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Live updates on Day one of Supreme Court presidential petition

2017-11-14T08:25:57.538+0000 Abuga Makori Jnr

[Supreme Court of Kenya on session in a presidential petition. The court is set for pretrial hearing on Tuesday morning. Photo/Nation]

5:59pm: Lawyer Kioko Kilukumi insists that Supreme Court ought to hear and determine a case in which he has sued NASA leaders over alleged electoral misconduct. Chief Justice David Maraga says the court ought to finish issues to do with pretrial, adjourns proceedings to 8PM local time.

5:02pm: Lawyer Paul Mwangi says Jubilee had alleged that NASA did not withdraw from the race thus the response that is being disputed.He further states that NASA has been drawn to the petition based on alleged irregular conduct.

4:50pm: NASA admits that it did not participate in elections thus their request to be enjoined should be expunged from court records according to Uhuru's lawyer, Fred Ng'atia. He says the application amount to a fresh petition hence Jubilee do not have time to give long answers.

4:41pm: Supreme Court judges resume after an hour break. Judges will hear tow applications, once seeking to strike out NASA in petition number 4 and another one seeking to enjoin Jubilee in petition number 3 of 2017.

3:25pm: Chief Justice Maraga adjourns proceedings for one hours after which there will be oral submissions on an application by President Uhuru Kenyatta that seeks to expunge NASA coalition from being part of the proceedings.

1:55pm: IEBC opposes application by lawyer Julie Soweto, standing in for Njonjo Mue to have proper scrutiny of voter register and KIEMS kits. It claims that the application is made in a 'very general and broad' term.

1:40pm: Counsel Soweto calls for proper audit of KIEMS kit to ascertain the actual number of people who participated in Presidential repeat poll. She argues that the actual figure was altered thus the application for scrutiny.

1:07pm: Lawyer Ngatia says the controversial memos were illegally acquired and could be forgery. He further says they were internal and cannot be used for court process. If admitted, he says, his client, President uhuru Kenyatta will suffer prejudices since they will contaminate the entire process.

12:53pm: Julie Soweto dismisses applications by President Uhuru Kenyatta lawyer, Fred Ngatia to have explosive memo by IEBC chairman Wafula Chebukati  to Ezra Chiloba expunged from the court. She argues that only IEBC should have made the application. 

12:47pm: Lawyer Julie Soweto defends late filing of a number of documents in the second petition, through Njonjo Mue adding that no parties will suffer prejudice should they be admitted by the court.

12: 33pm: In September, the Supreme Court of Kenya became the first apex court in Africa and the fourth in the world to nullify presidential election results. Should the two petitions go throw, Kenya will yet again be subjected yet again to the third election in six months.

12:20pm: Lawyer Fred Ngatia, on behalf of  President Uhuru Kenyatta, wants annexes of explosive memo by IEBC chairman Wafula Chebukati to CEO Ezra Chiloba expunged from petitioners records on grounds that it was not meant for public consumption.

11:45am: Lawyer Harun Ndubi appearing for Njonjo Mue wants more time to look on issues he is supposed to respond to. Chief Justice adjourns proceedings for 15 minutes upon request by Ndubi.

11:40am: Chief Justice David Maraga walks in with five other judges and are set to here on three important applications. Two petitions challenging Uhuru Kenyatta's victory with another one from Centre of good Governance which implicates opposition leader Raila Odinga.

11: 23 am :

The court will first make determination of various parties that had applied to be enjoined as either interested parties or friends of the court before setting rules for engagement. This is the second petition in under three months.

11:20 am : The Supreme Court of Kenya about to start a hearing tow presidential petitions challenging President Uhuru Kenyatta's victory. Six out of seven judges are expected to take part in the proceedings.

The quorum is five, and its unlikely that a number of judges could miss apart from Justice Mohammed Ibrahim who is undergoing medication outside the country.

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