The stage is set for a major legal battle between NASA, Uhuru and IEBC legal teams after the Supreme Court last evening accepted crucial documents and evidence.
In first-round win for the NASA team whose 900-page affidavit was rejected by the same court in 2013 Presidential petition, Raila’s legal team led by Senator James Orengo will now have a chance to demonstrate that key documents used by the IEBC were not authentic.
Orengo claims the IEBC printed fake forms 34A and 34B to justify what it refers to as “fraudulent” results that were used to declare Uhuru as President in the just concluded election exercise.
“I am advised by my advocates on record, and believe the same to be true, that the majority, if not all of these forms, are forgeries, and amount to a massive fraud committed on the People of Kenya,” Raila said as quoted by The Star.
However during the pre-trial conference hearing on Saturday night, President Uhuru lawyers and those of IEBC initially united in opposing the affidavit, claiming they were filed out of time.
CORD’s 2013 affidavit was knocked out on a similar technicality by the then Supreme Court that was headed by Willy Mutunga.
But in their ruling yesterday, the seven-judge Bench said the three respondents – including the IEBC and its chairman Wafula Chebukati had failed to demonstrate that the documents would change the character of the petition.
“The application therein has not claimed nor demonstrated that the filing of the documents and annexures in question seek to introduce new evidence or change the character of the petition,” said Justice Smokin Wanjala.
“The retention of the documents and annexures in question on the court record would in our view not jeopardise or seriously undermine the ability of this court to hear and determine the petition within the time limit of 14 days.”
NASA has included barcodes in the analysis of the forms 34A and 34B.
However the judges deferred to today morning a major ruling on whether the former Prime Minister will be allowed to audit the electoral commission’s electronic system, including the servers.
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