Former IEBC official Roselyn Akombe [Photo/The Star]
As the court continues to oversee the petition filed against President Uhuru's win in the repeat polls, lawyers petitioning the win have been told to explain the use of Roselyne Akombe's statement of resignation.
Prior to the election Akombe resigned from the IEBC and went on to leave the country. According to the former IEBC official she could not guarantee that the election would be credible.
According to ICJ's Kenya chapter chairman Njonjo Mue lawyers, the resignation signaled that the IEBC was not ready for the October 26 poll.
"The only evidence is that the statement has been owned...IEBC has not denied that it actually came from Akombe," lawyer Julie Soweto said as reported by The Star.
However, Justice Jackton Ojwang' has told Soweto to explain the use of the statement in the petition.
Soweto insisted that the statement should be admissible in the petition and that IEBC chairman Wafula Chebukati had confirmed its validity.
"This is a written statement on letterhead. The documents are in the public domain so they should not be ignored," she added.
"An inference of the truth must be drawn from the fact that Chebukati acknowledged the statement and referred to it in his affidavit and are part of the document that were sworn."
She further highlighted how the electoral commission had indicated issues prior to conducting the election.
"The chairman is admitting there is political interference within IEBC. He is admitting to Kenyans a week before the election that he cannot guarantee free are fair elections."