The Supreme Court is expected to begin hearings on the case challenging the re election of president Uhuru Kenyatta in the 2017 elections.
The court is also expected to give a ruling on whether it will allow NASA’s petitions that were filed on Sunday after the deadline of filing petitions.
Sharp divisions yesterday emerged at the petition hearing with IEBC urging the court to throw out NASA’s petition arguing that it was filed late.
NASA’s counsel Jackson Awele also argued that IEBC and president Kenyatta filed their petitions out time without any explanations.
“The earliest documents served on us were served on a Sunday at 3 PM and the followed by the first and second respondent served at 3.50 pm. No explanations were given for why those documents were served at that time while it was aware within their knowledge that the documents would require the petitioners to serve a rejoinder,” said Mre Awele.
President Uhuru Kenyatta’s lawyer Fred Ngatia however disagreed with the counsel faulting NASA lawyers for not availing themselves to receive the responses.
“All the replying affidavits were filed within time, and there cannot be any dispute because all this was being done within the glare of the media. The difficulty that arose during that time was that counsel for the petitioner hadn’t done what we had done on Sunday, to make himself available on Sunday and that is pleaded in our replying affidavit that we made every effort to go to Mr. Awele’s office only to find his cambers closed,” said Ngatia.
Orengo also requested that IEBC allows it access to its servers arguing that forms 34As and 34Bs delivered by IEBC to this court were either forged or are not authentic.
IEBC Lawyer Paul Muite however opposed Orengo’s request arguing that there was no enough time to do that according to the timelines of the case.