In Summary
  • The judges also suspended from the hearing a case filed by Institute for Democratic Governance against Nasa leaders.
  • Wednesday morning the court will formally start the hearing of the three presidential petitions.

The National Super Alliance and Jubilee Party were last evening kicked out of the petitions filed at the Supreme Court, challenging the election of President Uhuru Kenyatta.

The judges also suspended from the hearing a case filed by Institute for Democratic Governance (IDG) against Nasa leaders Raila Odinga, Kalonzo Musyoka and Musalia Mudavadi because they said it was not time-bound.

The six judges also expunged from the court records the controversial internal memos obtained from Independent Electoral and Boundaries Commission (IEBC).

IEBC MEMOS

Attorney General Githu Muigai was admitted as interested party but his application as amicus curiae, friend of the court, was rejected.

In their determination last evening after the pre-trial hearing, judges headed by Chief Justice David Maraga directed that Nasa cannot be retained as a respondent in the matter and parties to the case were restrained from making any references to Nasa leadership.

They also admitted Dr Ekuru Aukot as an interested party saying that his application meets the criteria.

On the IEBC memos, which turned to be a quick win for Mr Kenyatta, lawyer Mellisa Ng’ania said the documents were obtained illegally and should not form part of the record.

INFORMATION

Ms Ng’ania said there is a procedure for obtaining information from public bodies, and that there is no evidence such request was made to the commission by the petitioners.
“They are clearly internal memos. Without such request it is best to assume that they were obtained illegally,” she said.

She added that retaining the memos would jeopardise the work of the commission and infringe on the independence of the independent bodies.

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