotted in advance of an attack and could be quickly intercepted.
Today the Kasbah is a thriving village where families gather to meet and shop – and it is an ideal place to really capture a sense of traditional Moroccan life.Walk through the narrow alleyways that run between houses painted in blue and white, take in the aromas of the beautiful flowers that adorn the walls of each house. Once inside the Kasbah, it is also worth looking out for the oldest mosque in Rabat, the El Atika.Once you have strolled through the magnificent walls and doorways slip through into the Andalusian gardens,where you can relax and take in the lush smells of jasmine, gardenia, orchids and other plants and flowers familiar to Morocco. Survey the perfectly shaped doors and the luxuriously tall trees and take your time. Spend as much time as you want the entrance is free, and when you’re done with the gardens look no further than the eastern gate on the far side to enter the outdoor Cafe des Odaïasoverlooking the sea, where you can taste traditional mint tea and sample some delicate almond pastries.

domain: artistic


text:
The world is a complex place so it’s really hard to create an accurate mental understanding of it. Most of us do a fairly good job creating a functional reality that allows us to exist and contribute to society. Whatever assumptions we make about the world to get us through our day to day life tend to work well enough to allow work, shopping, recreation, education, etc…. to continue. This is because these assumptions are trivial – the assumption that a cashier will give you change is a fair one because that is their role. A teacher is supposed to teach, fitness instructors are supposed to instruct and co-workers are supposed to do their jobs. These are basically social conventions – implied behaviors and actions for specific roles. Members of society have a collective understanding of all these roles so it’s expected that those playing one of them do so appropriately. Doing so makes society function more effectively because we don’t need to vet every single interaction.
For less superficial roles like romantic partners, it is a lot more complicated. The interactions are more frequent and cover a deeper range of topics. However, we may still apply the same social convention approach to roles – that is we assume that a girlfriend or boyfriend is a particular thing, plays a particular role and should therefore act a particular way. This is what everyone else in our life does – the sales person sells, the lawyer applies the law to get you what you want, the police identify and charge criminals – so we do the same thing with the more intimate social partners. This works very well for transactional interactions because you are making a very general assumption about their potential behavior based on your understanding of the role; a composite understanding of EVERY experience, real or thought, about anyone who played this transactional role before. This approach doesn’t work as well when it comes to deeper non-transactional interactions. The issue becomes that of assumption testing, and more accurately assumption failure, because the understanding that one creates about a girlfriend and the role that she plays ARE going to be tested in a relationship, and some of them are going to fail.
Your understanding of a romantic partners has been shaped by the modeling of your primary caregivers, television, books, siblings, peers, and social exposure. As you begin to date, the understanding evolves and starts to acquire aspects of each relationship. It’s a complicated thing but over time you start to get a clear understanding of what a girlfriend is supposed to do, why she is doing it, what you are supposed to do and what a relationship is supposed to be like. Eventually the role of girlfriend becomes clearly defined – it too is a composite of all of the behaviors that you have come to associate with the role of a girlfriend. At some point the evolution of this understanding slows and the role become more solidified turning now into expectations. You close off to information seeking and choose to move forward with what you have running on the belief that you know all you need to about how a romantic partner is supposed to act and what they are supposed to be. With repeated exposure, their actions will shape your understanding of how the role is supposed to be played but any deviations from the existing role will be resisted and need to be assimilated over time.
The problems really begin because people now enter your life, not as new people with new things to learn about but instead enter as bit players to fill a role in your life. There are expectations for how they should be your significant other, based on your experiences, and your new partner is being held to your old views / roles. We have less concern about learning from them and more concern about getting them to act in a particular way – a way that is compatible with our view of what a girl or boy friend is supposed to act. This is almost completely unworkable because people tend not to respond very well to having their autonomy replaced with a list of demands and expectations, disappointment and anxiety when they act like themselves.
In my opinion, the key thing that taxes a relationship is a lack of information exchange about ones personal definition of what a romantic partner is supposed to be. It isn’t necessarily that being kept in the dark is bad or the wrong thing, it’s just that a lot of people have the tendency to fill in missing information with stuff they make up based on their past experiences. If we don’t directly ask someone what their motives are, we can wait to hear what they are or we can do what we’ve been doing most of our life and make an assumption about what the motives are based on our experience. The problem with this type of manufactured life is that it tends not to reflect reality. The outcome is that you think your new girl friend acts the way she does for the reasons your OLD girlfriend/s would have had. You are living in the past because you are holding onto antiquated role definitions. Your actions are unfair and generally lead away from happiness because you are transferring your old roles onto new people; you are not allowing them to determine their role and how they should fill it.
I am aware of the impact of my past as I can sense it in the back of my mind telling me stuff that it couldn’t possibly know with any certainty. For example, having had a girlfriend that died, a part of me is always certain that something has happened when I don’t hear from a romantic partner. Most of my friends didn’t have a partner die so they’re just know that they are running late. Time for that assumption to go. I had a girlfriend who lived in a different province so I became accustomed to not seeing her for weeks at a time. While I’ll miss them like crazy when they are not around, it isn’t abnormal for me to not spend a lot of time with my girlfriend because I normalized not seeing them. This one isn’t working for me because I really enjoy spending time with my girlfriend and can’t think of any good reason for us not to hang out. I’ve had three girlfriends who were working hard to complete a second degree so I have been able to normalize tabling couple activities until later when school is out and they have the time to reconnect. Being distant with someone I live with is not unusual for me, in fact, it’s actually what I have come to expect out of relationships because people who want to do well in school HAVE to focus on school and deprioritize the relationship. But since I’m not in a relationship with someone who is in school, there really is no reason for me to transfer this understanding / role onto them. We CAN spend time together and we SHOULD remain connected.
So, what does this mean to the single or the newly involved people? The same thing it means to those involved in more long term relationships. You need to be very aware that you are allowing your partner to be who they are, act how they need to and say what they say without an attempt to force them to behave as your antiquate role template outlines. You need to not transfer or project motive or intentions on them. You need to ask them questions when you don’t know why they did something you don’t understand. You must remain diligent to ensure that you are affording your partner the dignity to be who they are and not use your influence to shape their actions to conform to what your role expectation demand they be.

domain: sociology


After forming a decade ago, South Korean boy band BTS has reached unprecedented levels of fame across the globe over the past few years.
In 2017, Radio 1 played BTS music for the very first time, a moment that radio presenter Adele Roberts will relive in the upcoming BBC special called BTS @ Radio 1.
Four years later, they are set to make their debut from South Korea in Radio 1’s Live Lounge, where they will perform their hit song Dynamite, their new single Permission to Dance and a special cover of Puff Daddy and Faith Evans’ track I’ll Be Missing You, which will sample The Police’s Every Breath You Take.
In the TV special, Adele will look back on her trip to Seoul in 2018, when she met the band’s choreographer, the minister for K-pop and members of BTS’ passionate ARMY.
She will also interview the band ahead of their Live Lounge performance, stating that she is ‘beyond excited’ to be connecting with them.
Speaking about BTS’ Live Lounge performance, Adele said: ‘I am so happy for BTS fans worldwide especially our very own UK Army.
‘They have been so passionate, so supportive and have hoped for a Radio 1 Live Lounge since the first time we played the band. Four years later, BTS have broken records, barriers & boundaries.
‘That dream is now going to be a reality. I’m beyond excited for us to finally be hosting the biggest boy band in the world!’
BTS’ Live Lounge performance is set to take place a day before the BBC special is released.
Numerous BTS fans expressed their excitement over their upcoming debut in the coveted Live Lounge, with one tweeting that it’s ‘amazing’ that it’s ‘finally happening’.
‘Omg omg I’m crying so much thank you @BBCR1 and @AdeleRoberts for this we so can’t wait for this,’ another wrote.
Someone else said that ‘this is going to be epic’, while another tweeted: ‘This is absolutely HUGE for all us UK army!!! I am so excited I’m physically shaking.’
BTS @ Radio 1 will air on Wednesday July 28 at 10.35pm on BBC One and will be available to watch on BBC iPlayer.
Got a story?
If you’ve got a celebrity story, video or pictures get in touch with the Metro.co.uk entertainment team by emailing us email@example.com, calling 020 3615 2145 or by visiting our Submit Stuff page – we’d love to hear from you.


text:
Similar Questions with Answers
Question: My baby is 4 days old he is having loose motion what to do pls tell me
Increase the frequency of breast feeding
As your breast milk is the best solution to keep your baby hydrated
Cut down spicy oily, dairy products and junk food from your diet rather go for easy to digest food as what you eat reflect traces in your breast milk
Babies depends on your breast milk for nutrition
Milk protein contains traces of food you eat hence changes in your diet may cause loose motion in baby analyze your diet or any new addition in previous 2 days and eliminate it
If loose motion last for more than a day consult your pediatrician regarding same
Question: Muze bhut Jyada loose motion ho rhe h, what can I do
Answer: Hello ma'am .
Pregnancy me pet dard hone ke bahut se reason ho sakte hai :-
- food poisoning
- pet dard
- medicine .
Ho sakta hai ye kuchh tym me khud se khud sahi ho Jaye tab tak aap uske liye jayeda pani pani, juice le Sakti hain Jo aapke body se pani reduce ho raha h usse maintain rakhega , aap ors bhi le Sakti hai .khane me khichdi , curd , juice , veg soup le Sakti hai Jo ki aapko aaram dega .
Question: My baby is 6 days old he have loose motion plz tell me what should do
Answer: Hello! Breastfed babies should be given breast milk only as it has anti-infective factors and all the necessary nutrients that will help your baby fight against bacterial or viral diarrhoea. And, also breastmilk will help ease the symptoms of the disease. Do not try any other remedies for your newborn baby or if your baby is below 6 months of age(without consulting your doctor first).

domain: health


Nderitu Gachagua v Thuo Mathenge and 2 others
Civil Appeal No 14 of 2013
Court of Appeal at Nyeri
A Visram, M Koome, J Otieno-Odek JJA,
August 20, 2013
Reported by Emma Kinya Mwobobia & Obura Paul Michael
This was an interlocutory appeal from the ruling of the High Court at Nyeri on the competence of a Gubernatorial Election Petition filed therein. The fulcrum of the appeal was that the Election Petition filed in the High Court was incompetent on grounds that it was filed prematurely before the publication of the election results through a gazette notice dated 13th March 2013. That the declaration of the results not having taken place until 13th March, 2013, the Petition was incompetently before the High Court, and that the Petitioner had no cause of action.
However the High Court judge after having declared he had no jurisdiction to handle the matter, invoked the court’s inherent jurisdiction and went ahead to hear the matter.
The appellant brought to the attention of the Court of Appeal the inconsistencies between the Elections Act and the Constitution with regard to the time frame within which an Election Petition can be filed. Whereas the Constitution did not provide for the filing of an Election Petition after gazettement of election results, the Elections Act provided for it.
- Whether there was a conflict between Article 87(2) of the Constitution and section 77 of the Elections Act on one hand, and section 76(1)(a) of the Elections Act with regard to the time frame within which an Election Petition can be filed.
- Whether an Election Petition should be filed after the publication of election results by the Independent Electoral and Boundaries Commission (IEBC) in the Kenya gazette.
- Whether the High Court judge erred in entertaining the petition despite his finding that he had no jurisdiction to hear the same petition.
- Whether a court which had no jurisdiction over a matter can invoke its’ inherent jurisdiction to entertain the same.
Jurisdiction -inherent jurisdiction - High Court’s inherent jurisdiction - where the High Court Judge initially declared he had no jurisdiction to hear a matter, only to later invoke its inherent jurisdiction and hear the same - when can inherent jurisdiction be invoked?- Constitution of Kenya 2010, article 159
Statute -statute Interpretation - statute interpretation on election petitions - where the time frame for filing an election petition was questioned - where the Constitution provided for 28 days after declaration of results, while the elections Act provided for 28 days after publication of election results in the Kenya Gazette - appellant alleged a conflict between the two laws - whether the Elections Act was in conflict with the Constitution in the circumstances - Constitution of Kenya 2010, article 87(2) - Elections Act, sections 76(1), 77 Read More...
Article 87 of the Constitution of Kenya 2010, provides:
87 (1) Parliament shall enact legislation to establish mechanisms for timely settling of electoral disputes.
(2) Petitions concerning an election, other than a presidential election, shall be filed within twenty eight days after the declaration of the election results by the Independent Electoral and Boundaries Commission.
(3) Service of a Petition may be direct or by advertisement in a newspaper with national circulation.
Section 76(1)(a) of the Elections Act provides:
76 (1) A petition
a) to question the validity of an election shall be filed within twenty eight days after the date of publication of the results of the election in the Gazette and served within fifteen days of presentation.
- The jurisdiction to declare an Act of Parliament inconsistent with the Constitution went with interpretation of the Constitution; and that the constitutionality of an Act of parliament had to be construed vis – a- vis the Constitution. Therefore, in considering whether Section 76(1)(a) of the Elections Act was inconsistent with Article 87(2) of the Constitution the starting point had to be, of necessity, the interpretation of various provisions of the Constitution to discern the intention of the framers of the same in respect of Article 87.
- The construction of the Constitution was governed by various principles:
- It ought to be interpreted in a manner that promotes its purpose, values and principles; advances the rule of law and contributes to good governance.
- The spirit and tenor of the Constitution which embodies the ideals, aspirations and values of the Kenyan citizens must preside and permeate the process of interpretation. In this regard it is to take into account the language of the various provisions of the Constitution.
- It ought to be given a purposive interpretation so that the objectives of Article 87 are realized.
- A court should always take into account the principle of harmonization whenever it interprets provisions of the Constitution. Where the Constitution contains several provisions relating to an issue these provisions must be looked at as a whole.
- It compels a broad and flexible approach to interpretation.
- Article 87(2) of the Constitution established the broad parameters of electoral disputes, and donated the power to the legislature to enact detailed legislation establishing mechanisms for the timely settling of electoral disputes. This the legislature had done through the enactment of the Elections Act. The intention of the framers of the Constitution was that an Election Petition challenging election results ought to be filed within 28 days after declaration of the election results by the IEBC. Therefore, the Constitution provided a time line within which an Election Petition ought to be filed, and left it entirely to the Legislature to determine the medium and form of the declaration envisaged therein.
- It was the intention of the framers of the Constitution that the medium and form of declaration of election results by the IEBC should be provided for in the Elections Act.
- The intention of the Elections Act was similar to the intention of Article 87 of the Constitution that was the establishment of mechanisms suitable for timely resolution of electoral disputes.
- The intention of framers of the Constitution in establishing time frame within which an election petition ought to be filed was to address the mischief of litigants who filed petitions late and not those who filed early. The court took judicial notice of the fact that historically, and from time immemorial, majority of the Election Petitions were based on a common complaint – that they were filed too late, or served too late. That there has never been a case where the complaint was that it was filed too early. The court was not informed of any prejudice occasioned to any of the other parties. On the contrary they had heads-up and more time to respond.
- The High Court Judge misdirected himself by holding that he had no jurisdiction to entertain the Petition simply because it was filed five days too early. However, he again misdirected himself further by invoking his inherent jurisdiction to save the Petition. This was because jurisdiction of the court flowed from the Constitution and statute and the court could not arrogate to itself jurisdiction it didn’t have.
- The High Court all along had jurisdiction to deal with the Petition, and need not have, and could not have, invoked its inherent jurisdiction either under the Civil Procedure Act or Article 159 of the Constitution.
Appeal dismissed, cross appeal allowed.
Each party to bear his own costs.
||Jurisdiction of the Court of Appeal to hear an interlocutory appeal in respect of an interlocutory decision made by a trial court in an Election Petition
Benjamin Ogunyo Andama v Benjamin Andola Andayi & 2 others
Civil Application No 24 of 2013 (UR 11/13)
Court of Appeal at Kisumu
J W Onyango Otieno, F Azangalala, S Ole Kantai, JJA
August 7, 2013
Reported by Phoebe Ida Ayaya and Derrick Nzioka
- Whether the Court of Appeal had jurisdiction to hear an interlocutory appeal in respect of interlocutory decisions made by the trial court in the course of the hearing of an Election Petition.
- election petition – interlocutory appeal – interlocutory appeal in respect of an interlocutory decision of the High Court – claim that the Court of Appeal did not have the jurisdiction to hear an appeal on an interlocutory decision made by the High Court in an Election Petition – where the provisions of the electoral laws did not specifically provide for the hearing of appeals on interlocutory decisions by the Court of Appeal – whether the Court of Appeal had jurisdiction to hear an interlocutory appeal in respect of an interlocutory decision made by the High Court – National Assembly and Presidential Elections Act, section 23(4); section 64(1), repealed Constitution; rule 35, Election (Parliamentary and County Elections) Petition Rules 2013; section 75, Elections Act. Read More...
- Section 23 (4) of the repealed National Assembly and Presidential Elections Act clearly stated that all decisions of the High Court on Election Petitions whether interlocutory or final would be heard by this Court and there was no doubt as to the jurisdiction of this Court at that time.
- From section 64 (1) of the repealed Constitution, the Court of Appeal had no inherent powers and all the jurisdiction it had was donated to it by law and as to decisions on appeal from election decisions made by the High Court, Section 23 (4) gave it jurisdiction over both interlocutory appeals and final appeals.
- The Constitution was clear that the High Court had to settle election petitions within six months of the date of lodging the petition thus election disputes were to be settled within a specific time frame unlike in the old Constitution where no time limitation was enshrined.
- Although rule 35 of the Election (Parliamentary and County Elections) Petition Rules stated that an appeal from the judgment and decree of the High Court was to be governed by the Court of Appeal Rules, there were still some Court of Appeal rules which could not be applied in election petitions. An example was the time allowed for filing the appeal which, if the Court of Appeal Rules were to be applied, would be 60 days from the date of filing the Notice of Appeal but which under the Elections Act was 30 days from the date of announcement of the results.
- Section 80(3) of the Elections Act stated that interlocutory matters in connection with a petition challenging results of a presidential, parliamentary or county elections were to be heard and determined by the election court and the election court was defined in the Elections Act as the Supreme Court in exercise of the jurisdiction conferred upon it by article 163(3)(a) or the High Court in the exercise of the jurisdiction conferred upon it by article 165(3)(a) of the constitution and the Resident Magistrate's Court designated by the Chief Justice in accordance with section 75 of the Elections Act.
- The Court of Appeal was not mentioned as an Election Court and so in its mechanisms made to ensure timely settling of the electoral disputes or in its legislation made to ensure that the electoral petitions were determined within limited six months period by the High Court, the Court of Appeal was not one of the courts empowered to hear interlocutory matters in connection with petitions challenging results of parliamentary or county elections.
- Furthermore, rule 35 of the Election (Parliamentary and County Elections) Petition Rules made it clear that an appeal which was governed by the rules was only an appeal from a judgment and decree. It did not state an appeal would lie to on an interlocutory decision.
Application dismissed, preliminary objection allowed
||A registered owner’s land could be subject to a trust for the benefit of other persons
Jason Gitimu Wangara v Martin Munene Wangara
ELC Case No 278 of 2013
High Court of Kenya at Kerugoya
Environment & Land Court
B N Olao, J
August 26, 2013
Reported by Beryl A. Ikamari
Download the Decision
- Circumstances in which a registered proprietor of land would be deemed to hold the land subject to a trust for the benefit of other persons.
Land Law-registered owner of land - circumstances in which a registered owner of land would be deemed to hold the land in trust for other persons as beneficiaries - Land Registration Act, No 3 of 2012; section 28, and Registered Land Act (Cap. 300) (repealed); section 28.Read More...
- The dispute over the suit premises was a dispute between brothers. It was established in evidence that the plaintiff obtained the suit premises in 1965 from his father. It was unlikely that the plaintiff was given the land to own exclusively from other members of the family.
- The evidence adduced disclosed that members of the plaintiff's family including 5 of his father's wives were buried on the land and his siblings continue to live on the land. It was also unlikely that the father intended to give the plaintiff the land and to leave his siblings without any property.
- It was probable that the plaintiff was given the land, in his capacity as the family's first born, and in accordance with Kikuyu customary law, he held the land in a trust situation for the benefit of the family.
- Section 28 of the Land Registration Act, No 3 of 2012, provided that all registered land would be subject to overriding interests and a trust, including a customary trust, was a form of an overriding interest.
- The registration of the plaintiff as the proprietor of the suit premises, pursuant to the provisions of the Registered Land Act (Cap. 300) (repealed) would not defeat the possibility that he held the land in trust for other persons as beneficiaries. Section 28 of the Registered Land Act (Cap. 300) (repealed), contemplated that land could be held in trust, for the benefit of other persons.
- As was the holding in Kanyi v Muthiora  KLR 712, the registration of land in the name of one party under the Registered Land Act (Cap. 300) (repealed) would not extinguish the rights of other parties who were entitled to the land under Kikuyu customary law.
Judgment entered for the defendant
||Court nullifies Siaya Gubernatorial election for electoral offences done during campaigns|
William Odhiambo Oduol v Independent Electoral & Boundaries Commission & 2 others
Petition No 2 of 2013
High Court of Kenya at Kisumu
A O Muchelule, J
August 23, 2013
Reported by Teddy Musiga
Download the Decision
- Whether or not the gubernatorial election for Siaya County was conducted substantially in accordance with the Constitution and the relevant electoral laws.
- Whether or not the said gubernatorial election was fundamentally and irreparably flawed.
- What was the standard of proof in election petitions?
- What was the scope of jurisdiction of the election court with regards to the complaints raised before it of fraud, malpractice, irregularity and breach occasioned during nominations and campaigns?
- Whether the jurisdiction of the election court was only limited to acts taken place during voting, counting, tallying and declaration of results.
- Whether or not the gubernatorial election was substantially affected by the alleged electoral offences.
-Election petition – petition seeking to nullify elections – petition grounded on alleged fraud, malpractices, irregularities and breaches of electoral law during nomination, campaign, voting, counting and tallying - Read More...
Article 38 of the Constitution states that
“38(1).Every citizen is free to make political choices, which includes the right -
a. to form, or participate in forming, a political party;
b. to participate in the activities of, or recruit members for, a political party; or
c. to campaign for a political party or cause.
2. Every citizen has the right to free, fair and regular elections based on universal suffrage and the free expression of the will of the electors for-
(a) any elective public body or office established under
this Constitution; or
(b) any office of any political party of which the citizen is a member.
(3) Every adult citizen has the right, without unreasonable restrictions -
(a) to be registered as a voter;
(b) to vote by secret ballot in any election
or referendum; and
(c) to be a candidate for public office, or office
within a political party of which the citizen is a
member and, if elected, to hold office.”
- An election was not an event but a process. It began with the registration of voters up to the time the time the results were declared. Given that scenario, things could, and sometimes went wrong. Mistakes and errors, some honest and others not could be made. Where there was non-compliance with the law and/ or regulations, section 83 of the Elections Act mandated the court to always look at the bigger picture. The court had to consider whether the election with all its imperfections compromised the process so much that an ordinary man could not say that the win as declared was the valid one.
- In interpreting section 83 of the Elections Act, it was not sufficient for petitioners to establish that irregularities or electoral malpractices did occur; they had to establish that the said electoral malpractices were of such magnitude that they substantially and materially affected the outcome of the process. (John Kiarie Waweru v Beth Wambui Mugo & 2 others (2008) eKLR.)
- Further, an election could only be nullified if it was not conducted substantially in accordance with the law as to elections. It would also be nullified, even though it was conducted substantially in accordance with the law as to elections, if there were errors or mistakes in conducting it which, however trivial were found to have affected the results of the election. (Joho v Nyange case (2008) 3 KLR (EP) 500
- The standard of proof in election petitions was beyond what was required to prove a civil case but lower than what was required to prove a criminal case. In other words, it was higher than the balance of probabilities but lower than proof beyond reasonable doubt. Where, however, an election offence was alleged, a higher degree of proof was required. The petitioner had to call evidence that was exact, cogent and unequivocal in proof of the offence.
- Article 88(4)(e) of the Constitution of Kenya, 2010 provided that disputes relating to issues of nominations of candidates to contests elections could only be settled by the Independent Electoral and Boundaries Commission (IEBC). The jurisdiction of the IEBC, however, excluded election petitions and disputes subsequent to the declaration of election results. Further, section 74(1) of the Elections Act reproduced the mandate of article 88(4)(e) of the Constitution of Kenya, 2010 but went further to say in subsection (2) that where a dispute under subsection (1) related to a prospective nomination or election, the dispute had to be determined before the date of the nomination or election, whichever was applicable.
- Sections 56 to 72 of the Elections Act created election offences. It was clear that some of the offences created related to what happened during voting but others dealt with what happened during the campaigns. Therefore, what happened during campaigns was the legitimate business of a court hearing a petition concerning that election.
- In relation to what constituted a free and fair election and the meaning of section 83 of the Elections Act clearly showed that what happened prior to the actual voting could affect the integrity of the election and therefore a court dealing with the challenge to that election could deal with issues prior to that voting.
- Under section 67(1)(m)(ii) of the Elections Act, it was an offence to publish, repeat or disseminate information with the intention to create hostility or fear in order to influence the process and outcome of an election. In the instant case, to refer to the petitioner as a TNA mole was meant to alienate him from the electorate in Siaya County, and such claim breached the law in regards to campaigns.
- Generally, as regards the campaigns, the ODM campaign machine ran a dirty campaign machine during the gubernatorial election in Siaya County. Everything was done to depict the petitioner as a candidate who was running against the grain. The elections were constantly being bombarded with malicious propaganda against him. The propaganda was beyond what was ordinarily expected from opponents in an election campaign. Further, the propaganda that the petitioner was supporting the jubilee candidacy and not the CORD candidacy was not only offensive but a blow below the belt, as it were.
- Taken together with other election offences outlined, one could not say that a fair chance was given to the petitioner to campaign, or that electors were given a fair chance to pick a candidate of their choice. Bluntly, the campaign was not free and fair. The campaign was perverted to the extent that it fundamentally compromised the integrity of the election.
- As regards fraud, malpractices, irregularities and breaches during the polling day; the votes in the ballot boxes following an election contained the best, primary and controlling evidence of the votes cast by the electorate. The commission had, therefore the responsibility to safeguard those votes by making sure that the ballot boxes in which they were contained were scrupulously secured until any litigation on them was concluded. The results as declared in the election forms had to agree with the votes in the ballot boxes, and when they did not agree, the Commission had to explain the discrepancy
- When the Commission was handing over the ballot boxes to court, it had to reasonably anticipate that scrutiny and recount could be ordered, at which time the handling of all the election materials could be inquired into. It was the responsibility of the Commission, at the earliest possible opportunity, to indicate to the court hearing the petition any instance of interference or tampering, or suspected interference or tampering, so that appropriate action or inquiry could be undertaken. All the time, the commission had to bear in mind that it was the custodian of the results as declared in the forms and as evidenced by the votes in the ballot boxes.
- Indeed article 88(d) of the Constitution of Kenya, 2010 commanded the Commission to put in place structures and mechanisms to eliminate electoral malpractices, including the safe keeping of electoral materials. The Commission could not seek to denounce the contents of the forms or the ballot boxes and sought that the court could not rely on any of them, without leading evidence to show that they did their best to safeguard them but that a third party tampered with them.
- Resultantly, and in the circumstances, the credibility of the results of the election was severely and materially tainted by the recount to the extent that it was difficult to find that the results as declared by the 1st and 2nd respondents were either accurate or verifiable. Therefore, the 3rd respondent was not validly elected as the governor for Siaya County during the general elections. A certificate to that effect had to be issued to the Commission in accordance with section 86(1) of the Elections Act, 2011. The consequence, of course, was that a fresh election had to be conducted for the gubernatorial seat for Siaya County.
|CIVIL PRACTICE AND PROCEDURE
||Court prohibits the Judicial Service Commission from proceeding with disciplinary proceedings against the Chief Registrar of the Judiciary|
Gladys Boss Shollei v Judicial Service Commission & 3 others
Petition No 421 of 2013
High Court of Kenya at Nairobi
D S Majanja, J
August 22, 2012
Reported by Phoebe Ida Ayaya and Derrick Nzioka
Download the Decision
- Whether the court could grant final orders in an ex-parte application.
--conservatory orders – ex-parte conservatory orders – where a party sought both temporary and permanent ex-parte conservatory orders – whether the court could grant ex-parte conservatory orders whether they were either temporary or permanent in nature.
- In an ex-parte application, the court had to act with caution as all the facts may not have been before it and in particular where orders of some finality were sought.
- A conservatory order was intended to ensure that the rights and fundamental freedoms of the applicant were not rendered nugatory before the inter partes hearing.
- The prayers for an order of certiorari to temporarily quash the order of compulsory leave and a conservatory order reinstating the petitioner to office could not be granted as these were final orders and it would be proper to hear all the parties before making those orders.
- A case had been from the evidence before the court made out to prohibit the Judicial Service Commission from taking disciplinary proceedings against the petitioner so that the matter could be ventilated in court
1st respondent restrained from commencing or continuing any disciplinary proceedings against the petitioner pending inter partes hearing of the application
||The requirement of authorization by the Commissioner to carry local goods in trucks licensed to carry transit goods affirmed.
Kenya Transporters Association v Kenya Revenue Authority & 2 others
Petition No 297 of 2012
High Court of Kenya at Nairobi
August 16, 2013
M Ngugi, J
Reported by Nelson K Tunoi & Beatrice Manyal
Download the Decision
- Whether the East African Community Customs Management Act (EACCMA) Regulations 2010 which required authorization of the Commissioner to carry local goods in trucks licensed to carry transit goods were ultra vires the provisions of EACCMA and therefore null and void;
- Whether the respondents violated the provisions of articles 40, 47 and 49(1) (f) of the Constitution by impounding the subject motor vehicle.
Constitutional Law – fundamental rights and freedoms - right to property - right to fair administrative action - whether the respondents violated the provisions of articles 40, 47 of the Constitution by impounding the subject motor vehicle - Constitution of Kenya 2010 articles 40, 47.
- interpretation of statutes-interpretation of the EACCM Regulations - whether the EACCM Regulations 2010 were ultra vires the provisions of EACCMA and therefore null and void – where the regulations provided for licenses-where Condition 2 of the Licence (Transit Goods) required that licensed vehicles shall be used exclusively for the carriage of goods in transit and for no other purpose unless otherwise authorized by the Commissioner- where the petition sought to challenge the powers of the respondent to seize its members’ vehicles for carrying local goods in trucks licensed to carry transit goods in alleged breach of regulations governing the transport of transit goods- whether the license condition was ultra vires EACCMA and therefore null and void-East African Community Customs Management Act sections 60, 85, 251; East African Community Customs Management Act Regulations regulations 104,219, 229 (c), Read More...
- Under section 85 of the EACCMA the commissioner was given power to impose conditions for the removal without payment of import duties, of goods in transit, subject to the imposition of conditions for such removal by the Commissioner. The Commissioner could also furnish security with regard thereto.
- The EACCM Regulations were made pursuant to section 251 of the EACCMA, which empowered the Council of Ministers to make regulations. Regulation 104(5) (b) imposed conditions with regard to the carriage of goods in transit. Such conditions included the requirement that the vehicle carrying such goods to bear the words transit goods printed boldly and clearly on both sides. He was also authorized by regulations 219 to grant licenses in respect of goods carried in transit, and in so doing, he could attach to the licence such conditions as he or she deemed fit
- Such a licence had been issued in the case of Siginon with respect to the impounded truck. Siginon had contravened Regulation 104(5) (b) and conditions 1, 2, 4 and 6 of its licence. It was carrying local goods in a truck licensed to carry transit goods without having obtained the consent of the 2nd respondent, had not displayed its license prominently, and had erased the words ‘Transit Goods’ from its truck.
- Although the petitioner admitted these facts, its argument however, was that the conditions were unreasonable, and its members should be allowed to carry goods destined for the local market in trucks licensed to carry transit goods, without having to seek authorization from the Commissioner.
- The provisions of section 85 provided that the Commissioner could release goods intended for transit through Kenya without payment of import duty. If the carriage of such goods was not controlled through the imposition of conditions such as were imposed by the licenses issued under regulation 104, there was no way the loss of revenue could be controlled.
- There was nothing unreasonable in the conditions imposed by the licenses or in the requirement that trucks licensed for carrying goods in transit should carry goods for local consumption only with the authorization of the Commissioner.
- There was no basis for impugning the EACCM Regulations. Like the Act, they were intended to ensure that there was no leakage of revenue by controlling the manner of transportation of transit goods.
- While it was true that the manner of dealing with local goods was addressed in section 60 of EACMA, that section could not be read in isolation and in disregard of the purpose of the Act as contained in the other provisions
- The petitioner and its members indeed wanted to obtain licenses to transport transit goods, but they did not want to comply with the conditions thereof. They found the simple requirement that they had to seek the authorization of the respondents to carry local goods in trucks licensed to carry transit goods burdensome.
- The greater burden would be on the respondents if their work of collecting revenue was hobbled by giving transporters the leeway to transport transit goods, on which no import duty was charged, in the same vehicle(s) that they used to transport local goods which were subject to import duty. To allow such a situation would be to work against the public interest as there would be tax evasion and revenue leakage.
- There was no basis for impugning the EACCM Regulations as they were in consonance with the provisions of the Act.
- Where a party violated laws or regulations that were binding, there could be no basis for alleging violation of either the provisions of article 40 which protected the right to property, or article 47 on the right to fair administrative action. It was therefore perfectly lawful for the respondents to impound the truck carrying local goods in violation of the Act and the Regulations. In addition, the petitioner was fully aware of the conditions under which its truck was licensed to carry transit goods, and what it was required to do if it wished to carry local goods in its truck.
Petition dismissed with costs to the respondents.
||Recognition and enforcement of an arbitral award reached in breach of express terms of agreement is against public policy
Tanzania National Roads Agency v Kundan Singh Construction Ltd
High Court at Mombasa
Misc Civil Application No 171 of 2012
M Muya J
August 15, 2013
Reported by Andrew Halonyere & Cynthia Liavule
Download the Decision
The applicant sought to have a foreign arbitral award recognized and enforced as a decree of the High Court. It submitted that it had furnished the Court with the necessary documents required under section 36(2) of the Arbitration Act No. 4 of 1995 and that the only grounds upon which the application could be declined by the Court were those set out in section 37 of the Arbitration Act.
The respondents’ case on the other hand was that the majority arbitrators went beyond their scope and decided on matters beyond the scope of reference to arbitration. Further that the arbitrators should not have made a decision in favour of the applicant counterclaim as the applicant did not first refer its claim to the Dispute Resolution Board before referring the same for arbitration as required by the contract. Secondly, that the majority decision completely ignored to apply the Tanzanian Legislation which was the law governing the contract. Thirdly, that the arbitral award had not gained full legal force as it was subject to challenge in the proceedings filed by respondent in the Court of Appeal in Stockholm.
- Whether a foreign arbitral award reached in breach of express terms of an agreement was a ground for refusal of enforcement and recognition of the award in Kenya
- Whether enforcement of a foreign arbitral award made in breach of express terms of agreement was contrary to Kenya’s public policy
arbitration award - recognition and enforcement of foreign arbitral awards - requirements for enforcement - whether an award reached in breach of express terms of agreement was a ground for refusal of enforcement and recognition - whether enforcement of an arbitral award in breach of express terms of agreement was contrary to Kenya’s public policy -Arbitration Act No 4 of 1995, sections 36(2), 37 Read More...
Arbitration Act No 4 of 1995
(1) the recognition or enforcement of arbitral award, irrespective of the state in which it was made, may be refused only-
(a) at the request of the party against whom it is invoked, if that party furnishes to the High Court proof that –
(i) a party to the arbitration agreement was under some incapacity; or
(ii) the arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication of that law, under the law of the state where the arbitral award was made;
(iii) the party against whom the arbitral award is invoked was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or
(iv) the arbitral award deals with a dispute not contemplated by or not falling within the terms of the reference to arbitration, or it contains decisions on matters beyond the scope of the reference to arbitration, provided that if the decisions on matters referred to arbitration can be separated from those not so referred, that part of the arbitral award which contains decisions on matters referred to arbitration may be recognised and enforced; or
(v) the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties or, failing any agreement by the parties, was not in accordance with the law of the state where the arbitration took place; or
(vi) the arbitral award has not yet become binding on the parties or has been set aside or suspended by a court of the state in which, or under the law of which, that arbitral award was made; or
(vii) the making of the arbitral award was induced or affected by fraud, bribery, corruption or undue influence.
(b) if the High Court finds that –
(i) the subject matter of the dispute is not capable of settlement by arbitration under the law of Kenya; or
(ii) the recognition or enforcement of the arbitral award would be contrary to the public policy of Kenya.
(2) If an application for the setting aside or suspension of an arbitral award has been made to a court referred to in subsection (1) (a) (vi), the High Court may, if it considers it proper, adjourn its decision and may also, on the application of the party claiming recognition or enforcement of the arbitral award, order the other party to provide appropriate security.
- In deciding whether to recognize and enforce a foreign arbitral award, the court was guided by and large by the provisions of section 37 of the Arbitration Act. The final award arrived at was in breach of the express terms of the agreement between the parties which contained the arbitration clause that any dispute would be referred to arbitration and would be governed by the law of Tanzania. There was ample evidence from the respondents replying affidavit and further affidavit that the decision of the majority as set out in the award was made contrary to the laws of Tanzania.
- The Court could not condone breach of express terms of the agreement between the parties by recognizing and enforcing the award. There was no justification legally or morally to condone a breach of a contract between two parties and it would be contrary to the public policy of Kenya to allow a court to be used towards that end.
Application to recognize and enforce award dismissed with costs.
||An award by the Land Disputes Tribunal must be rendered by a properly constituted tribunal |
R v Chairman Kandara District Land Disputes Tribunal & 3 others
ELC in Nyeri
Judicial Review 57 of 2011
A Ombwayo J
August 8, 2013
Reported by Andrew Halonyere & Cynthia Liavule
Download the Decision
- Whether the Land Disputes Tribunal established under section 3 of the repealed Land Disputes Tribunal Act No.18 of 1990 had jurisdiction to entertain a dispute on breach of contract.
- Whether an award reached by an improperly constituted tribunal could be rendered illegal, null or void under the repealed Land Disputes Tribunal Act
Jurisdiction - Land Disputes Tribunal-whether the tribunal had jurisdiction to deal with a claim based on breach of contract- Repealed Land Disputes Tribunal Act No.18 of 1990 section 3
Statutes -interpretation of statutes - whether an award reached by an improperly constituted tribunal was illegal, null and void abinitio - Repealed Land Disputes Tribunal Act No.18 of 1990, section 4 Read More...
- Section 3 of the repealed Land Disputes Tribunal Act limited the jurisdiction of the tribunal to the division of, or the determination of boundaries to land, including land held in common; a claim to occupy or work land; or trespass to land. A claim of breach of contract was not contemplated in the said section and therefore the tribunal had no power to deal with a claim based on contract under the said section.
- Any attempt by the tribunal to deal with a claim of breach of contract would be ultra vires and any decision made by the tribunal on the said claim would be a nullity. The court had jurisdiction under the Law Reform Act Cap 26 sections 8 and 9 to issue orders of certiorari to quash nullities.
- The tribunal was not properly constituted when eight members sat and heard the dispute contrary to the provisions of section 4 of the Land Disputes Tribunals Act. The fact that more than five members sat to determine the dispute and one of the members did not sign the award made the same illegal, null and void abinitio.
Application allowed. Proceedings and award by Land Dispute Tribunal quashed
||Requirements for a credible outsourcing programme in an employment relationship|
The Wrigley Company (East Africa) Limited v Attorney General & 3 others
Petition 22 of 2012
Industrial Court at Nairobi
Mathews Nderi Nduma, Linnet Ndolo, Nzioki wa Makau JJ
July 31, 2013
Reported by Njeri Githanga Kamau & Victor L Andande
Download the Decision
- Whether the Industrial Court could rewrite an employment contract where there had been an illegality.
- What were the requirements of a valid outsourcing programme in an employment relationship?
Contract – employment contract – rewriting an employment contract – where there was an allegation of illegality – whether in the circumstances the Industrial Court could rewrite the employment contract
-outsourcing – outsourcing of employment services – what were the guidelines for a credible outsourcing programme - Labour Institutions Act 2007, section 55(2), International Labour Organisation’s Private Employment Agencies Convention, article 1. Read More...
Section 55(2) of the Labour Institutions Act 2007 provided as follows:-
(2) No person shall unless the person is registered under this Act
(a) carry out the business as an employment agency; or
(b) charge or recover any payment in connection with the procurement of employment through an employment agency.
Article 1 of the International Labour Organisation’s Private Employment Agencies Convention, 1997 Convention No. 181 of 1997 provides as follows:-
1) For the purpose of this Convention the term private employment agency means any natural or legal person, independent of the public authorities, which provides one or more of the following labour market services:
(a) services for matching offers of and applications for employment, without the private employment agency becoming a party to the employment relationships which may arise therefrom;
2) For the purpose of this Convention, the term workers include jobseekers.
(b) services consisting of employing workers with a view to making them available to a third party, who may be a natural or legal person (referred to below as a "user enterprise") which assigns their tasks and supervises the execution of these tasks;
(c) other services relating to job seeking, determined by the competent authority after consulting the most representative employers and workers organizations, such as the provision of information, that do not set out to match specific offers of and applications for employment.
3) For the purpose of this Convention, the term processing of personal data of workers means the collection, storage, combination, communication or any other use of information related to an identified or identifiable worker.
- Courts ordinarily ought not and were to refrain, as far as was possible, from rewriting contracts of employment. In the petition, sufficient cause and basis had been laid to suggest that there was an error apparent on the face of the record. Though the Petitioner and the Interested Party were engaged in an illegality, the rewriting of the contracts of employment was a fundamental breach on the part of the Industrial Court.
- There was no jurisdiction to do what the court had done and, there was an error apparent on the face of the record in that the court had committed a fundamental breach. The cure for the illegality lay not in rewriting the contracts of employment but holding both parties jointly and severally liable in all respects regarding the contracts of employment. Both stood in the place of the employer albeit one was a putative one. Appropriate relief would have been to order payment of damages allowed in law for the breach of employment contracts of the employees who had been sublet to the Interested Party by the Petitioner.
- The High Court sitting either as a bench of three or as single judges could quash the decision of the previous Industrial Court which was a court subordinate to the High Court.
- The fact that the arrangement between the Petitioner and the Interested Party led to the Interested Party having a stake in the contracts entered into with the employees who worked for the Petitioner somewhat negated the provisions of article 1 of the Convention. The employees were not allowed to enter into collective bargaining and had to seek recourse from the court only to end up unemployed after the contract between the Petitioner and the Interested Party was terminated. It seemed the contracts were calculated to circumvent the Collective Bargaining Agreements entered into between the petitioner and the 3rd respondent (a workers’ union).
- The parameters for a credible outsourcing program were as follows inter alia:
- Ordinarily, employers were not expected to outsource their core functions;
- An employer would not be permitted to use outsourcing as a means to escape from meeting accrued contractual obligations to its employees;
- An employer would not be permitted to transfer the services of its employees to an outsourcing agency without the express acceptance of each affected employee and in all such cases, the employer had to settle all outstanding obligations to its employees before any outsourcing arrangement could take effect; and
- Outsourcing was unlawful if its effect was to introduce discrimination between employees doing equal work in an enterprise.
Petition allowed each party to bear its own costs.
||Jurisdiction to Issue Concurrent Orders of both Recount and Scrutiny of Votes
John Oroo Oyioka v Independent Electoral and Boundaries Commission & 2 others
Election Petition No 2 & 4 of 2013 (consolidated)
High Court of Kenya at Kisii
R N Sitati, J
July 2, 2013
Reported by Mercy Ombima
Download the Decision
The Petitioner had contested for the parliamentary seat for Bonchari Constituency and lost it for the third Respondent. He sought a court order for recount and scrutiny of votes cast in that constituency; claiming that the electioneering process for Bonchari had been characterized by massive irregularities and inconsistencies depicting corruption. The Respondents challenged the petition claiming that the elections court did not have jurisdiction to issue dual orders of both recount and scrutiny of votes.
- Whether it was proper for a court determining elections disputes to make dual orders of both scrutiny and recount of elections votes.
- Whether an order for scrutiny or recount of votes could be granted as a matter of course.
- Whether a petitioner could benefit from both orders of recount and scrutiny of votes sough in the same prayer
Electoral Law –election petition - scrutiny and recount of votes – where the Applicant sought simultaneous orders of re-count and scrutiny of votes in the same prayer - claim that the court’s jurisdiction was limited to making an order of either scrutiny of votes or recount of votes and not both – whether the court could make concurrent orders of both scrutiny and recount of votes - Elections Act 2011, section 80(3), Elections (Parliamentary and County Elections) Petition Rules 2013, rules 4; 5; 33(2) Read More...
- Section 82 (1) of the Elections Act clothed an election court with wide jurisdiction when considering an application for scrutiny. The court was equally clothed with similar jurisdiction by rules 32 and 33 of the Elections Petition Rules. Neither scrutiny nor recount could be ordered by an election court as a matter of course. The court was required in each situation to be satisfied that there existed sufficient reason to require an examination of the ballot either by way of scrutiny or recount.
- A petitioner could only lay sufficient basis for scrutiny and recount of the votes after such a petitioner had adduced evidence during the actual hearing of the petition - Rashid Hamid Ahmed Amana v IEBC and others, Malindi Election Petition No.6 of 2013.
- The Petitioner and his witnesses in the instant case had testified, though the Respondents’ case was yet to be heard. If that was a case for scrutiny, it would have been necessary to fully hear the Petitioners’ and the Respondents’ cases before going into the issue of scrutiny. The petitioner’s request was however for a recount.
- The Court had jurisdiction to define the scope of scrutiny of votes and the terms under which it was to be conducted. The election court was entitled to consider whether to order a full examination of the ballots and related material; whether or not a recount of the votes could be conducted or whether the scrutiny could be limited to tallying. Whatever option taken by the court depended on the circumstances of each case - Richard N. Kalembe Ndile & others v Dr. Patrick Musumba Mwea & others, Machakos EP No.7 of 2013.
- In reaching a decision of whether or not to take a recount of votes, the court would be guided by the provisions of rule 32 (1) of the Election Petition Rules, which did not limit the extent to which a recount could be undertaken. The wider the net of the recount, the better, so that no stone was left unturned.In that case, all the votes were required to be subjected to interrogation so that the court was assured that the third Respondent’s win and the Petitioner’s loss were informed by correct figures of votes cast for them and for the other candidates who were in the same race.
- Rashid Hamid Ahmed Amana v IEBC and others, Malindi Election Petition No.6 of 2013 (unreported)
- Justus Omiti v Walter Enock Nyambati Osebe & others – Kisii EP No.1 of 2008 (unreported)
||Prayers for Scrutiny or Recount of Votes can be sought together with Other Prayers
Japhet Kirimi Kobia v Julius Kabira Ambau& 2 others
Election Petition No 2 of 2013
Chief Magistrate‘s Court at Maua
C Maundu, M
May 31, 2013
Reported by Mercy Ombima
Download the Decision
The Petitioner contested for the parliamentary elections for Athiru Ruujine Ward and lost to the first Respondent. He instituted a petition to seek an order for recount among other prayers, claiming that there had been errors and inconsistencies in tabulating the total number of votes and that his votes had been under recorded. The first Respondent accepted that there had been irregularities but claimed that the Petition should not succeed because the Petitioner had improperly sought for an order of recount together with other orders prayers not related to scrutiny or recount of votes.
- Whether it was fatal for a petitioner to include prayers of scrutiny or recount of votes together with other prayers in an election petition
Electoral Law -election petition – election petition seeking a court order for recount of elections – where the petition for recount was sought among other prayers – claim that the Petitioner could not seek for an order of recount of the votes unless he had abandoned all other grounds in the petition – whether the court could entertain the petition - Elections (parliamentary and county Elections) petition Rules, 2013 rules 32(1); 32 (2) Read More...
- The Court was alive to the provisions of rule 33(1) & (2) of the Elections Petition Rules, 2013 which provided that a party could at any stage, apply for scrutiny of the votes for purposes of establishing the validity of the votes cast. The said party was required to also satisfy the court that there were sufficient reasons to do so.
- Scrutiny was not limited to only where there were no other grounds in the petition. For an application for scrutiny to succeed, what was required was for one to have sufficient grounds. In the instant case the petitioner had claimed that his votes had been interfered with by being under recorded. The first Respondent had admitted that there was a problem with the tabulation of the votes. That was a sufficient ground for scrutiny.
The KLR Case Updates content has been collected, prepared and compiled by the members of the Law Reporting Team.
Except for the text of the judicial opinions which is in the public domain and are free from any copyright restrictions, the content of the KLR Case Law Updates is licensed by National Council for Law Reporting under a Creative Commons Attribution-Non Commercial-ShareAlike 3.0 Unported License.


SMARTWATCH APPLE | FEATURES APPLE WATCH SERIES 1 SPORT
So in September 2016 Apple has announced and released to market new smartwatch series sports. Today we talk about the series 1 of the Apple Watch and exactly come out with the name of Apple Watch Sport Series 1 38mm and 42mm. you already know its price and you know where to buy it online at a price maybe granted? How many gigabytes of RAM owns and the inside from what is? It has a slot to insert a sim and the screen size reaches? Chipset, processor and graphics card and what are the battery power has? It has a connection to the Internet system? Here is a full review on the Apple Watch smartwatch model 1 Series Sport with hardware and software, technical data, specifications and images.
SPECIFICATIONS – APPLE WATCH SERIES 1 SPORT
SIM not present
Weight 25 grams
Size 32mm or 42mm
Screen 1.65 “AMOLED (340 × 272 pixels)
Ion-X Protection Strengthened glass – 3D touchscreen
290 ppi pixel density
Apple S1P chipset
Dual core CPU
PowerVR SGX543 graphics card
Wi-Fi 802.11 b / g / n
Watch OS 3.0, upgradable to v3.1
Ram 512 Megabytes
internal memory of 8 gigabytes
Bluetooth v4.0, LE
Accelerometer, gyroscope, heartbeat
Battery 205 mAh Li-Ion battery is not removable
FEATURES – APPLE WATCH SERIES 1 SPORT
The device has a weight of only 25 grams with an aluminum body and a size that can be of 32 or 42 mm. It does not have the possibility to use a sim and therefore has no connectivity and has a 1.65 pixel screen size and that uses AMOLED technology with a resolution of 340×272 pixels. As certification is IPX7 which make it go under water up to a meter for about 30 minutes without there being problems. As the density is high enough for pixels Whereas regards still the screen that we are facing a smartwatch because it is of 290 ppi. Also Preesente a good multitouch system and a protection type Ion-X Strengthened glass – 3D touchscreen.
The proprietary operating system is WatchOS in version 3.0 but can be upgraded to version 3.1. Interesting the chipset which is an Apple S1P flanked by a dual core which should have a power of 1.4 GHz even if they are not so sure while regarding the memories have the memory Ram of half jig and then to 512 megabytes and the 8 gigs of internal with of course the lack of a slot for micro sd. The sound is entrusted to a good loudspeakers system while we also find a headphone output 3.5 mm and a wlan card-type Wi-Fi 802.11 b / g / n but not dual band and lacks features such as hotspots and WiFi- Direct. As a way to exchange data between compatible devices could not miss a Bluetooth version 4.0, LE but we can also use the NFC feature that is present.
Also interesting is the presence of a series of sensors such as accelerometer, gyroscope and heartbeat but there is not the reader for fingerprints. We do not find even a camera but this unfortunately is obvious, at least for the moment the fact smartwatch have none but in the near future it is hoped it can be inserted at least one. As for the battery it is 205 mAh (0.78 Wh), it can not be removed and it is lithium ion. It allows the phone to last up to 18 hours in stand-by mode with a mixed-use and up to 3 hours call time. Various colors with which exits which are silver, gold, pink, pink and golden gray with respect to the body while gray, white, black and pink as regards instead the straps which are therefore interchangeable.
Evaluation Board – APPLE SERIES 1 SPORT
Team Rating: aesthetically this model is really very beautiful, light, from the immensely appealing style and colors that can be classic or completely innovative and flashy in order to attract the attention of a younger audience. Of course we are not facing a ANORA technology far ahead as that of smartphones but soon we’ll get there and soon we will also find cameras and other hardware features that are so useful now. As time goes on the Apple it is immetttendo on ever more efficient smartwatch market at the processor level and this here mounted with chipset Apple S1P, really well, even promises for future development. It is true the screen is not very large compared to other smartwatch maybe other brands but it is interesting that you really see very well with a very high density of pixels whereas we are talking about smartwatch. If as a shield and as a performance we are happy we can say the same with regard to the protection and also multitouch system that responds very well while we’re still a little disappointed by the fact that it is not possible to provide these smartwatch at least a gig of memory Ram while the interior it seems more than enough. The price ? Absolutely fair and affordable for everyone.


Burkina Faso President Roch Marc Kabore vowed on Monday to carry collectively the West African nation torn by violent Islamist militant assaults as he embarks on his second and closing five-year time period. Kabore was sworn into workplace in a ceremony attended by almost a dozen friends from the area following his victory in a Nov. 22 presidential election which he gained with 57.87% of the vote.
As soon as a steady nation within the turbulent Sahel area, landlocked Burkina Faso has been sucked right into a violent safety disaster throughout a lot of Kabore’s first time period. The disaster has additionally overwhelmed a lot of West Africa in recent times. Islamist insurgents with hyperlinks to al Qaeda and Islamic State have killed greater than 2,000 individuals in assaults this yr in Burkina Faso. Round 1 million individuals have been displaced. Practically 7% of the citizens had been unable to vote.
Ethnic and spiritual tensions fuelled by the militant assaults have additionally elevated, pulling on the seams of once-peaceful communities. “There are a number of challenges, and hopes for the subsequent 5 yr. I will probably be notably attentive to issues regarding nationwide reconciliation, peace and safety which would be the foundations of any improvement,” Kabore stated.
He added that he would launch consultations within the coming months on a “true nationwide reconciliation”. Kabore, who handed a doc to the constitutional court docket judges declaring his wealth after he was sworn in, additionally vowed to combat corruption throughout is final time period in workplace.


text:
This web page contains links to the content of the exhibit pages for the exhibit 'The Rising Sun -- Japanese Expansion from 1894 to 1941' by Al Kugel.
This exhibit illustrates with philatelic material the expansion of the Japanese Empire from the first war with China in 1894-95 up to the eve of the attack on Pearl Harbor. It includes military mail from the Japanese Imperial forces as well as civil mail sent from the newly-occupied territories. Key sections of the exhibit reflect the Japanese participation in the suppression of the Boxer Uprising, the occupation of German colonies in the Pacific early in World War I, and the intervention in Siberia at the end of that conflict. The concluding sections relate to warlike 'incidents' which resulted in the complete occupation of Manchuria in 1931-41, followed by North and Central China in 1937-41.
This exhibit was created by, and is the property of the late Al Kugel, and is being supplied by his heirs as a courtesy to the Military Postal History Society. (See the MPHS webpage) The Military Postal History Society (MPHS) is a non-profit organization for philatelists and stamp collectors interested in the collecting and studying of the postal aspects of all wars and military actions of all countries, including soldiers' campaign covers, naval mail, occupation and internment covers, patriotics, propaganda, V-mail, censorship and similar related material.
These exhibit page scans were made from black and white photocopies of the original exhibits. Those exhibits were created by Al Kugel many years ago, and are presented here for historical and research purposes. As far as the MPHS is aware, there are no color scans available of these older exhibit pages, nor for any of the illustrated postal history items.
This exhibit, created by the late Al Kugel, is made up of 10 frames, each frame containing 16 pages. Due to their size, each frame is available as a separate PDF file. (See the PDF information page for additional help with this file format.)
This exhibit, created by the late Al Kugel, is made up of 10 frames, each frame containing 16 pages. Due to their size, each frame is available as a separate web page.

domain: history


text:
LOlivier restaurant seats 92 guests and features a terrace under the trees in the park. It offers regional cuisine in pleasant, friendly surroundings.
12:00 - 14:00
19:00 - 22:00
Hôtel Mercure Cavaillon
The 4-star Mercure de Cavaillon Les Portes du Luberon hotel is located in the Luberon regional nature park and is surrounded by a 2.5-acre (1-hectare) garden with a pool and tennis court. Ideal for business trips or family stays in the heart of the Proven

domain: travel


text:
Journal entry (16/08/17)Posted: August 18, 2017 Filed under: nonfiction, prose 1 Comment
Time moves more slowly these days. I feel I am not running after my life anymore. I can rest. I can enjoy the light of the day more.
Today, I walked in the park, at one point, alone. Alone, time moves faster. As if it were a companion. As if we were talking and the day was listening. And the trees were there in the silence of the present.
Excerpt from NotebookPosted: July 3, 2017 Filed under: announcement, nonfiction, publication Leave a comment
from Phone Call and Other Prose Writings (2017)
To accept that one sometimes writes badly is as much a necessity as accepting that she can write.
Until one can feel okay with writing badly, to the extent that one resolves to try to write better next time, one cannot be good. It is through taking risks that one learns, and writing badly is a sometime necessary outcome of this risk taking.
To feel one is on the edge of succeeding is sometimes a nice measure of doing good work. Sometimes one even feels one’s endeavour has failed, but success may be lurking in the work itself, unknown to the insecure writer.
Something akin to bravery is coming to rest upon you but you block it off with your inexperience. Because you’re so used to failure, so used to the limits of your art.
To be surprised by your own good work is good.
To be surprised each time you do it is a measure of humility. A measure that you take enough risks, that good work is a gift you keep accepting from some benign force who is generous. And patient. Patient with your talent sometimes wavering and rightly set in humility.
Each good work is a testament to your obedience—a listening for the word in you. So many possibilities gaining favour in you. A manifestation of your faith, your endless patience and gentle prodding.
Some day, you will write better. Some day, words will come out of you like untamed devotion. Some night, you will pray and mean to be led.
Otoliths Issue 23Posted: November 1, 2011 Filed under: announcement, nonfiction, publication | Tags: Otoliths Leave a comment
My nonfiction piece “Notebook” is published in Issue 23 of Otoliths, edited by Mark Young. Thanks Mark!
OtolithsPosted: September 27, 2011 Filed under: announcement, nonfiction, publication | Tags: nonfiction, Otoliths Leave a comment
My nonfiction piece “Notebook” will be in the next issue of Otoliths. Thanks Mark.

domain: literature


text:
©1998 Kirby Jonas; (P)2000 Books in Motion
The intricacy of the plot.
The details of the characters and their respective circumstances and experiences.
I don't recall listening to Drury's other performances.
No because I enjoyed reflecting on the various episodes after hearing them.
I will look for more Kirby Jonas books.
Kirby Jones knows the western mountains better than most western writers. He teaches survival methods through his major character-Macalister. His descriptions of the area, the Indians, and the characters are vividly portrayed, like a movie in my head.
Great Plot. Keeps moving. Believable
He read clearly, good volume, and professional.
The ending was emotional, but realistic, and matched Jose's values and character.
Anxious to read more books by K. Jones
Report Inappropriate Content

domain: entertainment


text:
Bobby visited the Pacific Northwest yesterday for a speech and voiced his opposition to a proposed LNG facility on the Columbia River. According to local press accounts, here’s what he had to say:
RFK JR. FIGHTS PROPOSED LNG FACILITY ON COLUMBIA RIVER
Robert Kennedy, Jr. has a lot to say about a proposed liquefied natural gas facility on the Columbia River: “This is a bad energy policy and it is so out of character with how other Americans are starting to see this region – as the leader in green technology.”
Kennedy, lead prosecuting attorney for Hudson Riverkeeper in New York, toured the Columbia River with representatives of Columbia Riverkeeper, the Columbian Inter-Tribal Fish Commission and other environmental activists who are opposed to the “Bradwood Landing” plan by Northern Star Natural Gas.
“They’re cut through 300 streams which feed into the estuary,” said Kennedy claiming the plan will damage the salmon population and cause sedimentation.
Kennedy says he has supported plans to construct LNG facilities in other areas but says the Columbia River is one of the iconic rivers in the country, “for its historical importance, for its geological importance, for its biological importance, particulary for its contribution for the salmon population and salmon culture.”
Groups supporting the plan say they are taking extra steps to reduce the impact on the environment.
Kennedy tours the area with local Riverkeepers. July 10, 2008
EXCERPT FROM KENNEDY’S VANCOUVER SPEECH
Kennedy delivered an address in Vancouver that evening. Here are a few highlights from The Oregonian’s coverage:
VANCOUVER — Instead of just giving a speech and splitting, Brad Owen suggested, Robert F. Kennedy Jr. should stick around a little longer when he visits Washington state again.
Owen, Washington’s lieutenant governor, introduced Kennedy, an environmental lawyer and son of a political and public service legend, tonight at the Southwest Washington Sustainability Conference at the Hilton Vancouver Washington.
Most of Kennedy’s speech to about 600 people was a wide-ranging condemnation of the Bush administration’s environmental practices. He contended they have given carte blanche to corporations to denigrate the environment for profit.
But Owen learned that at the outset that Kennedy has lots of Pacific Northwest wilderness cred.
“I have been here for recreational purposes on many occasions, all over Washington state. In fact, I started coming here when I was a little boy.” said Kennedy, 54. He’s now the chief prosecuting attorney for Riverkeeper, a New York-based nonprofit dedicated to protecting the Hudson River and its tributaries.
“I went to (Supreme Court) Justice William O. Douglas, who was a very close friend of my dad’s, and he took us out here. We came out here to the World’s Fair in Seattle when they first opened that Space Needle,” in 1962, Kennedy said, adding to audience laughter: “With nine or 10 of my brothers and sisters.”
He continued: “We went out on Puget Sound and caught more fish than I’ve ever seen in my life. We went hiking on the Olympic Peninsula, around the San Juan Islands for a two-week pack trip up there.
“And then I came back here many times because one of my father’s best friends was Jim Whittaker,” a Seattle native and famed mountaineer.
Whittaker was the first American to reach the summit of Mount Everest and the first full-time employee of Recreational Equipment Inc. In 1965, he led a climb up Alaska’s Mount Kennedy, named for slain President John F. Kennedy, and his four-person climbing party included Robert F. Kennedy.
Kennedy mentioned more Northwest connections. “My brother Joe was a guide on Mount Rainier. My younger brother at that time was the youngest person to summit Mount Rainier.
“I love this part of the country. I will take almost any invitation to come out here or excuse to come out here. … I wish I could live out here.”
Kennedy also greeted two friends in the audience: Sheila Hamilton, news director of KINK radio, and James Curleigh, president and chief executive officer of Keen Inc. footwear.

domain: news


ACE FILING NOTICE – RECON
According to to CBP CSMS# 18-000689, issued today, November 21, when filing a reconciliation for a Free Trade Agreement issue, ACE is displaying incorrect original paid amounts. Until headquarters issues further guidance, filers should submit the reconciliation header information in the Document Imaging System (DIS) when filing the reconciliation with a FTA issue.
If you have any questions or require additional information, please send an email to
OT-RECONFOLDER@CBP.DHS.GOV, Commercial Operations, Revenue and Entry Division, Office of Trade.


text:
“Be the change that you wish to see in the world.”― Mahatma Gandhi
We have to be the change we wish to see in the world, but we must understand ourselves before attempting to solve the worlds problems. There is never a shortage of people who want to be the star that solves big issues. Tackling things like world hunger, or taking on an evil corporation that is polluting the water. The issue with this is we can’t even take the first step of being that change if we cannot step outside our own door. There is a part that all of us can play, and this part in what we seek to be the change is our true self.
Of course I have a passion for helping youth. It has been a goal in my life to make the difference in the lives of young adults (my peers), to teenagers, and kids. I don’t always have the means or the ability to make those great sweeping changes that would make a large impact in the overall quality of life for youth. I might not get to assist in writing legislation that will eliminate the need for students to pay for school lunch, but I can volunteer at a organization that prepares meals for kids without money for school lunch. This will in turn help serve the part of me that is my true self.
Start with the achievable before going onto the next. In a sense we must know that we can handle the small tasks before we can be trusted with the larger overall goals. While this seems like a simple concept in reality most of us get tired of our goals long before they really begin. I believe that everyone at some point has attempted to write a book, yet it is those that continue to do the daily grind each day that accomplish the task. They dive in the mechanics that make up a book, and study the writing’s of other authors. If being a writer is our passion then that is being true to ourselves, but then there must be work shown for the effort no matter how small.
Anything can be the true self, while we like to see ourselves as grandiose , and sweeping many of us may never find that situation that puts us in the hallmarks of history, but this in no means a good enough reason for us not to try. For what is humanity with out dreaming?
All I am offering, and all that I am saying is this: We may never achieve the goal or the life that we seek to live, but if the pursuit of this goal is what we desire then we are living a true life. We are living true to ourselves, and becoming the change that we seek in the world.
This will be a fairly brief post. The mission of a Work in Progress (A-WIP) is to better ones self. I have, in previous posts, outlined what this means to me. Through photography, philosophy, and creative writing I find the best way to live for me. I share this better self of me on this blog as an example of taking control of my life. Now this this idea of being better is different for everyone. Here at A-WIP we want everyone to reach that ideal self, and we believe the only way to do this is to make a commitment to yourself.
I want say this as gentle as I can, but this commitment cannot have excuses. I know that many people suffer from issues be that of mental, or physical and my goal isn’t to mitigate those issues. However, saying I cannot because of _____ just tells me that you have a crutch that you cannot let go of yet. To make a commitment to oneself is to know that these issues may affect us, but should not control us. There is the difference.
To make a commitment to yourself first find out what it is you want out of life. For me it is to live an accepting Christian lifestyle, this could be different for you, but what does life look like to you in the future? Who do you see yourself being?
Know what challenges are ahead for the choices that you make and create a plan for overcoming those challenges. If you aren’t sure what challenges await then at least create good coping skills for when issues arise.
Finally when you create this commitment let us know, and let us know your progress. If anything we want to be supportive of you in your journey along with us in becoming our best selves.
Screw the homeless, what an awful thing to say right? So, what exactly brought you here? Was it the title, Screw the Homeless?
If it was the title did you feel outraged at the prospect that someone could have such an awful view of a group of people? Did you feel that you had to correct that view in order to better the world? Was it personal for you, did it create an injustice that had to be corrected? What if the title was “Help the Homeless”, would you have felt the need to read this blog post the same as when the title was inflammatory?
So, if this article isn’t about the homeless what is it about? Basically that we will become provoked at inflammatory words (screw the homeless) verse the actual issue, homelessness.
When we see something that is inflammatory like Screw the Homeless we feel the need to correct that person’s view. It’s similar to being on a Facebook page, and arguing with a person through comments. We aren’t actually solving the issue. We are simply fighting this person because they are wrong and in our eyes that is an injustice worth fighting for.
There are problems that exist in the world, and everyone can acknowledge that there is an issue. Finding a solution takes time, money, workers, and support from the community. Take homelessness for example. Homelessness exists and so does the penny tax. We could use that penny tax to build a shelter, fund volunteers, and work on the issue of homelessness. However, we could also use that tax to build something that the community wants, like a new recreation center or a community park. Now there is the issue, do we want a homeless shelter, or do we want something that pleases us?
This creates a duality issue. Do we help the homeless? I mean we all agree (well most of us) that we certainly don’t hate homeless people. Do we help ourselves? The homeless after all picked the life they are living, right? No one becomes homeless in a day, it’s a lifelong issue, and will take lifelong solution to fix.
What do you think is right? I wont judge, but if you were angry at me for saying screw the homeless, and I come up with a way to help the homeless, but you’re not on board because it takes something from you, why were you even mad in the first place? You were mad because the words were inflammatory, and that was a worse injustice to you than homelessness, that’s it.
Now I’m not saying You specifically are the issue, or that any of this applies to you, but you understand the concept? We get mad at other people for their views on an issue, when we don’t even care enough about the issue enough try and solve it in the first place. This may be true in your life, or may not be. I’m not someone to judge either way, all I am saying is if we care enough about something to get upset when someone disagrees with us, then shouldn’t it motivate us when someone is doing something that helps what we care about?
If there are two people holding two signs, help the homeless, or screw the homeless. Which one do you think you should talk to now? The guy who’s going to help them, or the one who just hates them?