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CJ Maraga Issues Directions To Chebukati In New Petition Challenging Uhuru’s Win

President of the Supreme Court,Chief Justice David Maraga has compelled IEBC Chairman Wafula Chebukati to grant access to petitioners challenging the re-election of President Uhuru Kenyatta to all copies of election result forms 34A, B and C and a certified copy of voters’ register.

The judges however unanimously declined to grant them access to the technological side – the gadgets used to identify voters and transmit the results, logs from those devices, the memory cards, servers on which the information was stored and details of the transmission of results.

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The CJ ordered lawyers for petitioners, Njonjo Mue and Khelef Khalifa to report back their findings by 3pm tomorrow.

The judges’ ruling on the application was read by Justice Smokin Wanjala, who said their decision was guided by the documents submitted on the matter, the arguments in the court and the decision in a similar case in August.

“The (IEBC) is hereby ordered to grant access to all original Forms 34A, Forms 34B, Form 34C. The (IEBC) is also to avail a certified copy of the voters’ register at the costs of the petitioner. The remaining prayers are hereby declined,” he said.

Justice Wanjala said the detailed reasoning for the refusal would be given in the full ruling but said some of the reasons were that it would be impossible to fulfil them in the short time available, the request was not particular and that some “were couched in such general terms as to amount to fishing expeditions.”

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Justice Maraga ordered the IEBC’s lawyer, Waweru Gatonye, to ensure his clients give the petitioners’ team, headed by Harun Ndubi, access to the forms and the register, which were reported to be in their warehouses.

He said the petitioners and President Kenyatta should have seven people each to do the job and the IEBC as many people as they need to assist them do their job.


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