Supreme Court Throws Out NASA from Petitions Challenging President Uhuru's Victory

Lester Mason
November 15, 2017

In other rulings on Tuesday night, the court expunged the National Super Alliance as a respondent in the Njonjo Mue and Khelef Khalifa petition following an application by President Uhuru Kenyatta's lead counsel Fred Ngatia.

The court ordered the IEBC to grant immediate access to the original vote tally forms and a copy of the voter register to the petitioners, a former lawmaker and two human rights activists.

President Uhuru Kenyatta's lawyer Fred Ngatia reacts during the status conference of the presidential election petition at the Supreme Court in Nairobi, November 14, 2017.

The evidence in question were five leaked internal memos some of which had been going round at the height of internal wrangling by the electoral commission's top leadership in the run up to the October 26 repeat poll.

Justice Maraga reiterated that the court will conclude the pre-trial of three petitions before it by the end of the day in accordance to Supreme Court rules which require a pre-trial sitting be held within eight days of the filing of petitions.

The court also heard an application by Jubilee Party seeking to be enjoined in a petition filed by the Institute for Democracy and Governance (IDEG) even as NASA lawyers contested its admissibility on grounds that it fails to meet the threshold for presidential petitions under Article 140 of the Constitution.

NASA lawyer Paul Maina did not object to the ruling.

There are concerns about intimidation after the court failed to find a quorum to consider a petition seeking to postpone the repeat presidential election on October 26, a day after a bodyguard of one of the judges was shot.

The actual hearings of the petition started on Wednesday morning with six judges including Chief Justice David Maraga, Deputy Chief Justice Philomena Mwilu and justices Njoki Ndung'u, Smokin Wanjala, Isaac Lenaola and Jackton Ojwang being part of the bench. Another will run concurrently seeking to block Nasa candidates from future elections over election malpractices.

Other reports by Iphone Fresh

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