Supreme Court Judge David Maraga. His team upheld President Kenyatta's win on Monday, paving way for his swearing-in on Tuesday. [Photo/Star]
With the Supreme Court ruling having been delivered on Monday, giving President Kenyatta a nod, key indicators during submissions pointed to the fact that the case was doomed to fail.
The petitioners suffered an early blow when initial memos obtained from the electoral commission were rejected by the Supreme Court, consequentially ex-punched from the petitioners’ files.
The petitioners had attached the memos to strengthen their cases, but the judges said the memos were obtained illegally and could not be used as evidence.
The memos had shown a clear division at the commission, with commissioners failing to agree on many issues.
However, lawyers led Fred Ngatia explained to the court that the memos were obtained unfairly hence could not serve as evidence.
“The basis of this request is that the memos were unlawfully acquired by the petitioners,” Ngatia submitted during the case.
“In the memos, we see that they are internal documents and there is no evidence that the petitioners requested the secretary of the second respondent to avail them,” he added.
According to the lawyer, allowing the documents to be used in the court would encourage petitioners to acquire documents illegally and present them before the court.
The Supreme Court finally gave a ruling on Monday, upholding the president’s win, paving way for his swearing-in next week on Tuesday.