Confusion reigned at the Kisumu Court of Appeal as it emerged that important documents needed for the commencement of the election petition between Jack Ranguma and Kisumu Governor Anyang’ Nyong’o were not filed, compelling Judges to adjourn the sitting.
IEBC Lawyer Edwin Mukele told the bench of three judges that the appellant (Ranguma) had served them with written submissions but important High court rulings which the petition was founded upon were not included.
Mukele pointed out that among the documents which were missing included; Justice David Majanja’s ruling on application for scrutiny of votes, and the ruling on the application for access of information which the appellant had sought from the trial court.
This saw the early Monday morning session adjourned but the sitting commenced again at 11:30 am.
Justice Philip Waki, Justice Fatuma Sichale and Justice Odek Otieno adjourned the session to allow the parties to file any other missing documents.
When the session resumed, the court could not proceed as lawyer James Orengo (Governor Nyong’o's Lawyer) was the only one present while the other advocates were yet to come back.
The Judges ordered that the session will resume on Monday at 2:30 pm to allow the advocates file all their missing documents.
According to Richard Onsongo,(Ranguma’s lawyer), he had assumed that the court will use a High Court file which contained the documents and therefore saw no need to file the supplementary documents.