The Supreme Court will Sunday afternoon deliver several rulings on interlocutory applications filed by the parties in the presidential election petition.
The court’s President and Chief Justice, Mr David Maraga, said that the decisions in respect of the applications will be delivered at 2pm.
Sunday is the day the court starts formal sittings to consider the petition filed by Nasa leader Raila Odinga, challenging the re-election of President Uhuru Kenyatta.
LATE FILING
A plea by the chief justice for the parties to settle the matters through negotiations fell on deaf ears with lawyers insisting they wanted to prosecute their applications.
A plea by the chief justice for the parties to settle the matters through negotiations fell on deaf ears with lawyers insisting they wanted to prosecute their applications.
The first request was filed by the electoral commission and its chairman Wafula Chebukati who are listed in the court papers as the first and second respondent, respectively.
Through lawyer Issa Mansour, the commission wants affidavits signed by Mr Edgar Ouko Otunga, Mr Norman Magaya, Mr Omar Yusuf Mohammed and Ms Ogla Karani in support of the petition struck out of the court records on grounds that they were filed late.
AFFIDAVITS
Mr Mansur further alleges that the affidavits raise new issues that his client did not have time to respond to, owing to the time constrain provided for determining the petition.
“The commission and its chairman are seriously prejudiced by the affidavits because they raise new evidence, which they will have no time to respond to,” Mr Mansour told the court.
However, in reply, Mr Otiende Amollo, appearing for Mr Odinga, dismissed the application, arguing it is misplaced and based on misapprehension.
“The affidavits of the four are not in support of the main petition, but rather an application Mr Odinga has filed to compel the commission to grant Nasa access to its systems,” he said.
PREJUDICE
The second application was filed by President Kenyatta, which also sought orders of the court to strike out some of the submissions that Mr Odinga has filed in court and “failed to serve him”.
The second application was filed by President Kenyatta, which also sought orders of the court to strike out some of the submissions that Mr Odinga has filed in court and “failed to serve him”.
“Under the rules and protocol this court has established my client will be prejudiced if the court admits these submissions,” Mr Fred Ngatia, Mr Kenyatta’s lead counsel said.
In reply, Mr Amollo insisted the submissions had been filed on time.
RESPONSE
The third interlocutory application of the evening was from Mr Odinga, who too wanted some of the submissions filed by Mr Kenyatta struck out arguing that his lawyers were not served on time and that they were also filed late.
“The voluminous nature of the documents require the petitioner to discern and prepare responses within the set time but this was not the case and therefore my client is prejudiced because he cannot file a rejoinder,” Mr Odinga’s lawyer, Mr Jackson Awele, said.
But Mr Ngatia, in reply, insisted that all replies had been filed on time, but faulted Mr Owele for not being available.
“The counsel cannot say his client will be prejudiced because after we served them there is no demand for a response because they were not to file another document,” he said.
RULINGS
The fourth application is filed by Mr Odinga, which seeks access to all Forms 34A, 34B and the commission’s servers and technology kits.
The fourth application is filed by Mr Odinga, which seeks access to all Forms 34A, 34B and the commission’s servers and technology kits.
Another application to be determined is that of several lawyers, including Attorney-General Githu Muigai, who have applied to be enjoined as Amicus curiae (friend of the court).
The main petition will start at 3pm.
