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Why Maraga got visibly Upset during today’s Supreme Court hearing

Chief Justice David Maraga and five other judges on Tuesday began to hear applications for order of scrutiny and the striking out of documents filed out of time, regarding petitions challenging President Uhuru Kenyatta’s October 26 win.

The preliminary hearing began on a rather emotive note when CJ David Maraga tried to probe his deputy register whether the documents in questions-which Lawyer Fred Ngatia wanted struck out- were filed after the constitutional deadline.

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President Kenyatta, through lawyer Fred Ngatia,wanted the annexures and the voluminous documents that were filed a day late not be allowed in the court record.

The petitioners, through lawyer Julie Soweto, opposed Lawyer Ngatia’s plea,explaining to the judges the difficulties they encountered in filing the documents as she opposed claims of late filing.

Ms Soweto further explained that her duty was to avail to the court sufficient copies of the petition, which they did.

“Justice should be administered without undue regard to procedural technicalities. This is a procedural technicality,” she said,citing that the Supreme Court registrar was unable to stamp all their documents and asked them to come the next day(which was past deadline).

Not satisfied with Lawyer Sowetto’s explanation, Mr Maraga summoned the Deputy Registrar, Daniel ole Keiwua, to state the correct position.

Mr Keiwua said the petitioners came up with two complete sets of the petition on November 6th but brought the rest— five other documents— the following day (November 7th),which was past the stipulated time.

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The court— led by Judge Maraga, DCJ Philomena Mwilu, Justices Jackton Ojwang’, Smokin Wanjala, Njoki Ndung’u and Isaac Lenaola will determine whether to strike out the said documents after the pre-trial hearing.

They will also decide who among the applicants will be enjoined either as an interested party or Amicus Curiae (friend of the court).


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