In Summary
  • Through lawyer Melissa Ng’ania, President Kenyatta said there is no evidence that the five memos were obtained legally.

  • Ms Ng’ania said there is a procedure for obtaining of information public bodies.

  • She said there is no evidence that such a request was made to the commission.

President Uhuru Kenyatta wants the Supreme Court to expunge five internal IEBC memos from the petitions against his re-election.

Mr Kenyatta argues that the leaked documents, some of which were widely publicised in the media, were illegally obtained.

PROCEDURE

Through lawyer Melissa Ng’ania, President Kenyatta on Tuesday said there is no evidence that the five memos were obtained legally.

Ms Ng’ania said there is a procedure for obtaining of information public bodies in Kenya and it must be followed.

She said there is no evidence that such a request was made to the commission.

“They are clearly internal memos. Without such request, it is best to assume that the memos were obtained illegally,” he said.

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

If the commission wanted the documents to be in public domain, the lawyer said, the documents would have been displayed on its website.

FILINGS

Secondly, President Kenyatta, through lawyer Fred Ngatia, wants some documents filed a day after the deadline struck out.

He said the annexures and the voluminous documents that were filed a day late should not be retained in the court record.

“I do not need to emphasise that the petition must be filed within seven days, a day which was to expire on the midnight of November 6,” Mr Ngatia argued.

The lawyer also wants an affidavit by James Ngodi in support of the petition by Njonjo Mue and Khelef Khalifa struck out.

He said retaining it and any reference would cause confusion because it is not part of the record.

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