[Wafula Chebukati in a past event. He had two of his memos expunged from the Supreme Court. Photo/Nation]
Electoral body IEBC, boss Wafula Chebukati survived Supreme Court horror following successful application by President Uhuru Kenyatta lead counsel, Fred Ngatia to ‘expunge memos’ from part of the case challenging Uhuru election.,
Prior to the Supreme Court hearing, lawyer Nzamba Kitonga had said the memos would dominate discussions in the court given that they emanated from IEBC.
“Anyone can swear affidavits and attack the two memos. They can be a strong ground of nullifying an election,” he said.
At the court, Ngatia insisted that the controversial memo from Wafula to Ezra Chiloba could not be authenticated since the commission has not come out ‘clear’ on them and that they were internal.
“The memos will be expunged from court records and will not be used. It is not clear where they emanated from,” read part of Chief Justice David Maraga’s pretrial decision.
In the memos, Chebukati admitted that the August polls were run in a manner that contravened the law and that Chiloba had done certain things without consultations.
The two cases challenging Uhuru Kenyatta’s reelection will enter trial on Wednesday morning with the six bench judges expected to make decision on whether or not the petitions should be consolidated.