Supreme Court president and Chief Justice David Maraga. [Photo/@Nation_Politics]
1st and 2nd petitioner submissions1:31 pm: The petitioners say IEBC is not independent and that the chairman admitted the same a week to the fresh election.
They said more than 1 million people did not vote.
1st and 2nd petitioner submissions
12:55 pm: 1st and 2nd petitioner's lawyer Julie Soweto is currently making her presentation.
She argues that the resignation of Dr Rosyln Akombe as IEBC Commissioner greatly affected the mandate of the electoral body.
Sh says the withdrawal of Raila Odinga or any other candidate would affect the entire process.
She says voter turnout changed at least three times, a move that indicated how dishonest IEBC was.
"IEBC has been unable to tell a consistent story, for example, the voter register kept changing. IEBC chairman Wafula Chebukati affidavit confirms the Commission was not Independent of outside interference," she said.
"The chairman is admitting there is political interference within the IEBC. He is admitting to Kenyans a week before the election that he cannot guarantee free and fair elections?''
Merged petitions
Supreme Court CJ Maraga merged petitions as follows;
Harun Mwau - 1st petitioner Njonjo Mue - 2nd petitioner Khalef Khalifa - 3rd petitioner IEBC - 1st respondent IEBC Chairman Wafula Chebukati - 2nd respondent President-elect Uhuru Kenyatta - 3rd respondent Ekuru Aukot & AG Githu Muigai - 1st & 2nd interested party
Presentations
12:15 pm: Petitioner Harun Mwau's lawyer is currently presenting his case. He is arguing that presidential candidate Cyrus Jirongo should not have been on the ballot.
Session kicks off
11:32 am: The Court has unanimously dismissed a petition by Caleb Wamaya who applied to be admitted as an interested party.
The Court has allowed scrutiny of election materials and forms as requested by lawyer Julie Soweto.
IEBC has been asked to avail a copy of voters' register forms 34Bs and 34As to the petitioner, but not KIEMS kits & KPMG audit report.
Judges arrive
1:15 am: Judges have arrived ready for the hearing of the petition. The bench set to deliver rulings on remaining applications.
Lawyers arrive
9:55 am: Lawyers representing the petitioners and respondents were still arriving at the Supreme Court chambers until early 10 am to set up ahead of the arrival of the judges.
Background
9:00 am: The hearing of the presidential election petitions (three) against President-elect Uhuru Kenyatta kicks off today (November 15) at the Supreme Court in Nairobi.
On Tuesday, the court held a pre-trial conference where it made the following resolutions;
1. NASA principals Raila Odinga, Kalonzo Musyoka and Musalia Mudavadi were suspended from the hearing of a case filed by Institute for Democratic Governance (IDG) against the four, with judges saying it was not time-bound.
2. The six Supreme Court judges expunged from the court records the controversial internal memos obtained from Independent Electoral and Boundaries Commission (IEBC) after Uhuru Kenyatta's lawyer Mellisa Ng’ania said the documents were obtained illegally and should not form part of the record.
3. Attorney General Githu Muigai was admitted as an interested party. His application as amicus curiae was however rejected.
4. Led by Chief Justice David Maraga, the judges directed that Nasa should not be retained as a respondent in the petition. Parties in the case were restrained from making any references to Nasa leadership.
5. Thirdway Alliance leader and presidential candidate Dr Ekuru Aukot was admitted as an interested party.