Lawyers representing President Kenyatta and the IEBC chairman, Wafula Chebukati, differed sharply at the Supreme court on Tuesday (November 14) during the pre-trial conference ahead of the hearing of a petition challenging Uhuru’s re-election.
In one of his affidavits, Uhuru, through his lawyer Fred Ngatia, asked apex court to expunge documents that were filed by the petitioners a day after the constituted deadline.
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“The deadline for filing the petition was 6th November, but those documents were part of the petition but were filed on November 7. One day after the Constitutional timeline,” Ngatia submitted.
Responding to the request, the IEBC Chairman’s lawyer, Kimani Muhoro, said he does not support the prayer by Kenyatta’s legal team to have the documents expunged.
Judge Isaac Lenaola questioned why Muhoro was opposed to Kenyatta’s prayer.
“These are documents that were filed out of time, they affect you, and you are saying you have no objection. Because?” posed Lenaola.
Lawyer Muhoro explained that he has no issue with filing of documents beyond time since he understands how busy and hectic it was at the Supreme Court registry during the last day of filing.
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“We have all had problems in filing documents, there has been a long queue at the registry, and it would be dishonest of me (to object). That’s all,” the IEBC Chairman’s lawyer briefly submitted.
He, however, agreed with Senior Counsel Ngatia that five memos from Chebukati before to the court should be struck out on grounds that they were “illegally” obtained.
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