In Summary
  • Through lawyer Mahat Somane, the commission on Tuesday said the documents Mr Njonjo Mue and Khelef Khalifa are seeking have been provided for in the large documents they have presented to the court and parties to the petition in the soft copy format.

  • Mr Mue and Mr Khalifa want the apex court to order IEBC to produce copies of internal memos, minutes, plenary deliberations among other documents relating to the repeat poll for the period between September 1 and October 31.

President Uhuru Kenyatta and the electoral commission have opposed an application by petitioners for scrutiny of materials used in the October 26 repeat presidential poll.

The two argue that the application by Mr Njonjo Mue and Khelef Khalifa is prejudicial to them, a waste of judicial time and an abuse of court process.

MEMOS

Through lawyer Mahat Somane, the commission on Tuesday said the documents the petitioners are seeking have been provided in the large documents presented to the court and parties to the petition in soft copy format.

Mr Mue and Mr Khalifa want the apex court to order IEBC to produce copies of internal memos, minutes, plenary deliberations among other documents relating to the repeat poll for the period between September 1 and October 31.

Ms Julie Soweto, lawyer for the petitioners, told the court there is evidence of manipulation and discrepancies in the documents, and that it is only through scrutiny that the petitioners could know what really happened on October 26.

“Issues raised in the memo by Dr Roselyn Akombe after she resigned is vital in the interest of justice that the parties should be allowed to access the deliberations of the IEBC and particularly on issues that were publicly admitted by the commission,” Ms Soweto argued.

She said Chairman Wafula Chebukati had publicly admitted the issues raised by Dr Akombe before she fled and such admission had opened up the commission to public scrutiny and debate and thus the public deserves to know the complete picture of what was happening in the commission.

KIEMS

She thus asked the court to compel IEBC to present for scrutiny SD cards of the Kenya Integrated Elections Management (Kiems), the voter register and number of voters who turned up to vote because there are allegations of vote tempering.

“Evidence shows discrepancy and manipulation of results transmission and the only way to verify is through scrutiny,” she said.

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